Law Of Gender Identity.

Original Language Title: LEY DE IDENTIDAD DE GÉNERO.

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/153699

Law N ° 807 law of 21 may 2016 ALVARO GARCIA LINERA President in exercise of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: article 1 gender identity law. (OBJECT). This law aims to establish the procedure for the change of name, data of sex and image of transsexual and transgender people in public and private documentation linked to their identity, allowing them to exercise fully the right to gender identity.
Article 2. (CONSTITUTIONAL FRAMEWORK). In the framework of the second paragraph of the article 14 of the political Constitution of the State, everyone has the right to be recognized according to their gender identity.
Article 3. (DEFINITIONS). For purposes of this law, means: gender. It is the social construction of roles, behaviors, applications, ideas, clothing, practices or cultural characteristics and other customs for men and women.
Gender identity. It is the individual's gender experience as each person feels it, live it and exercise it to society, which can correspond or not the sex assigned at the time of the birth. It includes the personal experience of the body that may involve the modification of body appearance freely chosen, by medical and surgical means or otherwise.
Sex. Biological, organic and genetic condition that distinguishes women from men.
Data from sex. Difference between woman or man registered as feminine or masculine identity registry public or private documents, which may or may not match the sex at birth.
Transsexual. People who feel as belonging to the opposite gender is assigned to you at birth and who opt for a medical intervention to adapt their physical appearance? biological to psychological and social reality.
Transgender. Man or woman whose gender identity does not match their sex assigned at the time of the birth, unless it involves medical intervention of body modification.
Article 4. (SCOPE OF APPLICATION AND SCOPE).
I. scope of the present law is applicable throughout the national territory to Bolivian transgender and transgender, unmarried, divorced or widows, eighteen (18) years of age or older. II. the change of name, sex and image data be reversible only once, after which cannot be modified once again these data. In case of reversal turns to the name, initial sex and image data. Article 5. (WARRANTIES).
The State guarantees to the transgender and transgender, the following: the free development of his person according to their gender identity. Non-discrimination and the right to repair or satisfaction just and appropriate for any damage suffered as a result of the discriminatory act. The treatment according to their gender identity and, in particular, to be identified or identified in this way both in public and private life. Respect to their psychological, physical and sexual integrity. The exercise of physical autonomy, concerning the freedom and ability of a person to change their body image or not.
The exercise of their rights and obligations arising from the family link of descendants, parent, former spouses and related previously acquired in the exchange of gender identity, such as provisions on custody, parental authority, family assistance, travel, among other authorizations.
Article 6. (PRINCIPLES). This law is governed by the following principles: equality. All human beings are born free and equal in dignity and rights. Equity. Eliminate the gaps of inequality for the full exercise of freedoms and the rights of transsexuals and transgender people, provided for in the political Constitution of the State, international standards of human rights and national laws.
Protection. Transsexual and transgender people, have the right to protection against all forms of discrimination, in an effective and timely in administrative and/or jurisdictional headquarters, ensuring reparation or satisfaction just and appropriate for any damage suffered as a result of the discriminatory act.
Good faith. It is the trust, cooperation and loyalty in the performance of servants and public servants, citizens, by what are presumed valid and legitimate evidence and statements presented by the person concerned.
Celerity. It includes exercise timely and without delay in the administration of the process for change of name, data of sex and image of transsexual and transgender people.
Respect for diversity. Coexistence and interaction in equality of conditions between the various cultures, ethnic group, gender and sexual orientation identity.
Confidentiality. Ensure that the information is only accessible to the interested, interested, authorized by the standard or the requested court order and/or request Attorney.
Decent treatment. Respectful attitude, on equal terms, related to the honor, honor, image and dignity.
Article 7. (COMPETENT AUTHORITY). The service civic registry (SERECI), dependent of the Supreme Electoral Tribunal, constitutes the competent authority at the national level, for the registration of the change of name, data of sex and image to transsexuals and transgender people, within the framework of this law and of the specific regulation that implements the service of civic registration, for these cases.
Article 8. (REQUIREMENTS).
I to request a change of name, sex and image data, the applicant shall file with the SERECI, the following requirements: letter of request to change name, gender and image data, demonstrating the proper name sex initially registered, data and new name and data of the chosen sex.
Technical psychological examination attesting that the person knows and voluntarily assumes the implications of its decision.
Certificate of original and computerized birth issued by the SERECI, stating the age of majority.
Certification of data of persons issued by the General Service staff identification (SEGIP) without comment.
Certificate of civil status issued by the SERECI freedom.
The SERECI certificate of descent.
Certificate of the Judicial record of criminal history (REJAP), in order to inform about the changes made to the competent court if there some process in course.
Updated picture of the image that corresponds to the new identity.
II. of the SERECI and the SEGIP certifications submitted, must save correspondence on information of names, surnames, date of birth, place of birth and if applicable, parents and affiliation data. The correspondence of data refers only to those specific to the applicant or the person concerned.
Article 9. (PROCEDURE).
I change its own name, sex and image data will be initiative and voluntary decision and the holder of the same staff.
II. any person requesting the change of name, sex and image data shall provide to the departmental Directorate of the corresponding SERECI, regional offices or delegations of the SERECI having the requirements laid down in article 8 of this law, the Supreme Electoral Tribunal, in a personal way. Bolivian or Bolivians residing outside of the country, the procedure shall be through proxy through specific power, case in which will proceed to fulfill the fingerprint expert work defined by the SERECI process.
III. Once verified the presentation of the requirements, the departmental Director of the SERECI shall have a period of fifteen (15) days calendar Computable from the receipt of the request, to issue administrative resolution authorizing the change with the new name and sex on the birth certificate and fact the extension of a new certificate of birth of the applicant. To this end, the SERECI shall keep their registrations effected change.
IV. If any non-compliance in the presentation of any requirement, Secretariat the SERECI notify the applicant or the person concerned to rectify the same. Once cured the requirement, the SERECI will issue the corresponding resolution.
V. Within a period of fifteen (15) days calendar Computable from the issuance of the administrative decision, the SERECI will be notified automatically with this, change of name, dato sex and image to the following institutions: Personal identification service? SEGIP;

The banking supervisory authority? ASFI;
Address General of migration? DIGEMIG;
National tax service? WITHOUT;
Real rights;
Judicial criminal history log? REJAP;
National system of police record? SINARAP, of the Bolivian police (FELCC, FELCN and FELCV);
Directorate General of penitentiary regime;
Comptroller General of State? CGE;
Ministry of education;
Ministry of defence;
Boxes of public health;
Service national distribution system? SENASIR;
Authority of pension, securities and insurance? APS;
Other that the SERECI or the applicant considered necessary.

VI. institutions referred to in the preceding paragraph shall ex officio make the proper name and data of sex in one period not exceeding fifteen (15) business days Computable from its notification, and may, through the maximum executive authority, ask for clarification of the procedure; the term designated only may exceed substantiated way when the procedure requires physical presence, updated photograph and fingerprint. Within a period of thirty (30) days of Computable notification with the administrative decision, the SEGIP shall inform the SERECI the results of the update of the identity card.
VII. the change of name and fact of sex on birth certificates of marriage or common-law union with their ex-spouses and their descendants, will be recorded only in notes explanatory or marginal of each game, without registering a change of name and fact of sex in the corresponding certificates, nor in the family book.
VIII. no institution or authority may require judicial resolution, or other requirement for the recognition and registration of the change of gender identity, responsibility.
Article 10. (CONFIDENTIALITY).
I. the administrative process of change of name, sex and image data is confidential.
II. the documents indicated in article 8 of this law requirements and the administrative decision can not be displayed, nor it can deliver testimony, certification, simple or certified copy to third parties, unless there is a court order or request tax.
Article 11. (EFFECTS).
I all the public and private institutions to only request of the applicant and presentation of a birth certificate or identity card resulting from the administrative decision, must make the proper name, data of sex and image, all issued documents where there is a record from the or the holder's identity, keeping the other data entered in your documentation surname and personal identification number.
II. the change of name, sex and image data, will allow the person to exercise all fundamental, political, labor, civil, economic and social rights, as well as the obligations inherent to the assumed gender identity.
III. the property of the person who changed its own name, sex and image data, persists in all resolutions and decisions issued by the different levels of Government and organs of the State.
IV. compliance with obligations and authorizations for the descendants of the children of the people who made the change of name, sex and image, fact will proceed with the presentation of the birth certificate or identity card before the corresponding institutions.
Article 12. (PROHIBITIONS).
I. it is forbidden the use of documents that disclosed the identity prior to the change of name, data of sex and image in public or private procedures and any other legal act, shall constitute in crime against the faith of the public, and may be punished by civil or administrative way. This prohibition is excepted case ordered judgments, firm administrative acts, judicial and administrative proceedings under way.
II. who reviles, denigrate or humiliate transgender or transgendered, expressing hatred, exclusion or restriction, shall be punished according to the law N ° 045 8 October 2010, against racism and all forms of discrimination, without prejudice to the criminal actions that apply.
SOLE TRANSITIONAL PROVISION. For the purposes of implementing this law, all public and private institutions where identity data being disclosed must adapt its rules and internal procedures within the period of three (3) months Computable from the promulgation of this law.
FINAL PROVISIONS FIRST. This law is subjected to the provisions of the article 63 of the political Constitution of the State and law N ° 045 October 8, 2010, against racism and all forms of discrimination.
THE SECOND. The ownership of the acquired rights and legal obligations with natural or legal persons prior to the change of name, sex and image, fact persist with all its effects.
THIRD. The contracts, agreements or other legal instruments signed with individuals, prior to the change of name, sex and image data will not alter the ownership of rights and obligations, may be required in the administrative and/or judicial via.
-FOURTH. Any right or obligation contractual, personal, estate, family, estate or property or any privilege or right of a mortgagee or patrimonial security acquired before the change of identity of the person, remains current and valid between the parties. Refer to the Executive Body for constitutional purposes.
Two thousand and sixteen is given in the room sessions of the Assembly Legislative plurinational, on the twentieth day of the month of may of the year.
FDO. José Alberto Gonzales Samaniego, Lilly Gabriela MONTAÑO Viana, Eliana Mercier Herrera, Noemi Nativity Diaz Taborga, Mario Mita Daza, Ana Vidal Velasco.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, at twenty-one days of the month of may of the year two thousand and sixteen.
FDO. Alvaro GARCÍA LINERA, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Rene Gonzalo Orellana Halkyer Minister of planning, development and Foreign Affairs, Luis Alberto Arce Catacora, interim Luis Alberto Sánchez Fernández, Ana Veronica Morales Ramos Minister of productive development and PLURAL economy and acting of RURAL development and Lands, Milton clear Hinojosa, Felix Cesar Navarro Miranda, Virginia Velasco Condori , Jose Gonzalo Trigoso acute Minister of labour, employment and welfare SOCIAL E interim health, María Alexandra Moreira Lopez, Hugo Jose Siles Nuñez del Prado AUTONOMIES Minister and interim defence, Lenny Tatiana Valdivia Bautista, Marko Marcelo Machicao Bankovic Minister of culture and tourism E acting education, Marianela Paco Duran, Tito Rolando Montaño Rivera.