The Supreme Court of Justice of the Nation (SCJN) invalidated on Thursday the requirement to be 18 years old to request a new birth certificate for the recognition of the self-perceived gender identity of trans people.
The ministers of the court invalidated article 875 Ter, section II of the Civil Code of Puebla, which requires being 18 years old to request the lifting of a new birth certificate, for violating the right to gender identity of trans children and adolescents.
The Court held that the norm violates the right to equality and non-discrimination of trans minors, so they declared the unconstitutionality of the challenged norm by unanimity of eleven votes.
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“There is nothing to cure, the trans experience is not a disease, but a reality that accounts for human diversity, trans childhoods and adolescents know who they are and understand their place in the world, which are not homogeneous, are diverse, and build their identity regardless of any medical treatment or legal norm,” said during the discussion the president of the Court, Arturo Zaldivar.
🔴 | #ElPleno “Today we have the opportunity to reaffirm in one voice that there is no #NadaQueCurar, that the experience #trans is not a disease, but a reality that accounts for human diversity. The #InfanciasTrans understand their place in the world”: @ArturoZaldivarL pic.twitter.com/ysgvo6PCTb
— JusticiaTV (@JusticiaTV_MX) March 3, 2022
According to the minister, “the gender identity of trans children is as valuable as any other so it deserves the same constitutional protection.”
Through a statement, the SCJN reported that the discussion of this matter will continue during the next session of the Plenary, since the resolution of the effects of the declaration of invalidity was pending.
The action of unconstitutionality 73/2021 was promoted by the National Human Rights Commission, demanding the invalidity of article 875 Ter, section II, of the Civil Code for the State of Puebla, added by decree published in the Official Newspaper of the entity on March 26, 2021.
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