Gender Identity Law

The Gender Identity Law (Spanish: Ley de identidad de género), Argentina's law number 26.743, allows transgender people to be treated according to their gender identity 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 in the region.

Gender Identity Law
Chamber of Deputies
CitationLaw No. 26.743
Territorial extentArgentina
Enacted byChamber of Deputies
Passed1 December 2011
Enacted bySenate
Passed9 May 2012
Enacted24 May 2012
Legislative history
Bill published on8 November 2011
Introduced by
Summary
Recognition of self-perceived gender identity in government documents and healthcare
Keywords
Gender identity, identity document, universal health care
Status: In force

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, 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,[1] and had been denounced by one of the mothers for the appropriation of her minor children.[2]

Beginning in 2007, a number of legislative proposals were promoted to guarantee travestis, transsexual, and transgender people rights to identity and comprehensive health care.[3][4][5] 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.[6] The first of these rulings pertained to the trans actress and vedette Florencia De La V, who received her reissued National Identity Document (DNI) from the hands of the Chief of the Cabinet of Ministers Aníbal Fernández and Interior Minister Florencio Randazzo in the House of Government.[7]

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, and Silvana Giudici,[8] and approved its dispatch for further processing.[9]

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.[10] It was promulgated by Decree No. 773/2012 of the National Executive Power on 24 May 2012[11] and carries number 26.743.[12] The law was regulated by Decree 1007/2012. The National Registry of Persons became the specialized unit for advice and assistance on matters within the scope of the law.

On 26 May, the Office of the United Nations High Commissioner for Human Rights issued a statement of congratulation for the law, saying "Argentina has taken an important step to guarantee equality, respect, and dignity for trans people."[11]

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.[13]

The law also grants access to hormonal treatments and total or partial surgical interventions for the purpose of transitioning. Hospitals must cover these as part of the Compulsory Medical Plan.[14]

See also

References
  1. "Mariela Muñoz". Página/12 (in Spanish). 29 June 2010. Retrieved 1 July 2019.
  2. "Mariela Muñoz, la transexual que instaló el tema en los 90" [Mariela Muñoz, the Transsexual Who Set the Theme in the 90s]. La Nación (in Spanish). 10 March 2010. Retrieved 1 July 2019.
  3. "Proyecto 1736-D-2009" (in Spanish). Argentine Chamber of Deputies. Retrieved 1 July 2019.
  4. "Proyecto 7643-D-2010" (in Spanish). Argentine Chamber of Deputies. Retrieved 1 July 2019.
  5. "Proyecto 7644-D-2010" (in Spanish). Argentine Chamber of Deputies. Retrieved 1 July 2019.
  6. Vallejos, Soledad (5 November 2010). "Amparos por la identidad de género". Página/12 (in Spanish). Retrieved 1 July 2019.
  7. "Un documento con su identidad" [A Document With Her Identity]. Página/12 (in Spanish). 14 December 2010. Retrieved 1 July 2019.
  8. "Media sanción al proyecto de identidad de género" [Halfway to Sanction of the Gender Identity Project]. La Nación (in Spanish). 30 November 2011. Retrieved 1 July 2019.
  9. Alvarez, Lucia (9 November 2011). "Despacho favorable para la ley de identidad de género" [Favorable Dispatch for the Gender Identity Law]. Tiempo Argentino (in Spanish). Archived from the original on 12 November 2011. Retrieved 1 July 2019.
  10. "Aprueban la Ley de Identidad de Género" [The Gender Identity Law Approved]. La Voz del Interior (in Spanish). Dyn, Télam. 9 May 2012. Retrieved 1 July 2019.
  11. "Elogio a la ley de identidad de género" [In Praise of the Gender Identity Law]. Página/12 (in Spanish). 26 May 2012. Retrieved 1 July 2019.
  12. "Identidad de Genero" [Gender Identity] (in Spanish). InfoLeg. Retrieved 1 July 2019.
  13. "Identidad de género" [Gender identity] (in Spanish). Ministry of Justice and Human Rights. Retrieved 1 July 2019.
  14. "Incorporaron al Plan Médico Obligatorio las cirugías de cambio de género" [Gender-Change Surgeries Added to the Compulsory Medical Plan] (in Spanish). TN. 29 May 2015. Retrieved 1 July 2019.
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