Abstract

In Spain, free gender self-determination has been recognized with the promulgation of Law 4/2023, of February 28. The objective of this text is to analyse what reasons have motivated this regulation and how well founded they are. Should we recognize gender self-determination? We conclude negatively, but for reasons other than those usually cited. To reach this conclusion, we review the legal and jurisprudential evolution of the matter (section 1), and analyse the main arguments offered in favour (section 2) and against (section 3) of this possibility. Finally, we suggest that the best option would be to include the mention of sex in its traditional conception and allow those who wish to also include their gender or gender identity.