From the Rainbow team, we want to talk to you about a crucial case that reaffirms the legal battle for respect for gender identity, even after death. The Superior Court of Justice of the Valencian Community (TSJCV) has issued a ruling that could set a significant precedent, by requiring the Generalitat to analyze whether a sanction can be applied for the burial of a trans woman, Daniela, using her former male name.
This event, which occurred in Aspe (Alicante), is not a simple administrative conflict over the management of cemeteries. It is an alleged violation of Daniela’s fundamental rights and an attack on the dignity of all members of the LGTBIQ+ community. The news, reported last December in the media, underlines that the fight for respect and equality is a long-distance race that, unfortunately, sometimes extends beyond our own existence.
The Decisive Role of Euphoria Trans Allied Families
The Euforia Familias Trans Aliadas association, an entity dedicated to the defense of trans rights, was the one who filed the appeal before the TSJCV.
Initially, the Generalitat had declined to initiate a sanctioning file, arguing that jurisdiction over cemeteries is municipal. However, the Valencian high court has corrected this view. It has ruled that, although funeral activities are a local responsibility, the substance of the matter is alleged discrimination based on gender. Therefore, the competence lies with the Ministry, specifically in the General Directorate in matters of non-discrimination. This is a legal key to the ruling: the LGTBI Law of the Valencian Community (Law 23/2018) must prevail to decide who is investigating the case.
The association’s lawyer, Saúl Castro, has highlighted the relevance of this pioneering resolution, which recognizes the legitimacy of Euforia to defend the rights of the LGTBIQ+ group in the contentious-administrative field. This recognition is a boost to the work of the entities that represent us.
A History of Reported Discrimination
The original complaint, filed in June 2023, targeted directly at Daniela’s adoptive parents and the Aspe City Council.
- Against relatives: For burying Daniela, identifying her with her male necronym (the name prior to her registration change) and decorating the tombstone with photographs prior to her transition. The association described these acts as an “attack on the dignity and memory” of Daniela.
- Against the City Council: For not ensuring the protection of the deceased woman’s right to non-discrimination, contravening its legal obligations to prevent discriminatory burials.
The lawyer Castro reminds us of a hard truth: “The legal system is based on the presumption that your family will always defend your rights, but what happens when it is your family members who do not respect these rights and you end up dying?” Without Euforia’s perseverance and resources, as he himself points out, “no one would have litigated for Daniela.”
What Implications does this Decision have?
The ruling of the TSJCV revokes the initial report of the Generalitat and orders the referral of the procedure to the competent body. This step forces the Valencian Administration to consider opening a sanctioning file. It does not impose a direct sanction, but it does force it to investigate in accordance with regional legislation.
Sources from the Ministry have confirmed that, after receiving the sentence in January, they are “reviewing the file and carrying out preparatory actions” to comply with the resolution, which implies opening a file to analyze and determine if there were indeed discriminatory acts.
We invite you to reflect: This case forces us to question the legal protection of our identity until the last moment. What mechanisms are necessary to ensure that the will and identity of a trans person are respected, especially when those who should protect them do not? How can society strengthen legislation to prevent discriminatory acts from transcending life?
Daniela’s case is a sad reminder that the fight for LGTBIQ+ rights is also a fight for memory and posthumous dignity.
