How the recognition of gender identity advanced in Argentina
A doctor who had practiced a genital realignment operation at the request of a female trans person, received a three-year suspended sentence for the crime of very serious injuries. The following year, Law 17,132 on the Practice of Medicine was enacted, which prohibits doctors from performing genital reassignment surgeriesunless there is judicial authorization.
The National Court of Appeals of the City of Buenos Aires recognized for the first time the right to gender identity of a transsexual woman that he had requested the change of name and registered sex.
The constitutional reform introduces the commitment to eliminate all forms of discrimination, based on international human rights treaties.
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In the new Constitution of Buenos Aires, the police edicts that punished with up to 30 days of arrest those who “exhibit themselves in the street with clothes of the opposite sex” are repealed.
First court ruling that orders the rectification of the DNI of a trans person who had previously undergone body adaptation surgery. The applicant was renowned trans activist Mariela Muñoz and the court, the Civil and Commercial First Instance Court No. 8 of Quilmes.
The Supreme Court of Justice of the Nation for the first time it recognizes the right to legal status for an association of the trans collective: the Association for the Struggle for Transvestite and Transsexual Identity (ALITT) presided over until her assassination by the activist Lohana Berkins.
In the same year, the principles on the application of international human rights law in relation to sexual orientation and gender identity or “Yogyakarta Principles” were proclaimed, the main input for Law 26,743.
The actress and host Florence of the V She became the first trans person to obtain the rectification of her DNI and birth certificate (regardless of a surgical intervention or psychiatric expertise, by virtue of a court ruling that so orders).
The amparo was presented accompanied by the Argentine Federation of Lesbians, Gays, Bisexuals and Trans (Falgbt) and the Association of Transvestites, Transsexuals and Transgenders of Argentina (Attta).
After the sanction of the Equal Marriage Law No. 26,618, on July 15, 2010, leaders of organizations for LGBTQ+ rights created the National Front for the Gender Identity Law with distinguished representatives such as Lohana Berkins, Diana Sacayán and Marlene Wayar.
The same year the Law of Mental health (No. 26,657), which establishes that “In no case can a diagnosis be made in the field of mental health on the exclusive basis of sexual choice or identity”.
The Gender Identity Law No. 26,743 is sanctioned, the first in the world that does not pathologize trans identities and allows access to the registration change through an administrative procedurewithout the need to accredit medical expertise, surgical interventions or hormonal treatments. In addition, it recognizes the right to comprehensive health.
Article 11 of the Gender Identity Law which is about the right of all people over 18 years of age to access total surgical interventions and comprehensive hormonal treatments. The adequacy of the body to the self-perceived gender identity began to count on the total coverage of social works, prepaid and in public hospitals.
Since his sanction, 12,655 people obtained their DNI according to self-perceived gender: 335 of them died. Currently, 26 out of every 100,000 inhabitants have a rectified identity document according to the norm that is 10 years old.
Through Decree 721/2020, the Trans Labor Quota which states that transvestites, transsexuals and transgender people must hold positions at least 1% of the total positions in the national public sector.
The following year, Congress passed Law No. 27,636, which establishes this same policy.
Through Decree 476/2021, the National Executive Power set the non-binary DNIthat is, the possibility that people can identify with a third option outside the binary (male-female) that will be registered with the letter “X”.