Gerónimo Carolina González Devesa and Shanik Lucián Sosa Battisti received this Wednesday two of the first DNIs that, with the X nomenclature, recognize the Non-binary identities in Argentina. After the presidential act, they told Page 12 their feelings upon receiving the document and reconstruct the journey that led them to this day, a path marked by various fighting processes in the administrative and judicial field to be recognized with their self-perceived identities, with the previous step of the registration change in the birth certificate.
“I was undocumented for three years. Today having a document that validates your identity with your gender and your self-perceived name is incredible, i feel legal“Gerónimo Carolina told this newspaper. The administrative process that ended this Wednesday with the assignment of his new DNI began three years ago. In 2018, together with his lawyer Eleonora Lamm, the 35-year-old doctor began in Mendoza, his native province , the process to get the Civil Registry rectify your birth certificate without “F” or “M” in the “sex” box, in accordance with the provisions of the Gender Identity Law.
“I obtained the item without gender assigned that same year and there we started the process for the DNI, but at that moment RENAPER ruled that it could not be“, he recalled now and added that five years ago, when he began his hormonalization process,” I did not want to rectify my departure, my gender imposed at birth was female but I realized that I did not want to appear as male. Until I met Eleonora and she told me that we could do the DNI outside of the binomial “.
“This fight did not start with me, but with the whole group behind. Mine was the first item rectified without being prosecuted, It was a purely administrative procedure as it should be from now on, but there were other more complex cases in which there were prosecutions, “he said. One of those cases is that of Shanik, who received his DAYS non-binary in the hands of the president with the antecedent of a historical ruling in the province of Tierra del Fuego.
In Ushuaia, Shanik, 27, began to seek the rectification of his match early 2019. “I remember I was with my best friend and I told him what he wanted to do, he told me to consult with Erica Moreno, who is the coordinator of Red Diversa Positiva, a local organization, and there we started with everything. “But, unlike the case of Gerónimo Carolina, the Civil Registry of Tierra del Fuego denied Shanik the registry change.
“In Justice the case began with an amparo for discrimination and non-compliance with the Gender Identity Law. Shanik wanted to have an inscription without ‘F’ or ‘M’ and they denied it, so we went to Justice, “Sol Verón, his lawyer, told this newspaper. In December 2019, the Fuegian Court of First Instance ruled in favor de Shanik and urged the provincial Civil Registry to grant him the rectified birth certificate, a ruling that was not appealed by the Government of Tierra del Fuego.
“That was the first step and the DNI remained. With the favorable ruling, we began to military for the document to arrive. Although the amparo was individual, it was always raised in general terms at the provincial level, so that this could be done throughout the province, “said Verón. Last Thursday, Shanik received a call from Moreno, who notified him that he would finally receive his DNI in Buenos Aires.
“With this changes my whole personal life. Now I have the document: my name is Shanik. Until now, when they asked me for my DNI, I had to say that I did not have it, that it was on hold or show the previous one with which it did not identify me. That was horrible, but today it was over“said Shanik, who added:” I hope this is good for future generations, that the changes continue to flow. “
In this sense, Verón remarked that, in addition to the national decree, it is necessary that “provinces that do not rectify birth certificates and DNI do so. Under their jurisdiction they can recognize that identity that people want to have. At the provincial level there are still a lot of barriers regarding this issue“.
The debate around the X nomenclature
In the presidential act of granting the DNI, Valentine Machado, another of the people who received the document, showed a T-shirt with the inscription “We are not X”. At the same time, from the audience, another member of the Buenos Aires No Binary Assembly, an organization in which they are active, shouted: “We are transvestites, lesbians, queers, not binaries, transgender. My inner feeling is not an X, and I want to make it very clear. “
“The internal struggle of each person with the issue of the X is personal. Each one will think differently and I respect that. For my part, it is clear that I am not X, I am not binary, but this It is the possibility that the State gives us today and it is very important that we have been recognized in this way, “said Shanik in this regard. Meanwhile, Gerónimo Carolina agreed that” each person perceives himself as he perceives himself and we name ourselves in different ways, in this case the X encompasses us all outside the binomial. It is not that we are an X, the important thing is in the absence of the binomial. Identity is something that moves, that is changing, and it is understood that this is a first step on a path forward. “