The Civil Registry agreed to a claim from three NGOs. The measure was taken in coincidence with the 11 years of validity of the Gender Identity Law
11 years ago the Gender Identity Law was promulgated. Based on its directives, the measure that benefits minors between 16 and 18 years of age in the CABA was obtained.
Adolescents from 16 to 18 years old will be considered adults to access the change of ID based on the Gender Identity Law in the Buenos aires city. It was ordered by the Registry of the Civil Status and Capacity of Buenos Aires People. The determination was made after a claim filed in December 2022 by the organizations 100% Diversity and Rights, the Argentine Homosexual Community (CHA), Infancias Libres and the Diverse Families Association of Argentina (AFDA). These organizations welcomed the official measure, but noted that more measures are still lacking. This Tuesday they fulfilled 11 years from the entry into force of the Gender Identity Law.
In a statement, the organizations promoting the claim they celebrated the change in the regulations as “an advance in the exercise of the right to gender identity of adolescents from 16 to 18 years of age, who will be able to access a National Identity Document that reflects their gender identity in their own right, freely and without the guardianship of their parents ”. Besides, They again asked for “the end of the requirement, for the process of changing the name and gender of persons under 16 years of age, for the signature of both parents and the mandatory legal sponsorship for restricting the progressive autonomy of childhoods and adolescences”; and demanded full access to gender identity for trans children and youth.
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Specific, The organizations request that access to the rectification of the name and sex of the registry in their own right be extended “to persons under 13 years of age and, in the case of persons under 13 years of age, that they access the process at their request and with the consent of one of their parents or affective referent. Not being in no case mandatory legal sponsorshipthe fact that it should only be provided by the State of the City when there are conflicts of interest with their legal representatives.
What has been proposed is based on the Civil Code, which, although it establishes that persons under 18 years of age exercise their rights through their legal representatives, also recognizes them as being of sufficient age and degree of maturity to exercise them on their own. Likewise, it recognizes legal assistance as a right and only in the event of conflicts of interest with their legal representatives.
In this frame, LGBT organizations demand that the Registry of the Civil Status and Capacity of the People of the City interpret and apply article 5 of Law 26,743 on Gender Identity (2012) according to its article 13, that establishes interpreting and applying it with a view to guarantee access to the right to gender identity and, therefore, fully adapt its regulations to the new Civil Code (2015), for Put an end to the obstacles that restrict the exercise of the right to rectify the registered name and sex to persons under 16 years of age.
The claim presented by the organizations before the Civil Registry had the support of the Public Ministry of the Defense of the City, through the Ombudsman No. 5, which was in charge in 2022 of Patricio Canepa, now being the owner Giselle Furlong Pader.
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