| Diana Sacayán–Lohana Berkins Law | |
|---|---|
| National Congress of Argentina | |
| |
| Citation | Law 27,636 |
| Territorial extent | Argentina |
| Enacted by | Chamber of Deputies |
| Enacted by | Senate |
| Effective | 16 July 2021[a] |
| Legislative history | |
| First chamber:Chamber of Deputies | |
| Passed | 11 June 2021 |
| Voting summary |
|
| Second chamber:Senate | |
| Passed | 24 June 2021 |
| Voting summary |
|
| Summary | |
| National public sectormust reserve at least 1% of its positions and vacancies fortrans people | |
| Status: In force | |
TheLaw to Promote Access to Formal Employment forTravestis, and Transsexual and Transgender People "Diana Sacayán–Lohana Berkins",[b] identified as theLaw 27,636,[c] is a law in Argentina that establishes that the national public sectormust reserve at least 1% of its positions and vacancies fortrans people, and encourages the private sector to take similar measures. It was passed by theArgentine Senate on 24 June 2021, and enacted on 8 July 2021, during the government ofAlberto Fernández. The law is named aftertrans activistsDiana Sacayán andLohana Berkins.[1][2]
The Diana Sacayán–Lohana Berkins Law is based on the decree 721/2020, signed by Fernández, which sought to guarantee the labour inclusion of trans people in the national public sector.[3]
Named aftertrans activistsDiana Sacayán andLohana Berkins,[4] the law is the unification of two bills: the "Lohana Berkins" Formal Labour Inclusion Law,[d] produced by the Liga LGBTIQ+ of theprovinces and the Convocatoria Federal Travesti Trans Argentina, and the "Diana Sacayán" Labour Quota Law,[e] produced by the Frente Orgullo y Lucha.[5]
Berkins, together with Josefina Fernández, carried out a survey on the living conditions oftravestis, which was published under the titleLa gesta del nombre propio.[4] This material was later expanded and published asLa revolución de las mariposas in 2017. These data made it possible to understand and make visible the living conditions of trans people, and many of them were contributed during the debates in theCongress.[6] Sacayán, for her part, had promoted the creation of theTravesti–Trans Labour Quota Law[f] in theprovince of Buenos Aires.[7]
The law was passed on 11 June 2021 by theChamber of Deputies with 207 votes in favour, 11 against, and 7 abstentions;[8] and on 24 June 2021 by theSenate with 55 votes in favour, 1 against, and 6 abstentions.[1] It was enacted on 8 July 2021,[2] andcame into effect on 16 July 2021.[a]