| Gender Identity Law | |
|---|---|
| National Congress of Argentina | |
| Citation | Law 26,743 |
| Territorial extent | Argentina |
| Passed by | Chamber of Deputies |
| Passed | 1 December 2011 |
| Passed by | Senate |
| Passed | 9 May 2012 |
| Enacted | 24 May 2012 |
| Effective | 1 June 2012[a] |
| Legislative history | |
| First chamber:Chamber of Deputies | |
| Introduced by | |
| Introduced | 8 November 2011 |
| Summary | |
| Recognition of self-perceivedgender identity in government documents and healthcare | |
| Keywords | |
| Status: In force | |
TheGender Identity Law (Spanish:Ley de identidad de género), Argentina's law number 26,743, allowstransgender people to be treated according to theirgender identity and have their personal documents registered with the corresponding name and gender. In addition, it orders that all medical treatments fortransitioning be included in the Compulsory Medical Program, which guarantees coverage by practices throughout the health system, both public and private. Approved by theSenate on 9 May 2012 and promulgated on 24 May, it has been lauded by theUnited Nations as a pioneering step fortransgender rights in the region.
The most remote antecedent regarding the question of gender identity in Argentina dates back to 1966, in which a doctor performed asex reassignment operation on atrans woman patient. He received a suspended sentence of three years for the crime of very serious injuries under Article 91 of the country'sPenal Code.
In 1989, Judge Mario Calatayud of Room F of the National Chamber of Civil Appeals ofBuenos 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,[2] and had been denounced by one of the mothers for the appropriation of her minor children.[3]
Beginning in 2007, a number of legislative proposals were promoted to guaranteetravestis, transsexual, and transgender people rights to identity and comprehensive health care.[4][5][6] Using a strategy almost identical to that with which approval of thesame-sex marriage law was achieved, severalamparo 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.[7] The first of these rulings pertained to the trans actress and vedetteFlorencia De La V, who received her reissuedNational Identity Document (DNI) from the hands of the Chief of the Cabinet of MinistersAníbal Fernández and Interior MinisterFlorencio Randazzo in the House of Government.[8]
On 8 November 2011, the author and the General Legislation and Justice Commissions of the National Congress discussed the bill presented by deputiesDiana Conti,Juliana Di Tullio, andSilvana Giudici [es],[9] and approved its dispatch for further processing.[10]
On 1 December 2011 theChamber of Deputies approved the draft law by 167 votes in favor, 17 against, and 7 abstentions. The Gender Identity Law was approved by theSenate on 9 May 2012, by 55 votes in favor and one abstention.[11] It was promulgated by Decree No. 773/2012 of the National Executive Power on 24 May 2012[12] and carries number 26.743.[13] The law was regulated by Decree 1007/2012. TheNational Registry of Persons [es] became the specialized unit for advice and assistance on matters within the scope of the law.
On 26 May, theOffice 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."[12]
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.[14]
The law also grants access tohormonal treatments and total or partial surgical interventions for the purpose oftransitioning, without the need of a previousgender dysphoria diagnosis or a referral letter from mental health professionals.[14] Hospitals must cover these as part of the Compulsory Medical Plan.[15]