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law no 807 law of 21 MAY 2016
ALVARO GARCÍA LINERA PRESIDENT IN THE EXERCISE OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has sanctioned the following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
DECRETA:
GENDER IDENTITY LAW
Article 1. (OBJECT). This Law is intended to establish the procedure for the change of its own name, sex and image of transgender and transgender persons in all public and private documentation related to their identity, enabling them to fully exercise the right to gender identity.
Article 2. (CONSTITUTIONAL FRAMEWORK). In the framework of Paragraph II of Article 14 of the Constitution of the State, everyone has the right to be recognized according to their gender identity.
Article 3. (DEFINITIONS). For the purposes of this Law, it is understood by:
Gender. It is the social construction of roles, behaviors, uses, ideas, clothing, practices or cultural characteristics and other customs for man and woman.
Gender Identity. It is the individual experience of gender as each person feels it, lives it and exercises it before society, which may or may not correspond to the sex assigned to the moment of birth. It includes the personal experience of the body that may involve the modification of the body appearance freely chosen, by medical, surgical or other means.
Sex. Biological, organic and genetic condition that distinguishes women from men.
Sex Date. Difference between female or male enrolled as female or male in public or private identity registration documents, which may or may not do not match sex at birth.
Transsexual. People who feel as belonging to the gender opposite to the one assigned to them at birth and who
opt for a medical intervention to match their physical appearance? biological to your psychic and social reality.
Transgender. Man or woman whose gender identity does not correspond to their sex assigned to the moment of birth, without this involving medical intervention of bodily modification.
Article 4. (SCOPE AND SCOPE).
I. The scope of this Law is applicable throughout the national territory to transgender and transgender persons, unmarried, divorced or widowed, over eighteen (18) years of age. II. The change of its own name, sex and image data will be reversible once, after which this data cannot be modified again. In case of reversion it is returned to the name, data of sex and initial image. Article 5. (GUARANTEED)
The State guarantees transgender and transgender people, the following: The free development of their person according to their gender identity. Non-discrimination and the right to compensation or fair and adequate satisfaction 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 that way both in public and private life. Respect for their psychological, physical and sexual integrity. The exercise of their physical autonomy, related to the freedom and ability of a person to modify their body image or not.
The exercise of their rights and compliance with obligations arising from the family bond of descendants, Ancestors, former spouses and related persons previously acquired in the change of gender identity, such as the provisions on custody, parental authority, family assistance, travel authorizations, among others.
Article 6. (PRINCIPLES). This Law is governed by the following principles:
Equality. All human beings are born free and equal in dignity and right. Equity. Eliminating inequality gaps for the full exercise of the freedoms and rights of the
transgender and transgender persons, provided for in the Constitution of the State, international regulations on human rights Human and national laws.
Protection. Transgender and transgender persons have the right to protection against all forms of
discrimination, in an effective and timely manner in administrative and/or jurisdictional headquarters, involving a fair and adequate repair or satisfaction by any damage suffered as a result of the discriminatory act.
Good Faith. It is trust, cooperation and loyalty in the performance of public servants and servants, citizens and citizens, so they are presumed to be valid and legitimate evidence and statements submitted by the person concerned.
celerity. Comprises the timely and undilated exercise in the administration of the process for the change of
own name, sex data and image of transgender and transgender people.
Respect for Diversity. Coexistence and interaction on a level playing field between different cultures, ethnic groups, gender identity and sexual orientation.
Confidentiality. Ensure that the information is accessible only to the interested person, interested, to the staff
authorized by the rule or to the one requested by the Judicial Order and/or Tax Requirement.
Decent Treatment. Respectful attitude, in equal conditions, related to honor, honor, own image and dignity.
Article 7. (COMPETENT AUTHORITY). The Civic Registry Service (SERECI), which is a subsidiary of the Supreme Electoral Tribunal, is constituted by the competent authority at the national level, for the registration of the change of its own name, data of sex and image to transgender and transgender persons, in the framework of this Law and the specific regulations implementing the Civic Registry Service, for these cases.
Article 8. (REQUIREMENTS).
I. To request the change of your own name, gender and image data, the applicant or the applicant must submit to the SERECI, the following requirements:
Your own name change request letter, gender and image data, manifesting your own name and initially registered sex data, and your chosen new name and gender data.
Psychological technical exam that shows you the person knows and voluntarily assumes the implications of your
decision.
Original and computerized birth certificate issued by the SERECI, which accredits the age majority.
Certification of people data issued by the General Personal Identification Service (SEGIP) without
observation.
Certificate of civil status issued by the SERECI.
Certificate of descent issued by the SERECI.
Criminal History Judicial Registry (REJAP) certificate, in order to inform about the change made to the competent judicial authority in case of any ongoing process.
Updated photo of the image that corresponds to the new identity.
II. The SERECI and SEGIP certifications submitted, must be matched in the name, surname, date of birth, place of birth, and if applicable, data of the parents and parentage. Data correspondence only refers to those specific to the interested or interested.
Article 9. (PROCEDURE).
I. The change in its own name, gender and image data will be of initiative and voluntary decision and personnel of the or the owner of the same.
II. Everyone who requests the change of their own name, sex and image data must present to the Departmental Directorate of the corresponding SERECI, Regional Directorates or SERECI Delegations that the Supreme Electoral Tribunal has, the requirements laid down in Article 8 of this Law, in a personal manner. In the case of Bolivian or Bolivian residents residing abroad, the procedure can be performed through a proxy by means of a specific power, in which case the process of the fingerprint assessment defined by the SERECI will be carried out.
III. Once the requirements are verified, the SERECI's Departmental Director will have a period of fifteen (15) calendar days to be made available from the receipt of the request, to issue Administrative Resolution authorizing the change with the new own name and sex data in the birth certificate and the extension of a new birth certificate of the applicant or the applicant. To that end, the SERECI shall record in its records the change made.
IV. In the event of non-compliance in the submission of any requirement, the SERECI shall notify the interested party or the interested party to the Secretariat of the (i) subhealing. Once the requirement has been remedied, the SERECI will issue the corresponding Resolution.
V. Within fifteen (15) calendar days of the issuance of the Administrative Resolution, the SERECI will notify its own initiative, the change of its own name, data of sex and image to the following institutions:
Service Personal Identification? SEGIP;
Financial System Monitoring Authority? ASFI;
Migration Directorate General? DIGEMIG;
National Tax Service? WITHOUT;
Actual Rights;
Criminal Background Judicial Record? REJAP;
National Police Background Record System? SINARAP, of the Bolivian Police (FELCC, FELCN and FELCV);
General Directorate of Prison Regime;
Comptroller General of State? CGE;
Ministry of Education;
Ministry of Defense;
Public Health Boxes;
National Delivery System Service? SENASIR;
Pension, Securities and Insurance Authority? APS;
Other than the SERECI or the applicant considers necessary.
VI. The institutions mentioned in the preceding paragraph shall make the change of their own name and sex data on their own initiative within a period of no more than 15 years. (15) business days from its notification, and may, through the Maximum Executive Authority, ask for clarification of the procedure; the deadline may only be exceeded in a substantiated manner when the processing requires the physical presence, up-to-date photo and fingerprint effects. Within thirty (30) days of the notification with the Administrative Resolution, the SEGIP shall inform the SERECI of the results of the update of the Identity Cedula.
VII. The change of its own name and data of sex in the birth certificates of their descendants and of marriage or free union with their former spouses, shall be recorded only in clear or marginal notes of each consignment, without recording the change of their own name and data of sex in the corresponding certificates, or in the family book.
VIII. No institution or authority may require judicial resolution, or any other requirement for recognition and registration of the change of gender identity, under responsibility.
Article 10. (CONFIDENTIALITY).
I. The administrative process of changing its own name, gender and image data is confidential.
II. The documents referred to in Article 8 of this Law presented as requirements and the Administrative Resolution may not be displayed, nor can any testimony, certification, simple or legal copy be provided to third parties. persons, unless there is a Judicial Order or Tax Requirement.
Article 11. (EFFECTS).
I. All public and private institutions, at the request of the applicant and the presentation of a certificate of birth or identity card resulting from the Administrative Resolution, must make the change of their own name, sex and image, in all documents issued in which there is an identity record of the holder or the holder, keeping the other data recorded in its documentation, surnames and personal identification number.
II. proper name, sex and image data, will allow the person to exercise all the fundamental, political, labor, civil, economic and social rights, as well as the obligations inherent in the assumed gender identity.
III. The ownership of the person who changed their own name, gender 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 children of minors of the age of the persons who made the change of their own name, data of sex and image, will proceed with the presentation of the certificate of birth or identity card to the institutions
Article 12. (BANS).
I. The use of documents that indicate the identity prior to the change of its own name, data of sex and image in public or private procedures and in any other legal act shall be prohibited, shall be constituted as a crime against the public faith, and may be sanctioned by the civil and/or administrative route. This prohibition is excepted in the case of enforceable judgments, firm administrative acts, ongoing judicial and administrative proceedings.
II. Who insults, denigrates or humiliates transgender or transgender persons, By expressing hatred, exclusion or restriction, it shall be sanctioned in accordance with the provisions of Law No 045 of 8 October 2010, Against Racism and All Forms of Discrimination, without prejudice to the corresponding criminal actions.
TRANSIENT DISPOSITION
ONLY. For the purpose of implementing this Law, all public and private institutions where identity data are entered must conform their internal rules and procedures within three (3) months of the enactment of the This Act.
FINAL PROVISIONS
FIRST. This Law is subject to the provisions of Article 63 of the Political Constitution of the State and Law No. 045 of 8 October 2010, Against Racism and All Forms of Discrimination.
SECOND. The ownership of the acquired rights and legal obligations contracted with natural or legal persons, prior to the change of their own name, data of sex and image, persist with all its effects.
THIRD. conventions or other legal instruments subscribed to by individuals, prior to the change of their own name, data of sex and image, will not alter the ownership of the rights and obligations, being enforceable in the administrative and/or judicial way.
FOURTH. Any right or contractual obligation, personal, patrimonial, family, succession or property or any
privilege or right of a mortgage creditor or property guarantee acquired prior to the person's change of identity, remains in place and valid between the parties. Refer to the Executive Body for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, on the twentieth day of May of the year two thousand sixteen.
Fdo. José Alberto Gonzales Samaniego, Lilly Gabriela Montano Viana , Eliana Mercier Herrera, Noemi Natividad Díaz Taborga, Mario Mita Daza, Ana Vidal Velasco.
Therefore, it is enacted so that it has and complies with the Law of the Plurinational State.
Palace of Government of the city of La Paz, at twenty-one day of the month of May of the year two thousand sixteen.
FDO. ALVARO GARCIA LINERA, Juan Ramon Quintana Taborga, Carlos Gustavo Romero Bonifaz, Rene Gonzalo Orellana Halkyer MINISTER OF DEVELOPMENT PLANNING AND ACTING FOREIGN RELATIONS, Luis Alberto Arce Catacora, Luis Alberto Sanchez Fernandez, Ana Veronica Ramos Morales MINISTER OF PRODUCTIVE DEVELOPMENT AND PLURAL AND INTERIM ECONOMY OF RURAL DEVELOPMENT AND LAND, Milton Claros Hinojosa, Felix Cesar Navarro Miranda, Virginia Velasco Condori, José Gonzalo Trigoso Acute MINISTER OF LABOR, EMPLOYMENT AND SOCIAL AND INTERIM HEALTH FORECAST, María Alexandra Moreira López, Hugo José Siles Núñez del Prado MINISTER DE AUTONOMIAS E INTERIM DE DEFENSA, Lenny Tatiana Valdivia Bautista, Marko Marcelo Machicao Bankovic MINISTER OF CULTURES AND TOURISM AND INTERIM EDUCATION, Marianela Paco Duran, Tito Rolando Montano Rivera.
