The Argentina New Law

By now many of you have heard or read about Argentina new law on gender rights.

Argentina gender rights law: A new world standard
Salon
By Michael Warren, Associated Press
May 10, 2012

BUENOS AIRES, Argentina (AP) — Activists say Argentina now leads the world in transgender rights after giving people the freedom to change their legal and physical gender identity simply because they want to, without having to undergo judicial, psychiatric and medical procedures beforehand.

The gender identity law that won congressional approval with a 55-0 Senate vote Wednesday night is the latest in a growing list of bold moves on social issues by the Argentine government, which also legalized gay marriage two years ago. These changes primarily affect minority groups, but they are fundamental, President Cristina Fernandez has said, for a democratic society still shaking off the human rights violations of the 1976-1983 dictatorship and the paternalism of the Roman Catholic Church.

But what hasn’t been reported is the actual law [Emphasis mine] …
(This was from http://www.lgbt.org.ar/archivos/1736...Augsburger.pdf and translated using Google Translate.)

LAW OF GENDER IDENTITY
Article 1: The objectives of this Act:
- To ensure the recognition of the dignity, uniqueness and own lives of transgender people: transsexuals, transvestites, transgender.
- Promote respect, protection and exercise of human rights of those discriminated against based on gender identity, transgender, transvestite, transgender.
- Promote the implementation of a specific state area for the care of trans people and promoting their
- Raise awareness of the right to non discrimination on grounds of gender identity.
- Guarantee the right to identity of people whose gender identity does not correspond with the sex and name with which they were enrolled at birth.
- Adjust the correction procedure for registration of sex and name change of a person when such registration is inconsistent with their gender identity.

Article 2: Believe in the field of Human Rights Secretariat of the Ministry of Justice and Human Rights, the Office for Gender Identity shall be:
- The creation of a field of counseling and support for trans people.
- The study and promotion of cross-cutting public policies in all areas of government for the integration and discrimination against people based on gender identity.
- The evaluation of applications for registration of sex correction and change of name.

Article 3: The Office shall have the following powers:
- Create a space for consultation and participation of NGOs representing gender diversity formed by the group of transsexuals, transvestites, transgender.
- Require advice to public and private institutions it deems appropriate.
- Make arrangements with universities.

Article 4: The Gender Identity Office will coordinate an interdisciplinary technical team made up of professionals who specialize in gender identity and diversity, for the purposes of assessing applications for registration of sex correction and change of name.

Article 5: The Office shall have the following obligations:
- Issue within 90 working days of receiving the request, administrative action to order the Civil Registry where he was seated the birth certificate, amendment registration of sex and name change of the applicant.
- Keep in all cases, subject to the identity of the applicant, unless required by law.
If the application is rejected, it shall issue a resolution duly founded.

Section 6: First order of rejection of the application or after 90 days without response, the applicant may operate through direct action before the Federal Administrative Litigation Chamber

Article 7: Any person may request the modification registration of sex and name change when gender identity is inconsistent with such registration.

When the case of persons under 18 years, will include provision for progressive principles of ability and interest of the child as stipulated in the Convention on the Rights of the Child and Law 26.061 of Comprehensive Protection of the Rights of Children and Adolescents .

Section 8: There are prerequisites to enter the correct registration of sex and name change, it is found:
- The existence of dissonance between sex and the name originally registered and self-perceived gender identity by the applicant.
- The stability and persistence of this dissonance.
The applicant may provide, for the purposes of that determination, all means of proof.
Not be required the above requirements when the person has made any sexual reassignment surgery.
Under no circumstances will require sex reassignment surgery to access the correct registration of sex and name change.

Article 9: Once ready the correct registration of sex and name change will correspond to the Civil Registry and / or capacity of the Persons of the jurisdiction where established birth certificate, issue new birth certificate proving the change with a reference to indicate the location of the previous round of correction.

Article 10: The original birth certificate prior to registration of sex correction and change of name, have access only those who demonstrate a legitimate interest, or in case of legal acts in the genetic sex must inevitably be considered.

Article 11: Obtaining the correct registration of sex and name change will force the person to request the issuance of a new national identity in the National Registry of Persons attesting to such changes, preserving the original number.

Article 12: The National Registry of Persons report the change of national identity to the National Registry of Recidivism and the Secretariat for Electoral Registry for the correction of electoral rolls, male or female.

Article 13: The correct registration of sex and agreed name change will not alter the ownership of rights and legal obligations that may correspond to the person prior to the recordation of the change registration.

Article 14: It is forbidden to advertise the correct registration of sex and name change of a person, except that mediates this special authorization.

Bypassing publication in the newspapers referred to the art. 17 of Law 18,248.

Article 15: The provinces and the Autonomous City of Buenos Aires made the necessary actions to the effect that their civil registries or similar offices giving effect to this Act

Article 16: Contact the Executive

This should be a model law for all nations. It is an amazing law it establishes so many rights for trans-people and sets humanistic guideline for transition that the government must follow. But what struck me most is the vote in the Senate 55-0 and in the Argentine Chamber of Deputies by a vote of 167-17!

Notice that you cannot just go in to demand surgery or hormones, but you follow established medical procedures. However, you do not need surgery or hormones to change your documentation.