BY BRUNO Bimbi
(Posted on 18/12/2010 issue of the journal
News )
Florencia de la V received their new ID card. Is happy with a new toy and baby. He says finally: "Florence Trinidad", adding: "Sex: female." They also gave a new birth certificate. It was then that Judge Elena Liberatori did rise to the action filed under the actress on the advice Argentina's legal Federation for Lesbian, Gay, Bisexual and Trans (FALGBT). Meanwhile, Alejandro Iglesias, the mystery of Big Brother participant, entered the
Florence got a new document without surgery. It is claimed transvestite woman. Alexander, however, wants to have surgery. Is a male transsexual. Both cases, media impact, they cast light on what will be the next big debate related to sexual diversity, then the equal marriage: the recognition of gender identity.
transgender people and transsexual transvestite, "a legal vacuum, have in your documents a different name than that for the whole world knows them, and are registered with an allocation of gender-male or female-who inconsistent with their identity. This discrepancy between his life and the roles they complicates things: enter anywhere you request document
entered in a race, to vote, to leave the country, getting married, opening a history in a hospital, etc..
entered in a race, to vote, to leave the country, getting married, opening a history in a hospital, etc..
"We feel like we live the life of others and are invisible to the state. When people ask me what it means not having a DNI to recognize my identity, I think how terrible it would die and feeling that went through life like a ghost, "says Claudia Pia Baudracco, transvestite and leader of the Association of Transvestites, Transsexuals and Transgender.
The law of gender identity and health care for gender reassignment will be the next congressional debate over the rights of sexual minorities. The first enabled the change of name and gender on ID and birth certificate through a simple procedure and fast, without judicial intervention, now compulsory by a decree-law Onganía-and without the intervention of doctors and psychologists. That is, without the need for a lawyer and a court ruling in the case of Florence, and leaving behind the pathologizing of transsexualism as "gender dysphoria," as in that of Alexander. The "dysphoria" is an alleged psychiatric condition that still survives in the manuals, as they did long ago with homosexuality, which was considered a "disease" until science acknowledged that it was not. To make the change of identity, transgender people no longer need to prove they are "sick", but simply must say that their gender identity differs from that contains documents and express their desire to change the name.
The second law will allow transsexual people who wish to carry out sex change operations, without judicial authorization and without charge in public hospitals or through insurance plans and prepaid. They are two separate laws because there are those who, like Florence, want to change your documents but not surgery. Alejandro's mother, who do you want to operate, said in the door of "home" when he went to say goodbye already made the arrangements for, operating, give your new ID, but gave no details. It is not known if there is already a court ruling in his case, since the program output is reluctant to give information or provide contacts for their relatives. With the law of gender identity, operated or access the new DNI would be two separate proceedings and one does not condition the other. To get it to pass these laws, the FALGBT follow the same strategy used to achieve equal marriage: on the one hand, introduced the draft law, signed by the deputies Juliana Di Tullio and Silvia Augsburger
(MC) with legislators of almost every block, on the other, drove over thirty habeas corpus in the courts. The Florence of the V was the first with his case. When given the DNI, the ministers expressed Randazzo Fernandez and government support to projects that will certainly opposed by the Catholic Church, Rep. Cynthia Hotton and Sen. Lisa Negre de Alonso . Activists hope, however, that the discussion is easier: in Spain gay marriage sparked a debate similar to that experienced this year in Argentina, while the gender identity law went almost unanimously and with a very warm opposition bishops.
"The case of Trinidad Florence is a before and after. For the first time in Latin America, justice authorizes a change of name and sex in the DNI to issue new birth certificate, without subjecting the person to lengthy and costly legal proceedings or require medical or psychiatric diagnoses. It is a recognition of the right to identity per se
without conditions. It is also the first 'despatologiza' ie not regarded transsexualism as a disorder, "said Federation president, Stephen Paulone. The injunction issued by the FALGBT's legal team, coordinated by Dr. Flavia Massenzio, if the lawyer also participated transsexual Mariana Casas cites several international treaties including the Universal Declaration of Human Rights Humans, he says in his art. 6: "Every has the right, everywhere, the recognition of legal personality. " On the other hand, emphasizes that the recognition of identity is also a public need "social interest is static identification of individuals to locate and identify that they can be in society. The data must correspond to the personal truth community to meet the requirement of certainty regarding the identification of the subject. " Baudracco passes those words from theory to practice: "If a trans girl has an accident and admitted to a hospital, nobody can find it, because if someone asks for your name on the watch, he replied that there is there. " well as, to achieve equal marriage, first judgments were obtained by several couples married before the law-the first was Alex Freyre and José Maria Di Bello, in Tierra del Fuego, the Federation hopes that when the discussion of projects in the Chamber of Deputies, in regular session next year, and has dozens of cases like that of Florence, with new documents released by court order. Again, Congress should adapt the law to real life.
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cases of Luna Tania Marcela Romero and
Before the case of Florence V, There were others, like Marcela Romero and Tania Luna. Marcela is a transsexual, was operated in Chile and had to wait ten years of trial. Tania, the judge granted the DNI with your name along with authorization for surgery and the decision ordering that "the cause must include a psychological evaluation and / or psychiatric date."
"Until now, all-inclusive favorable rulings that gave the DNI the transvestites, no operation" had been based on evidence gathered during lengthy legal processes and the assumption that transgender identity is a psychiatric disorder to be determined . In the case of Florence
not require more than the expression of their willingness to provide recognition identity, "said the lawyer Flavia Massenzio, Secretary of Legal Affairs of the FALGBT.
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Gender Identity
Gender identity is the self-perception of being male or female, who does not always match the assigned gender at birth. For transgender people, this discrepancy between self-perceived gender, which is manifested in social life, and legally assigned gender, which is listed on the ID card, resulting in a multitude of everyday problems.
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