The Gender Identity Law ( es, Ley de identidad de género, links=no), Argentina's law number 26.743, allows
transgender
A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
people to be treated according to their
gender identity
Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
and have their personal documents registered with the corresponding name and gender. In addition, it orders that all medical treatments for
transitioning be included in the Compulsory Medical Program, which guarantees coverage by practices throughout the health system, both public and private. Approved by the Senate on 9 May 2012 and promulgated on 24 May, it has been lauded by the United Nations as a pioneering step for
transgender rights
A transgender person is someone whose gender identity is inconsistent or not culturally associated with the sex they were assigned at birth and also with the gender role that is associated with that sex. They may have, or may intend to establi ...
in the region.
History
Background
The most remote antecedent regarding the question of gender identity in Argentina dates back to 1966, in which a doctor performed a
sex reassignment operation on a
trans woman patient. He received a suspended sentence of three years for the crime of very serious injuries under Article 91 of the country's
Penal Code.
In 1989, Judge Mario Calatayud of Room F of the National Chamber of Civil Appeals of
Buenos Aires
Buenos Aires ( or ; ), officially the Autonomous City of Buenos Aires ( es, link=no, Ciudad Autónoma de Buenos Aires), is the capital and primate city of Argentina. The city is located on the western shore of the Río de la Plata, on South ...
, in dissent with the presiding majority, granted the first recognition of the gender identity of a trans woman who had requested a change to her registered name and sex. In 1997, a case emerged that captivated the mass media. It was that of a trans woman,
Mariela Muñoz, who had raised a large number of children as her own, and had been denounced by one of the mothers for the appropriation of her minor children.
Beginning in 2007, a number of legislative proposals were promoted to guarantee ''
travestis'', transsexual, and transgender people rights to identity and comprehensive health care. Using a strategy almost identical to that with which approval of the
same-sex marriage law was achieved, several ''
amparo'' cases were brought before the Tribunals in Contentious Administrative and Tax Matters of the City of Buenos Aires with the purpose of ordering modifications to the registered name and sex of trans individuals. The first of these rulings pertained to the trans actress and vedette
Florencia De La V
Florencia Trinidad (born 2 March 1975), better known by her stage name Flor de la V, is an Argentine actress, television personality, comedian and vedette. As producer Gerardo Sofovich's protégée, who discovered her in a 1998 revue in Buenos ...
, who received her reissued
National Identity Document (DNI) from the hands of the Chief of the Cabinet of Ministers
Aníbal Fernández
Aníbal Domingo Fernández (born January 9, 1957) is an Argentina, Argentine Justicialist Party politician, lawyer, and certified public accountant. Throughout his career, he has remained a close ally to the former President of Argentina, Preside ...
and Interior Minister
Florencio Randazzo
Aníbal Florencio Randazzo (born 1 March 1964) in an Argentine Justicialist Party politician. He was Minister of the Interior and Transport during the presidency of Cristina Fernández de Kirchner, from 2007 to 2015. An ally of Kirchner's during ...
in the House of Government.
Processing of the law
On 8 November 2011, the author and the General Legislation and Justice Commissions of the National Congress discussed the bill presented by deputies
Diana Conti,
Juliana Di Tullio
Juliana Di Tullio (born 22 October 1971) is an Argentine psychologist and politician. A member of the Justicialist Party, Di Tullio served three terms as National Deputy representing Buenos Aires Province, from 2005 to 2017. From 2013 to 2015, d ...
, and , and approved its dispatch for further processing.
On 1 December 2011 the
Chamber of Deputies approved the draft law by 167 votes in favor, 17 against, and 7 abstentions. The Gender Identity Law was approved by the
Senate on 9 May 2012, by 55 votes in favor and one abstention. It was promulgated by Decree No. 773/2012 of the National Executive Power on 24 May 2012
and carries number 26.743. The law was regulated by Decree 1007/2012. The became the specialized unit for advice and assistance on matters within the scope of the law.
On 26 May, the
issued a statement of congratulation for the law, saying "Argentina has taken an important step to guarantee equality, respect, and dignity for trans people."
[
]
Rights recognized
The Gender Identity Law allows a person to modify their personal data in the National Registry and to change their registered name, image, and sex by submitting a letter. The DNI number is not modified. This process is free and does not require a lawyer.
See also
* Transgender rights in Argentina
Transgender and travesti rights in Argentina have been lauded by many as some of the world's most progressive. The country "has one of the world's most comprehensive transgender rights laws": its Gender Identity Law, passed in 2012, made Argentin ...
References
External links
Law No. 26.743
at the Ministry of Justice and Human Rights {{in lang, es
2012 in law
Argentine legislation
Transgender law
Transgender rights in Argentina