Set The Right To Gender Identity.

Original Language Title: Establécese el derecho a la identidad de género de las personas.

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IDENTITY of gender identity of gender law 26.743 set is the right to the identity of gender of the people. Passed: May 9 2012 promulgated: May 23, 2012 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanction with force of law: article 1 °-right to the identity of gender. Every person has the right: to) the recognition of gender identity; (b) to the free development of his person according to their gender identity; (c) to be treated in accordance with their gender identity and, in particular, to be identified that way in the instruments that certify their identity with regard to the / name/s battery, image and sex with which there is registered.
Article 2 ° - definition. It means gender identity to the experience internal and individual of the genus as each person feels, which can correspond or not with the sex assigned at the time of the birth, including the personal experience of the body. This can involve the modification of the appearance or the function body through media pharmacological, surgical or of another nature, provided that this is freely chosen. It also includes other expressions of gender, such as clothing, mode of speaking and manners.
Article 3 º-exercise. Anyone may request registration rectification of sex, and the change of name of stack and image, when they do not coincide with their self-perceived gender identity.
Article 4º - requirements. Any person requesting registration rectification of sex, the name change of battery and image, in virtue of this law, must observe the following requirements: 1. establish the minimum age of eighteen (18) years of age, with the exception of the provisions of article 5 of this law. 2 submit to the national registry of persons or their corresponding sectional offices, a request stating to be protected by this law, requiring the registration rectification of birth and the national corresponding identity document, preserving the original number. 3 express new name chosen with which requests to register. In no event will be required to accredit surgery for genital reassignment, total or partial, or accredit hormonal therapies or other psychological or medical treatment. article 5 ° - people under age. With respect to persons under eighteen (18) years of age, the application of the procedure referred to in article 4 must be carried out through their legal representatives and with express agreement of the child, taking into account the principles of progressive capacity and best interests of the child in accordance with the provisions in the Convention on the rights of the child and the Law 26,061 of integral protection of the rights of girls children and adolescents. Also, the minor must have the assistance of the Attorney of the child provided for in article 27 of the Law 26,061. When from any cause refuses or unable to get the consent of any / to of the / as the minor's legal representatives, may have recourse to the streamlined way to which the / as for judges resolved, taking into account the principles of progressive capacity and best interests of the child in accordance with the provisions in the Convention on the rights of the child and the Law 26,061 of integral protection of the rights of girls children and adolescents.
Article 6 ° - procedure. Satisfying the requirements set out in articles 4 ° and 5 °, the / the public official shall, without any judicial or administrative proceedings, to notify ex officio correction of sex and change of name to the Civil Registry in the jurisdiction where the birth certificate was seated so appropriate to issue a new birth certificate by setting it to such changes , and to issue you a new document national of identity that reflects the rectification registry of the sex and the new name of battery. Prohibited any reference to this law in the corrected birth certificate and national identity document issued under it. For registration rectification procedures provided in this law are free, personal, and the intermediary of any Manager or a lawyer is not required.
Article 7 ° - effects. The effects of the rectification of the sex and the / name/s battery, made under this Act shall be opposable to third parties from the moment of its registration in the / the record/s. Registration rectification shall not alter the ownership of rights and legal obligations that could correspond to the person prior to the registration of the registry change, or from relations of family law in all its orders and degrees, which will remain unchangeable, including adoption. In all cases will be relevant to the number of national document of identity of the person, above the name of stack or morphological appearance of the person.
Article 8 ° - compliant registry correction this law, once realized, only may be again modified with judicial authorization.
Article 9 - confidentiality. Will only have access to original birth certificate who are authorised from the / the owner of the same or with a warrant in writing and founded. Not publicized registration rectification of sex and name change of battery in any case, unless of the / the owner of the data. Publication in the journals referred to in article 17 of the law 18.248 will be ignored.
ARTICLE 10. -Notifications. The Registro Nacional de las Personas inform change of identity to the national registry of recidivism, the Secretariat of the corresponding to the correction of the electoral roll Electoral Registration and agencies regulations determined, and must include those who may have information on existing precautionary measures on behalf of the person concerned.
ARTICLE 11. -Right to free personal development. All persons over the age of eighteen (18) years of age may, in accordance with article 1 of this law and to ensure the enjoyment of their overall health, access to surgical operations total and partial or comprehensive hormone treatments to fit your body, including your sexuality, gender identity self-perceived, without judicial or administrative authorization is required. For access to comprehensive hormone treatments, it will not be necessary to prove the will in total or partial genital reassignment surgery. In both cases is required, only the informed consent of the person. In the case of under age persons shall apply the principles and requirements set out in article 5 for the obtaining of informed consent. Notwithstanding this, in the case of obtaining the same with respect to partial or total surgical intervention there must be, in addition, with the agreement of 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 stipulated by the Convention on the rights of the child and the Law 26,061 of integral protection of the rights of girls children and adolescents. The judicial authority must be issued within a period not to exceed sixty (60) days from the request in accordance. The effectors of the public health system, whether State, private or social subsystem shall ensure permanent rights recognized by this law. All health benefits referred to in this article are included in the compulsory medical Plan, or which replaces it, as the implementing authority to regulate it.
ARTICLE 12. -Decent treatment. Gender identity adopted by people, especially by children and adolescents, who use a name other than the recorded on his national identity card must be respected. Your only requirement, adopted name must be used for citation, log, file, call and any other management or service, both in public and private settings. When the nature of management necessary to register the data on the national identity card, it will use a system that combines the initials of the name, the full surname, day and year of birth and document number and added the first name chosen for reasons of gender identity at the request of the person concerned. In those circumstances in which the person should be named in public the name of choice that respects adopted gender identity should only be used.
ARTICLE 13. -Application. Any rule, regulation or procedure must respect the human right to gender identity. Any rule, regulation or procedure may limit, restrict, exclude or suppress the exercise of the right to gender identity of persons, and must be interpreted and always applied the rules for access to the same.
ARTICLE 14. -Repeal subsection 4 ° of article 19 of the law 17.132.

Date of publication: 24/05/2012