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 tr ...

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 i ...

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 A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and so ...

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 A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

. 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 Mariela Muñoz (24 December 19435 May 2017) was an Argentine transgender rights activist and politician. She raised twenty-three children over the course of her life. In 1997, she became the first trans woman to be officially recognized by the ...

, 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 The term travesti () is used in Latin America—to designate people who were assigned male at birth, but develop a gender identity according to different expressions of femininity. Other terms have been invented and are used in South America in ...

'', 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 Argentine Justicialist Party politician, lawyer, and certified public accountant. Throughout his career, he has remained a close ally to the former Presidents Néstor Kirchner and Cristina ...

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 The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...

approved the draft law by 167 votes in favor, 17 against, and 7 abstentions. The Gender Identity Law was approved by the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

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

Office of the United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...

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. The law also grants access to hormonal treatments and total or partial surgical interventions for the purpose of transitioning, without the need of a previous

gender dysphoria Gender dysphoria (GD) is the distress a person experiences due to a mismatch between their gender identitytheir personal sense of their own genderand their sex assigned at birth. The diagnostic label gender identity disorder (GID) was used until ...

diagnosis or a referral letter from mental health professionals. Hospitals must cover these as part of the Compulsory Medical Plan.

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