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Right Identity Of Persons - Established - Full Text Of The Norm

Original Language Title: IDENTIDAD DE GENERO DERECHO DE LAS PERSONAS - ESTABLECESE - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Law 26,743

The right to gender identity of persons should be established.

Sanctioned: May 9, 2012

Promulgated: May 23, 2012

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 — Right to gender identity. Everyone has the right to:

(a) Recognition of their gender identity;

(b) To the free development of his person according to his gender identity;

(c) To be treated in accordance with their gender identity and, in particular, to be identified in that way in the instruments that credit their identity with respect to the name/s of pile, image and sex with which it is registered.

ARTICLE 2° — Definition. It is understood by gender identity to the internal and individual experience of the gender as each person feels it, which may correspond or not to the sex assigned at the time of birth, including the personal experience of the body. This may involve modification of appearance or body function through pharmacological, surgical or other means, provided that this is freely chosen. It also includes other expressions of gender, such as clothing, speech and manners.

ARTICLE 3o — Exercise. Every person may request the registration of sex, and the change in the name of a stack and image, when they do not match his or her self-perceived gender identity.

ARTICLE 4o — Requirements. Any person applying for the registration of sex, the change in the name of battery and image, under this law, shall observe the following requirements:

1. Accredit the minimum age of eighteen (18) years of age, except as set out in article 5 of this law.

2. To submit to the National Register of Persons or their corresponding sectional offices, a request stating that it is protected by this law, requiring the correcting of the birth certificate and the corresponding new national identity document, keeping the original number.

3. Express the new chosen stack name with which you request to register.

In no case will it be necessary to certify surgical intervention by total or partial genital reassignment, or to certify hormonal therapies or other psychological or medical treatment.

ARTICLE 5° — Minors. With regard to persons under the age of eighteen (18) the application for the procedure referred to in article 4 shall be made through their legal representatives and with express consent of the minor, taking into account the principles of progressive capacity and best interests of the child in accordance with the provisions of the Convention on the Rights of the Child and the Law 26.061 on the comprehensive protection of the rights of children and adolescents. The minor must also be assisted by the child ' s counsel under article 27 of Act 26.061.

Where the consent of any minor ' s legal representatives is denied or impossible for any reason, it may be resorted to in-depth avenues for the relevant judges to settle, taking into account the principles of progressive capacity and best interests of the child in accordance with the provisions of the Convention on the Rights of the Child and the Law 26.061 on the Comprehensive Protection of the Rights of Children and Adolescents.

ARTICLE 6° — Transmit. Pursuant to the requirements set out in articles 4 and 5, the public official shall, without the need for any judicial or administrative proceedings, notify the rectification of sex and change of a battery name to the Civil Registry of the jurisdiction where the birth certificate was established to proceed with the issuance of a new birth certificate according to the changes, and the issuance of a new national identity document reflecting the new registration name of the sex. Any reference to this law is prohibited in the right birth certificate and in the national identity document issued by it.

The procedures for the rectification of registration provided for in this Act are free, personal and the intermediation of any manager or lawyer will not be necessary.

ARTICLE 7° — Effects. The effects of the rectification of sex and/or the name/s of the stack, carried out under this law, shall be effective against third parties from the time of registration in the registry/s.

Record rectification shall not alter the ownership of the rights and legal obligations that may correspond to the person prior to registration of the registration change, nor those arising from the relations proper to the family law in all orders and degrees, which shall remain immodifiable, including adoption.

In all cases the number of a national identity document of the person will be relevant, by the name of a pile or morphological appearance of the person.

ARTICLE 8° — Recruitment in accordance with this law, once it is done, may only be amended with judicial authorization.

ARTICLE 9° — Confidentiality. They will only have access to the original birth certificate, which is authorized by the holder of the birth certificate or with a written and substantiated court order.

No publicity will be given to the registration of sex and the change in the name of a stack in any case, except the authorization of the data holder. The publication in the journals referred to in article 17 of Law 18,248 shall be omitted.

ARTICLE 10. - Notifications. The National Register of Persons shall report the change of national identity document to the National Registry of Resettlement, to the Secretariat of the corresponding Electoral Register for the correction of the electoral register and to the agencies that are determined by regulation, and those that may have information on precautionary measures available on behalf of the person concerned should be included.

ARTICLE 11. - Right to free personal development. All persons aged eighteen (18) years may, in accordance with article 1 of this law and in order to guarantee the enjoyment of their integral health, access to total and partial surgical interventions and/or comprehensive hormonal treatments to adapt their body, including their genitality, to their self-perceived gender identity, without the need for judicial or administrative authorization.

For access to comprehensive hormonal treatments, it will not be necessary to establish the will in the surgical intervention of total or partial genital reassignment. In both cases the person ' s informed consent will be required only. In the case of minors, they shall govern the principles and requirements set out in Article 5 for obtaining informed consent. Without prejudice to this, in order to obtain the same in respect of the total or partial surgical intervention, it must also be provided in accordance with the competent judicial authority of each jurisdiction, who shall ensure the principles of progressive capacity and best interests of the child in accordance with the provisions of the Convention on the Rights of the Child and the Law 26.061 on the comprehensive protection of the rights of children and adolescents. The judicial authority shall be issued within a period not exceeding sixty (60) days from the application in accordance.

The effects of the public health system, whether state, private or the social works subsystem, must permanently guarantee the rights recognized by this law.

All health benefits provided for in this article are included in the Compulsory Medical Plan, or replaced by it, as required by the implementing authority.

ARTICLE 12. - Decent treatment. The gender identity adopted by persons, especially girls, boys and adolescents, who use a name other than that contained in their national identity document, should be respected. In its sole requirement, the adopted battery name must be used for citation, registration, lizard, call and any other management or service, both in public and private spheres.

When the nature of the management makes it necessary to register the data in the national identity document, a system that combines the initials of the name, the full name, day and year of birth and document number will be used and the name of the stack chosen for reasons of gender identity will be added at the request of the data subject.

Under the circumstances in which the person is to be appointed in public, only the first name of choice that respects the adopted gender identity shall be used.

ARTICLE 13. - Application. Any rule, regulation or procedure shall respect the human right to the gender identity of persons. No rule, regulation or procedure may limit, restrict, exclude or suppress the exercise of the right to gender identity of persons, and the rules must always be interpreted and applied in favour of access to it.

ARTICLE 14. - Refer to article 19, paragraph 4, of Law 17.132.

ARTICLE 15. - Contact the National Executive.


# 26,743 #

LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.