Reflections around Trans – Disability

Abstract

The topic under analysis undoubtedly raises ethical, social, and legal debates, which do not seem to reach a consensus and need to deepen analyses and proposals.  This document aims to offer initial reflections on transdisability in light of the social model of disability and a human rights focus. To this end, in the first part, the theoretical and practical implications of an approach or framework with a disability perspective and a focus on human rights are reviewed. In a second section, the triad is investigated: condition-situation and position in trans-disability, identifying the dimensions that shape it.   Then, in the third section, the possibility – or not – of considering trans-disability as a mental condition is questioned. The fourth section reflects on the tensions of the ableist ideology that governs our culture and society and how this permeates our vision. The fifth section delves into the relationships between transsexuality and trans-disability, from the possibility of considering the existence of similarities that can help to think about responses and proposals already worked on by another human group.  The sixth section develops reflections on trans-disability with identity traits, delving into outstanding disciplines that have fallen by the wayside since the same social model and which could nowadays indicate some ideas in this context. The eighth section quite briefly presents the possibility of considering trans-disability as an opportunistic device, resolving under general principles of law applicable in this and other matters. The ninth section intends to offer a practical exercise, consisting of thinking about some general principles when faced with trans-disability cases or self-perceived disability in access to justice. Finally, the last section draws on some conclusions, which aim to be a first approach to a topic that requires a social and legal debate in which its protagonists – trans-disabled people and people with disabilities – must have their voices.