Post by account_disabled on Mar 4, 2024 22:46:31 GMT -6
Leaving aside the controversy, and dealing with it from a strictly legal point of view, the truth is that the application of the merited regulatory text, as far as the registry change is concerned, can cause an obvious fraud of law that the Administration must avoid, and to do so, the adoption of protocols or measures aimed at this is unavoidable.
Let's think about selective procedures , the case of an applicant who, for example, attends a law enforcement examination as a man, and during it, processes the registration change of sex, and continues as a woman. In this case, nothing would prevent her from taking the physical tests as a woman, and obtaining a better result, taking advantage of her greater physical strength and resistance .
Once the process is completed, you can rectify Fax Lists the registration change, as long as at least six months have passed since the change was registered. The law regulates it in article 47 as reversibility of the rectification of the registration mention, following the same procedure indicated for the change.
There is a risk that there may be fraud in the law when applying the registration change of sex in the middle of processes such as oppositions to law enforcement. (Photo: Barcelona City Council)
The case raised would constitute what in the legal field, including the administrative route , is known as “ fraus legis ” or “fraud of law.” Now, can we trust that all these cases can be prosecuted, especially when medical reports are not necessary for sex change? Or is it necessary to establish measures in advance to avoid a tortuous application of the law? In our opinion, we clearly advocate previously establishing action protocols that, without perverting the principle of normative hierarchy, try to repel this type of situations contrary to law.
Let's think about selective procedures , the case of an applicant who, for example, attends a law enforcement examination as a man, and during it, processes the registration change of sex, and continues as a woman. In this case, nothing would prevent her from taking the physical tests as a woman, and obtaining a better result, taking advantage of her greater physical strength and resistance .
Once the process is completed, you can rectify Fax Lists the registration change, as long as at least six months have passed since the change was registered. The law regulates it in article 47 as reversibility of the rectification of the registration mention, following the same procedure indicated for the change.
There is a risk that there may be fraud in the law when applying the registration change of sex in the middle of processes such as oppositions to law enforcement. (Photo: Barcelona City Council)
The case raised would constitute what in the legal field, including the administrative route , is known as “ fraus legis ” or “fraud of law.” Now, can we trust that all these cases can be prosecuted, especially when medical reports are not necessary for sex change? Or is it necessary to establish measures in advance to avoid a tortuous application of the law? In our opinion, we clearly advocate previously establishing action protocols that, without perverting the principle of normative hierarchy, try to repel this type of situations contrary to law.