Depathologization of Trans People: Legal and Social Advances
The third Saturday in October becomes an emblematic date for the advocacy of the depathologization of trans individuals. The tireless struggle of the transgender community for the recognition of their right to identity and gender expression has led to the celebration of this awareness day.
In 1990, the World Health Organization (WHO) marked a milestone by removing homosexual individuals from the list of diseases, leaving behind the categorization of lesbians and gays as “deviant” or “ill.” This decision signified the end of biological arguments that underpinned discrimination. However, transsexuality did not receive the same recognition at that time and has since continued to be considered a pathology. Nevertheless, since 2018, the WHO has made a significant change by reclassifying transsexuality under the heading of “Gender Identity Disorders” instead of “Personality and Behavior Disorders,” thereby becoming part of the list of “conditions related to sexual health” and using the term “gender incongruence.”
In 2016, Catalonia adopted an innovative healthcare model that no longer considered transsexuality a pathology. This measure allowed the issuance of health cards with the preferred name and paved the way for other official documents to follow suit.
This year, the Spanish State has taken a significant step towards equality and the recognition of the rights of trans individuals with the approval of Law 4/2023 for real and effective equality of trans individuals and the guarantee of rights for the LGBTI community. This law has a direct relevance to trans depathologization by promoting equality and the rights of trans individuals and eliminating practices that considered their gender identity as a pathology. It represents a significant milestone in recognizing the rights of trans individuals and the LGBTIQ+ community.
