Argentine Gender Identity Law
Argentine Gender Identity Law
Argentine Gender Identity Law – i am mostly (re-) posting this so as to remember to scrutinize it myself. The Argentine law passed two and a half years ago, is repeatedly invoked as a paradigm upon which to model LGBTI proposals for similar laws in other countries. Better i should know what i am beating the drum for …
English translation below by Alejandra Sardá–Chandiramani and Radhika Chandiramani (Translingua – Traducciones feministas multigenéricas, Cooperativa especializada entraducción de textos feministas y de derechos sexuales de y a inglés, francés, castellano y portugués. Email:email@example.com) provided by Global Action for Trans*Equality – GATE as posted by tgeu.org (Transgender Europe) in: tgeu.ort (Country Information), on: 12 Sep 2015, last viewed 07 Jun 2015. (Spanish language original text – click here).
English Translation of Argentina’s Gender Identity Law as approved by the Senate of Argentina on May 8, 2012
Gender Identity Law – Buenos Aires, November 30th.
Article 1 – Right to gender identity. All persons have the right,
a) To the recognition of their gender identity;
b) To the free development of their person according to their gender identity;
c) To be treated according to their gender identity and, particularly, to be identified in that way in the documents proving their identity in terms of the first name/s, image and sex recorded there.
Article 2 – Definition. Gender identity is understood as the internal and individual way in which gender is perceived by persons, that can correspond or not to the gender assigned at birth, including the personal experience of the body. This can involve modifying bodily appearance or functions through pharmacological, surgical or other means, provided it is freely chosen. It also includes other expressions of gender such as dress, ways of speaking and gestures.
Article 3 – Exercise. All persons can request that the recorded sex be amended, along with the changes in first name and image, whenever they do not correspond with the self-perceived gender identity.
Article 4 – Requirements. All persons requesting that their recorded sex be amended and their first name and images changed invoking the current law, must comply with the following requirements:
Prove that they have reached the minimum age of eighteen (18) years, with the exception established in Article 5 of the current law.
To submit to the National Bureau of Vital Statistics or their corresponding district offices, a request stating that they fall under the protection of the current law and requesting the amendment of their birth certificate in the records and a new national identity card, with the same number as the original one.
To provide the new first name with which they want to be registered.
In no case will it be needed to prove that a surgical procedure for total or partial genital reassignment, hormonal therapies or any other psychological or medical treatment has taken place.
Article 5 – Minors. In relation to those persons younger than eighteen (18) years old, the request for the procedure detailed in Article 4 must be made through their legal representatives and with explicit agreement by the minor, taking into account the evolving capacities and best interests of the child as expressed in the Convention on the Right of the Child and in Law 26061 for the Comprehensive Protection of the Rights of Girls, Boys and Adolescents. Likewise, the minor must be assisted by a children’s lawyer as prescribed by Article 27 of Law 26061.
When the consent of any of the minor’s legal representatives is denied or impossible to be obtained, it will be possible to resort to summary proceedings so the corresponding judges will decide, taking into account the evolving capacities and best interests of the child as expressed in the Convention on the Right of the Child and in Law 26061 for the Comprehensive Protection of the Rights of Girls, Boys and Adolescents.
Article 6 – Procedure. Once the requirements stated in Articles 4 and 5 are met, the public officer will proceed – without any additional legal or administrative procedure required – to notify the amendment of the sex and the change of first name to the Civil Register corresponding to the jurisdiction where the birth certificate was filed so it will issue a new birth certificate incorporating the said changes, and to issue a new national identity card reflecting the amended sex and the new first name as now recorded. Any reference to the current law in the amended birth certificate and in the new national identity document issued as a result of it is forbidden.
The procedures for amending the records as described in the current law are free, personal and do not require the intervention of any agent or lawyer.
Article 7 – Effects. The effects of the amendment of the sex and recording a new first name/s according to the current law will create rights against third parties since the record is first made.
The amendment in the records will not change the legal entitlements to rights and legal obligations that could have corresponded to the persons before the recording of the amendments, nor those derived from the relationships consecrated by family law at all levels and degrees, that will remain unchanged, including adoption.
In all cases, the number in the persons’ national identity document will be relevant over the first name or morphological appearance of the persons, for identification purposes.
Article 8 – The record amendments prescribed by the current law, once completed, can only be modified again with judicial authorization.
Article 9 – Confidentiality. Only those authorized by the document holder or provided with a written and well-founded judicial authorization can have access to the original birth certificate.
The amendment of the recorded sex and the change in first name will never be given to publicity, except with the authorization of the docuent holder. The publication in newspapers prescribed by Article 17 of the Law 18248 will be omitted in these cases.
Article 10 – Notifications. The National Bureau of Vital Statistics will provide information about the change of national identity document to the National Registry of Criminal Records, to the corresponding Electoral Registry for correction of electoral rolls and to other bodies as determined in the regulation of this law, including those that might have information on existing precautionary measures involving the interested party.
Article 11 – Right to free personal development. All persons older than eighteen (18) years, according to Article 1 of the current law and with the aim of ensuring the holistic enjoyment of their health, will be able to access total and partial surgical interventions and/or comprehensive hormonal treatments to adjust their bodies, including their genitalia, to their self-perceived gender identity, without requiring any judicial or administrative authorization.
There will be no need to prove the will to have a total or partial reassignment surgery in order to access comprehensive hormonal treatment. The only requirement will be, in both cases, informed consent by the individual concerned. In the case of minors, the informed consent will be obtained following the principles and requirements established in Article 5. Without prejudice to the former, when consent for total or partial surgical intervention is to be obtained, the competent judicial authorities for the jurisdiction must also express their agreement, taking into account the evolving capacities and best interests of the child as expressed in the Convention on the Right of the Child and in Law 26061 for the Comprehensive Protection of the Rights of Girls, Boys and Adolescents. Judicial authorities must express their views within sixty (60) days from the time they were required to provide their agreement.
Public health officials, be they from the state, private or trade union-run health insurance systems, must guarantee in an ongoing way the rights recognized by this law.All medical procedures contemplated in this article are included in the Compulsory Medical Plan (that is, they are not subjected to additional costs for those having private or trade union-run insurance plans), or in whatever system replaces it, as decided by the enforcing authority.
Article 12 – Dignified treatment. The gender identity adopted by the individual must be respected, particularly in the case of girls, boys and adolescents using a first name that is different from the one recorded in their national identity documents. Whenever requested by the individual, the adopted first name must be used for summoning, recording, filing, calling and any other procedure or service in public and private spaces.
When the nature of the procedure makes it necessary to register information in the national identity document, a system will be employed that combines the initials of the first name, the surname in full, date and year of birth, and the number of the document, adding the first name chosen by the individuals on the ground of their gender identity if so required by them.
In those circumstances in which the person must be named in public, only the chosen first name respecting the adopted gender identity will be used.
Article 13 – Enforcement. Every norm, regulation or procedure must respect the human right to gender identity. No norm, regulation or procedure must limit, restrict, exclude or annul the exercise of the right to gender identity, and all norms must always be interpreted and enforced in a manner that favors access to this right.
Article 14 – Section 4 of Article 19 in Law 17132 is repealed. (This 1967 law regulates the practice of Medicine, Dentistry and their auxiliary professions. The repealed section forbade doctors to carry on “surgical interventions modifying the sex of the sick person, unless they are performed after judicial authorization has been provided.”)
Article 15 – The passing of this law is to be communicated to the Executive Power.
Translated by Alejandra Sardá–Chandiramani and Radhika Chandiramani
Translingua – Traducciones feministas multigenéricas
provided by Global Action for Trans*Equality – GATE