El interés superior del menor como criterio de resolución de las nuevas realidades legales que enfrentan la infancia y la adolescencia en Cataluña: la identidad (de género) a escena

Abstract

In recent times we are witnessing the emergence of new realities within the trans* collective, giving visibility to situations or circumstances that until a few years ago were completely invisible and absolutely silenced. This is the case, without going further, of the question of trans-sexuality in childhood and adolescence. It seems that we are living the initial moments of what is called to be a paradigm shift: the failure to understand the experience of trans children and adolescents as a pathology, as an identity disorder or problem, and to consider it as a set of constructions and choices of a very personal character, with heterogeneous, fluid and changing trajectories, to which the law should not turn away. It is for this reason that inthis article we analyse the social and legal context, both at the state level and regional, that surrounds the lives of children and adolescents trans* in Catalonia, with particular emphasis on those aspects that characterize their right to (gender) identity.