Corte Suprema de Chile aprueba cambio de sexo sin necesidad de cirugía

by / 231 Comments / 3 View / 01/06/2018

01 de junio de 2018 (El Comercio).- La Corte Suprema de Chile reconoció este miércoles 30 de mayo del 2018 el cambio de nombre y sexo en el registro de una persona transexual sin requerir intervención quirúrgica, en un fallo inédito que llena un vacío legal.

La sentencia, que privilegia el cumplimiento de tratados sobre derechos humanos ratificados por el país, estableció que, a pesar de que la legislación actual no regula el cambio de sexo para transexuales, “los principios internacionales en materia de derechos humanos facultan a los jueces a realizar el cambio”.

El fallo dividido de la Corte concluyó que “supeditar la sentencia de reasignación sexual, a la previa realización de una intervención quirúrgica (…), sería quedarnos en una visión reduccionista que equipara el sexo en términos jurídicos, con solo una de sus exteriorizaciones”.

De esta forma, revocó una sentencia anterior de un Tribunal de Santiago que negó el cambio a sexo femenino en los registros de una persona cuya identidad fue mantenida en reserva por la máxima instancia judicial del país.

La sentencia anticipa los alcances de un proyecto de ley de identidad de género que afronta un largo trámite en el Congreso y que busca consagrar el derecho a la identidad de las personas trans.

El proyecto de ley de identidad de género se ganó los titulares en Chile tras la consagración de la película “Una mujer fantástica”, protagonizada por la transexual Daniela Vega.

Ese largometraje ganó el Oscar a mejor película de habla no inglesa y su protagonista hizo un llamado para que el país apruebe la norma que pretende facilitar el cambio de sexo y asegurar los derechos civiles a una comunidad castigada por la discriminación.

La expresidenta Michelle Bachelet aceptó el reto y le impuso al proyecto “suma urgencia” legislativa, logrando que el mismo pasara a una comisión mixta antes de dejar el poder al derechista Sebastián Piñera, el 11 de marzo pasado.

Se espera que en junio el Congreso tenga la votación final y transforme en ley un texto que hace más de cuatro años deambula entre ambas Cámaras.


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