MEXICO CITY (apro).– The Supreme Court of Justice of the Nation (SCJN) has invalidated regulations from nine states of the Republic for violating the rights of transgender children.
From the year 2021 and until June 19, the Court reviewed the Civil Codes of Jalisco, Oaxaca, Baja California, Baja California Sur, Puebla, State of Mexico, Nuevo León, Sonora and Mexico City that prevented minors from 18 years old to modify their birth certificates to adapt them to their gender identity.
In its resolutions, the Court has established measures to facilitate trans children with the procedures they must carry out to assign their official documents to their gender identity.
The ministers have resolved that these procedures should be faster; free; that the authorities take care at all times that the rights of trans children are not violated; not generate requirements based on prejudices and that they receive specialized advice.
The laws reviewed by the Court were as follows:
Mexico City
In August 2021, the local Congress modified the local Civil Code to recognize the right to gender identity, but age limitations were established.
But in October 2021, the First Chamber of the Court reviewed an amparo against this limitation and, at the proposal of Minister Norma Piña, established that the right to gender identity must be recognized for all people regardless of their age.
Subsequently, the Chamber reviewed another amparo against the decree of the Law on Trans Children, which, although it recognizes the right of minors to adapt their documents to their gender identity, limited them to carrying out the process only in the presence of their parents and from of 12 years.
The Court determined that the government of Mexico City should refrain from approving said law until these limitations are eliminated.
Puebla
The first time that the issue of trans childhoods reached the plenary session of the Court was on March 7, 2022 when, at the proposal of Minister Yasmín Esquivel, the Highest Court declared a reform to the Civil Code of Puebla unconstitutional for vetoing minors of age of the right to change the gender and name with which they are identified on their birth certificate.
The Court granted the Puebla Congress one year to create a procedure that allows trans minors, from the age of 12, to modify their birth certificate to adjust it to their self-perceived gender identity.
Until last April, the Puebla Congress was in contempt of the Court’s ruling.
The president of the Government and Political Coordination Board, Eduardo Castillo López, pointed out that there has been no consensus among legislators to correct the Civil Code of Puebla in accordance with the guidelines of the Court.
Baja California and Baja California Sur
Last week, the Plenary of the Court analyzed various articles of the civil codes of these states that prevented changes in birth certificates for trans minors and adolescents, since they limited the process to people over 18 years of age.
In the case of Baja California, the Court declared that its Civil Code violates the rights of trans children by completely excluding them from modifying their birth certificates to adapt them to their gender identity.
Regarding Baja California Sur, on June 13, the Court invalidated article 144 Ter, first paragraph, of the Civil Code, which also limited this procedure to persons of legal age.
However, the ministers declared valid the article that provides that the Civil Registry can make annotations in the certified copies of the modified acts, establishing the antecedents of these documents.
In other words, even if the birth certificate has a different gender identity and name, the Civil Registry can record that the original was modified on the back.
But, the ministers recognized that if the applicant for the procedure expressly asks the Civil Registry not to make this annotation, it must respect his wish and not record the antecedent.
Consequently, both states have one year to legislate again and establish an easier and faster administrative procedure for modifications to the birth certificates of trans children.
sonorous
At the proposal of Minister Alfredo Gutiérrez Ortiz Mena, the Plenary of the Court declared that article 116 BIS of the Civil Registry Law for the state of Sonora violates the right to equality and non-discrimination, the best interests of children, the gender identity and the free development of the personality of children and adolescents.
The article was declared invalid for not allowing minors to access this procedure and the local Congress must legislate to guarantee this right to trans children.
The Court granted the local Congress a year to legislate again and establish an easier and faster administrative procedure for the modifications to the birth certificates of trans children.
Jalisco
On June 15, the Court noted that the entity’s legislation limited the change of birth certificate for recognition of gender identity, to the fact that the petitioner was of legal age, therefore, by invalidating this portion, now the trans minors can now access the procedure.
The ministers also granted the Jalisco Congress a year to establish brief administrative procedures so that trans minors and adolescents can modify their birth certificates.
oaxaca
That June 15, the Court also analyzed the Civil Code of Oaxaca in which it invalidated the requirement of being at least 12 years old to request the Civil Registry of the entity to rectify the birth certificate for the recognition of the identity of self-perceived gender.
The disability declared by the Court will take effect the day after the local Congress is notified of the resolution issued by the Plenary, so that children under 12 years of age will be able to carry out their procedures almost immediately.
Mexico state
The Court invalidated the requirement of being of legal age to request the change of the birth certificate to adapt it to their gender identity and that of not being subject to judicial process that affects the rights of third parties.
In this sense, the plenary considered that there was no justification for the legislation of the State of Mexico to establish said requirement because the change of the birth certificate of a person does not extinguish the rights or obligations that this person has against others.
Although Congress has 12 months to legislate and establish a brief administrative procedure for changing the birth certificates of trans children, the invalidity of the requirement of not being subject to judicial process that affects the rights of third parties will take effect immediately.
