A Civil Guard makes use of the 'trans legislation' as an excuse to problem a superb for having lengthy hair | Society | EUROtoday

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In Caravaca de la Cruz (Murcia), a civil guard modified gender beneath the Law for the Real and Effective Equality of Trans People, permitted in December 2022 and popularly often called ley trans, However, she didn’t formally talk this circumstance to her superiors. This change in her registered intercourse occurred when her superiors opened a file on her for having her hair longer than the inner laws enable for male officers, and solely then did she proceed with the change and talk it. The file has concluded with a lightweight sanction, based on the documentation and testimonies to which EL PAÍS has had entry. The agent has to date saved her male identify and the looks she had earlier than registering as a girl apart from the size of her hair. Justice for the Civil Guard (Jucil, the bulk skilled affiliation among the many brokers of the armed institute and to which the affected lady belongs) has distanced itself from the incident and factors out that the agent's perspective really seeks “different ends and alien to the sense of equality.” This newspaper has unsuccessfully tried to acquire the model of the Civil Guard because it has not been in a position to find her.

The case started on the finish of final 12 months, when the feminine officer was warned by her superiors on at the very least two events that she was sporting her hair longer than the size required for males when sporting uniform in a 1996 Civil Guard round nonetheless in drive. This inner rule states that in males “the haircut will be 'classic', tapering towards the neck, so that it is left exposed approximately two centimetres above the edge of the shirt, as well as the earlobes”. It additionally regulates that the sideburns “will be cut horizontally, without going below the average height of the earlobe, or going up so high that they are obscured”. In the case of girls, the laws do enable lengthy hair so long as it’s tied again in a ponytail, a bun or a braid and this doesn’t forestall the sporting of headgear, whether or not it’s the tricorn hat or the regulation cap. The officer, who works in uniform for the general public, was disciplined on January 9 for refusing to chop her hair to adapt to the norm for males.

The agent's response got here 10 days later with the presentation of a request to the chief colonel of the Civil Guard in Murcia to request authorization to “wear long hair.” In that letter, wherein she alleged that “in current legislation there is no express prohibition” to have the ability to achieve this so long as it doesn’t forestall “the correct placement of each of the elements of the uniform,” the agent additionally didn’t seek advice from her change of gender and, in truth, she referred to herself always as male. Thus, she spoke of “destined”, “interested” or was included among the many “male components of the Body”.

The excessive command's response got here on February 6 within the type of a decision wherein it rejected the request, concluding that within the case of the agent – who at the moment had nonetheless not communicated her gender change – having lengthy hair “would break the external signs of personal police and physical appearance of the personnel that is part of this institution.”

Following this decision, the agent delivered the doc in early April wherein she formally reported for the primary time that the earlier 12 months she had obtained “a modification” to her beginning certificates. “Varying my registration mention from male to female,” which she corroborated by attaching a duplicate of his DNI and his beginning certificates wherein this circumstance was already recorded. In the doc, the civil guard requested that “the change of sex be recognized, without any type of discrimination and receiving equal treatment to the rest of the colleagues.”

His superiors thought of that this communication didn’t change the details and identified that its solely goal was to keep away from the sanction. Therefore, the disciplinary process continued and, lastly, final week he was given a “reprimand”. [reprobación expresa] because the creator of a minor offence contemplated in article 17 of the Disciplinary Regime of the Civil Guard. The agent has appealed the sanction contemplating that, being a girl and sporting her hair up, she complies with the inner laws. Sources from the armed institute guarantee, nonetheless, that she has completed so exterior the deadline.

The case, which grew to become recognized final Sunday after making it public The Opinion of Murciahas created unrest throughout the Civil Guard, the place there are already a dozen brokers who’ve accepted the ley trans to vary gender with none downside having been revealed till now. In truth, that is the primary time that an incident has occurred. The secretary common of Jucil, Ernesto Vilariño, has assured this newspaper that his affiliation, to which the sanctioned Civil Guard is affiliated, “intends, in this sense, to act with the utmost rigor in the defense of the interests and rights of its associates, provided that these interests respond to the democratic principles on which the association is based. Not so, in the defense of spurious interests that are intended to be passed off as others as legitimate as the due equal treatment before the command of all Civil Guards, regardless of their gender,” he provides.

The case of the Caravaca agent will not be the primary within the area of the Ministry of the Interior concerning the ley transIn March 2023, a number of media retailers reported that six inmates on the Villabona Penitentiary Centre (Asturias) had requested to vary intercourse with the alleged intention of transferring to a cell in a girls's module. The Minister of the Interior himself, Fernando Grande-Marlaska, then needed to deny this and report that, in actuality, just one request had been made.

According to statistics from the Interior Ministry and the Basque and Catalan governments – which have transferred the administration of the prisons to their communities – there are 100 trans individuals imprisoned in Spain, which represents lower than 0.2% of the 55,000 present prisoners. The three administrations then indicated that transsexuality will not be a figuring out consider deciding which module an inmate goes to, however quite that particular person standards are adopted. Although all of them take gender change under consideration, the choice on the ultimate placement of an inmate is predicated on a set of things, together with the crime, the sentence and different circumstances, as is the case with another prisoner.