Abstract
Since 2012, 16 laws granting rights to trans individuals have been passed in Spanish regions. How can we assess the quality of these laws? Do they all profoundly and positively transform trans people’s well-being? Do they tackle the economic marginalization of trans people? Do they have a symbolic impact? Using multidimensional criteria, I analyze trans-specific and LGBTI+ antidiscrimination policies to define trans-positivity in policymaking. This article uses feminist theory to judge this legislation’s value, contrasting that with the insights of activists and policymakers interviewed for this purpose. Benefiting from the discussion between Nancy Fraser (1995) and Judith Butler (1997), the quality of trans legislation can be assessed by looking at both cultural recognition and economic redistribution. In addition, following Andrea Krizsan and Emanuela Lombardo (2013), I also analyze these laws through the lens of empowerment and transformation. Having made the elusive relationship between sexuality and political economy in trans laws in Spain visible, I call for greater imagination to envisage other sorts of political actions for trans people.
Highlights
During the last decade, the discrimination transgender people have historically experienced in Spain has been acknowledged (Missé, 2018)
In addition to the 2007 national legislation that allows trans people to change the name and sex on their IDs, eleven Spanish regions have passed trans-specific legislation along with anti-discrimination policies. These policies are the result of the recognition of a new political subject, the transgender individual
Compensation can include the use of counter-geographies, spaces in which oftenexcluded voices can become experts, and identifying the intersectional obstacles in place (Fernández-Garrido, 2017, p. 15). When it comes to redistribution justice for trans people, state actions compensate for structural situations of discrimination, such as the historical prosecution of non-normative sexualities under the Francoist dictatorship (1939–1975) or the material difficulties of having a livable life
Summary
The discrimination transgender people have historically experienced in Spain has been acknowledged (Missé, 2018). In addition to the 2007 national legislation that allows trans people to change the name and sex on their IDs, eleven Spanish regions have passed trans-specific legislation along with anti-discrimination policies These policies are the result of the recognition of a new political subject, the transgender individual. The coalition government has established an emergency-response plan that restricts some freedoms and increases police surveillance, a plan that especially impacts trans individuals who find themselves at the crossroads of multiple inequalities This new political scenario and the coming recession will have consequences for trans people, which involves a careful discussion on how policymaking is never neutral. My conclusions highlight the emphasis on recognition politics for trans people, and the relevance of imagination and play when we imagine sexuality in policymaking
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
