The High Court of Justice of Andalusia (TSJA) has acknowledged the registration of non-binary gender in the Central Registry of Foreigners. This precedent reflects progress in gender inclusion and establishes new parameters in documentation and immigration procedures.
WHAT DOES THE JUDGMENT SAY AND WHAT ARE ITS IMPLICATIONS?
The mentioned judgment has allowed Andrea Speck, a resident of Spain for over a decade and of German origin, to be recognized as non-binary. Andrea had already been recognized as having an undefined gender in her German passport; however, in Spain, her struggle came to an end in 2018 after winning a legal process that not only ruled in her favour but also prompted the Directorate General of Migrations to modify official forms and all relevant documentation.
WHAT SHOULD BE CONSIDERED IN THIS NORMATIVE CHANGE?
Despite being a significant step forward, as mentioned, the application is still restricted because the option to register as non-binary gender is only available to migrants who already have that identity recognized in their countries of origin. This allows for a similar recognition in both jurisdictions.
The “undefined” gender will be reflected on foreigner identity cards (TIE), but not on Spanish citizens’ National Identity Cards (DNI), as there is currently no regulation that includes such a measure for Spanish citizens.
IMPORTANT TO NOTE…
This inclusion is a significant advancement in recognizing non-binary identities and protecting their rights. It also reflects a state that adapts to social realities and demonstrates a clear commitment to equality and non-discrimination.
Furthermore, this progress brings along some significant challenges that involve overcoming obstacles arising from other legislations at the international level. This opens the possibility for international cooperation and debate to maintain the same level of protection internationally as provided in Spain.
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