“Between the ideal and the possible, let’s go for the possible because we are getting closer to the ideal every day. And the ideal will be when all of us, we are all, and no one cares about the sex of the people, “said President Alberto Fernández, at the presentation of the new DNI that recognize the non-binary identities. During the event, he gave the first three non-binaries. From now on, to the male and female options, the possibility of choosing is added an X. In this way, Argentina becomes the first country in the region in the expansion and recognition of this right. The change – which also applies to the Passport – was established in the Presidential Decree No. 476/21, which was published this Wednesday in the Official Gazette. “For the purposes of this decree, the nomenclature “X” in the “sex” field, it will include the following meanings: non-binary, indeterminate, unspecified, indefinite, not informed, self-perceived, not recorded; or another meaning with which it could be identified the person who does not feel included in the masculine / feminine binomial”, Says article 4.
The presentation was made at the Bicentennial Museum. The president was accompanied by the Minister of the Interior, Wado de Pedro, and the Minister of Women, Gender and Diversity, Elizabeth Gómez Alcorta. Among the guests, in addition to the Secretary of Legal and Technical Vilma Ibarra, the head of INADI Victoria Donda, and the president of AYSA, Malena Galmarini, they applauded the measure by militants and activists of the LGBTTIQ + collective.
“We have to open our heads. There are other identities besides man and woman that always existed but were previously hidden. Not speaking of that, we take happiness away from millions of people. You find a thousand ways to love and be loved and you have to respect it ”, highlighted Alberto Fernández.
One of the people who received his new non-binary ID, Valentine Ax, from La Plata, raised his objections to the measure in front of the president and the ministers: he opened his shirt and showed a T-shirt with the legend “We are not X”, while expressing – in a shout – his position. He is part of the Non-Binary Assembly of Buenos Aires and studies Systems Engineering at the National Technological University.
Later, during his speech, Alberto Fernández replied:
“I heard someone’s complaint. The x is an international convention that allows us to expand rights to recognize a non-binary category. We should not deny this ”.
He also received his new DNI le medicique de Mendoza Gerónimo Carolina González Devesa, 35, who in November 2018 became the first person in the country to achieve – through an administrative procedure – the issuance of his birth certificate without registration of sex. “I’m very excited,” he told Page 12 Caro Gero, as her friends tell her, who arrived in Buenos Aires with her lawyer Eleonora Lamm, a doctor in Law and Bioethics to participate in the event. “We started the fight with Ele three years ago trying to get a DNI with my self-perceived identity, outside the gender binomial. We made the rectification of the game and started the DNI process but it remained there. I’ve been without a DNI for three years, ”said the doctor who works in the Sexual and Reproductive Health program in the city of San Martin, in the province of Mendoza.
The third person to whom the president gave the new DNI was Shanik Lucián Sosa Battisti, who lives in Tierra del Fuego, and is 27 years old. In 2019, he achieved a historic ruling in that province: Justice granted his protection for discrimination and ordered the Civil Registry of Tierra del Fuego to prepare a new DNI where, in addition to the change of name, he stated that the sex is “no binary / egalitarian “.
The event was opened by the Minister of the Interior, Wado de Pedro, who highlighted “the historic day” and highlighted “the struggle of groups and individuals” that have been going on for many years “for minorities to be recognized.” “Some are no more, some were left on the road,” he recalled, referring to activists who died. “When a government generates an extension of rights it is because before there was a collective struggle, a society that generated a consensus, that generated pressure, that generated a claim, and this measure that we take today has to do with you, you are the architects of Let’s begin to put an end to a binary logic, which does not contemplate a large part of society, “said de Pedro, adding, alluding to the crack:” In the face of so much militancy of hatred and exclusion, we have to grasp these values and build an egalitarian, diverse society that respects others in every sense, in the political sense, in the social sense, in everything “. He ended his speech by talking about “sisters, brothers, brothers.”
The Minister of Women, Gender and Diversity made a tour of the different measures that the Government took in its year and a half of management to expand rights to the LGBTTIQ + group, including the decree of trans labor quota in the national public administration, before the enactment of the law in Congress. “Expanding and recognizing rights is part of our identity as a political project. And we are not going to tire of saying it and making it come true ”, he enraged. And he specified that “the implementation of the non-binary DNI is one more orientation towards the construction of a more egalitarian and inclusive society”, which will allow “finally to make visible a set of diversities that make us a proudly diverse and plural society.” And he stressed that “identity is a fundamental human right” and that “those who are still looking for it know it even more”.
He also announced that they are working on the inclusion of “new registration categories” to include other gender categories, with INDEC, the Ministry of Education, universities, provincial and national agencies and institutions.
In the decree, which was published today in the Official Gazette, the Ministries of the Interior and Women, together with RENAPER, worked together with LGBTTIQ + organizations.
What does the decree say?
Presidential decree N ° 476/21 recognizes identities outside the male and female binomial by incorporating the nomenclature “X” in the National Identity Document (DNI) as an option, for all people who do not identify themselves as male or female. The decision is part of the Gender Identity Law.
In its article 10 it instructs the Ministry of Women, Gender and Diversity “a give trainings for the authorities and personnel of all the agencies that make up the National Public Administration with competence in the matter, so that the provisions of this measure are applied in conditions of respect for the identity and gender expression of the people and in contexts free of discrimination based on gender”.
From the LGBTIQ + organizations they celebrated the decision. “Recognizing the gender identity of non-binary people and those who identify outside of binary gender norms is a great advance for the whole society, since it ends with the old-fashioned imposition of the masculine and feminine categories for all people, as the only possible ones. The decree implements the rights recognized by the Gender Identity Law, interpreting its scope beyond binaryism ”, Ricardo Vallarino, executive director of 100% Identidad y Derechos, told Página 12.
“Non-binaries ID cards generate great happiness and fulfillment for me. I will finally be recognized for who I am. Like me, thousands of brothers and sisters who always suffer harassment and discrimination for simply being who we are, ”activist José María Di Bello told this newspaper, clarifying that he uses the pronoun elle and also he.
With this decree, the Government adapts the national registration and identification system in the orbit of the National Registry of Persons (RENAPER) to the Gender Identity Law (N ° 26,743), which recognizes the right to gender identity as an internal and subjective experience that it does not depend neither on the biological characteristics, nor on the imposed categories of male and female. The measure is a response to the claim of the LGBTTIQ + movement.
Around three hundred people in the province of Buenos Aires alone obtained through administrative or judicial means the rectification of their birth certificates so as not to record the gender or register another identity outside the binary gender norm and are waiting to be able to count with a new DNI, they reported from 100% Diversity and Rights .. “During the previous government administration, RENAPER, even having final sentences and even a favorable opinion from the Attorney General, refused to issue the new DNIs, which left dozens of people without documentation ”, they indicated from the NGO.
The most recent national antecedent to this measure is the Joint Resolution of the ANSES and AFIP which established the generic and non-binary character of the prefixes (20 and 27) to the CUIL and CUIT numbers and their random assignment.
At the international level, they recognize in documents gender identities outside the male and female binomial, Germany, Canada, India and the United States, among others.