Activists say Argentina now leads the world in transgender rights after giving people the freedom to change their legal and physical gender identity simply because they want to, without having to undergo judicial, psychiatric and medical procedures beforehand.

The gender identity law that won congressional approval with a 55-0 Senate vote Wednesday night is the latest in a growing list of bold moves on social issues by the Argentine government, which also legalized gay marriage two years ago. These changes primarily affect minority groups, but they are fundamental, President Cristina Fernandez has said, for a democratic society still shaking off the human rights violations of the 1976-1983 dictatorship and the paternalism of the Roman Catholic Church.

Activists and academics who have tracked gender identity laws and customs worldwide said Thursday that no other country has gone so far to embrace gender self-determination. In the United States and Europe, transgender people must submit to physical and mental health exams and get past a series of other hurdles before getting sex-change treatments.

Argentina's law also is the first to give citizens the right to change their legal gender without first changing their bodies, said Justus Eisfeld, co-director of Global Action for Trans Equality in New York.

"The fact that there are no medical requirements at all — no surgery, no hormone treatment and no diagnosis — is a real game changer and completely unique in the world. It is light years ahead of the vast majority of countries, including the U.S., and significantly ahead of even the most advanced countries," said Eisfeld, who researched the laws of the 47 countries for the Council of Europe's human rights commission.

Marcela Romero, who was born a man but got a sex-change operation 25 years ago, spent 10 years arguing in Argentina's courts before a judge ordered the civil registry to give her a new identity card listing her gender as female.

"It's something humiliating ... many of us have had to endure psychiatric and physical tests," she told The Associated Press on Thursday. "With this law we'll no longer have to go through this."

Romero, 48, said she personally knows 40 people who had to get judicial approval for sex-change operations, and are still on waiting lists. The law should help them get the treatment they need, she said.

Romero leads the Argentine Transvestite, Transsexual and Transgender Association, whose legal team helped draft the law with help from an international coalition of activist groups pushing for governments to drop barriers to people determining their own gender identity. None of those groups have managed to find politicians willing to go as far as Argentina's, however.

"This law is saying that we're not going to require you to live as a man or a woman, or to change your anatomy in some way. They're saying that what you say you are is what you are. And that's extraordinary," said Katrina Karkazis, a Stanford University bioethicist who wrote "Fixing Sex," a study of the legal and medical boundaries around gender identity issues in the United States.

"Rather than our more sedimented ideas about what it is to be male or female, this sort of throws all of that up in the air in a really exciting way," she said.

Next up for Argentina's government is an overhaul of the country's civil and penal codes, an often-contradictory conglomeration of laws dating back nearly two centuries that cover all aspects of society. Encouraged by the president, congressional commissions representing all leading parties and the Supreme Court are drafting wide-ranging legislation to modernize how the country deals with abortion, adoption, artificial insemination, divorce and many other difficult issues.

The Catholic Church, which had an outsized role in forming these codes over the country's 200-year history, has opposed many social reforms, and not just those affecting gay, lesbian and transgender people.

"The Argentine lawmakers are introducing profound changes in society that don't respond to any social demand and without taking into account the real consequences," Nicolas Lafferriere, who directs the church-sponsored Center for Bioethics, Personhood and Family, complained Thursday in "Religious Values," an online publication sponsored by the archbishop of Buenos Aires.

"We have found ourselves faced with the most permissive law in the world in this area. Now, to change all the civil registries you don't need any more justification than a personal desire, based on someone's self-perception. It won't be easy to predict the consequences." Lafferriere warned.

Most Argentines still identify themselves as Catholic, and Catholicism remains the nation's official religion.

But fewer and fewer Argentines regularly attend Mass, and priests and bishops don't have the same power of the pulpit anymore. The church has become so weakened politically that the government has treated it more like a useful enemy than a force capable of influencing vast numbers of voters.

The Catholic hierarchy also has been inexorably linked with the military junta that killed as many as 30,000 people during the dictatorship. Both enforced conservative social values at the time.

Karla Oser, 38, underwent hormone therapy before surgeons transformed her male organ into a vagina in 2006, becoming one of only 40 people to have sex-reassignment surgery at a public hospital in the provincial capital of La Plata over the years. But first, she said, she had to present a judge with testimony from two psychologists, a psychiatrist, an ear-nose-and-throat specialist, a gynecologist and a urologist.

Even after her sex-reassignment surgery, she has failed to get judicial permission to update her national identity card to reflect her new gender, according to a public health ministry announcement.

The new law gives her hope, she said: "The operation changed my life and today I'm celebrating that everyone who faces a situation similar to mine can get their surgery without having to make it through the judicial labyrinth I went through."

The ministry quoted Oser as part of an announcement saying government surgeons are now open for business, ready to provide similar treatment for anyone who decides they want it — no more questions asked.

___

Anita Snow in Mexico City and Almudena Calatrava in Buenos Aires contributed to this report.

Report at:- http://www.npr.org/templates/story/story.php?storyId=152470558

Hopefully this should help move things on a bit for more backward countries

I still believe that some show of commitment should be made on the part of the person involved. Gender is not something one should take lightly... or on a whim

I would think that changing all your official documents and living in the sex opposite to which you were born as would be seen as fairly strong proof of commitment Doanna.

I agree with that Carol, and that is what I was referring to. If the person is willing to "go the mile" - then they should be allowed to do so.
What I was concerned about are the ones that do it "on a lark"
In my country, they test your level of "commitment" through the Psychological system. It seems to me that the Argentinian system would not properly address the level of commitment...if there is no requirement for psychological services - or evaluation of any kind.

I doubt very much that anybody would go to all the trouble and effort involved in changing all their official documents and living as a member of the sex opposite to that which you were born as "for a lark" Doanna. It is not a thing that is undertaken lightly as can be seen by all the 'going out first time in public' stories that occur on this site alone.

For a lot of countries, pension age is being equalised between men and women, so this would not be an 'incentive' to change ones sex - and many other countries do not have state pensions, so that is not an issue in those countries.

The power of the church (especially the Catholic Church) is rapidly losing that power as people realise that their antiquated views have very little relevance in today's world with some of the bigotry and hate that they would wish to still propagate.

Carol, my point is...a number of people on this site HAVE mentioned that they are not quite sure if they should live as a woman. Sometimes they want to...and sometimes they don't. All I am saying is that people should see a psychologist and get a professional opinion BEFORE they start changing their legal gender identity.

I think you are putting too much faith in psychologists and therapists Doanna, after all they can only see what we reveal to them. Most people that I know who have gone on to successful transitions have known for years about themselves, there is no uncertainty - it is either transition, continue living in mental anguish or even die as they just don't see life worth living any more.

The only really true test is the RLE test and to see if this makes your life far less complicated once you are rid of the mental strain of living a lie.

For those that decide that it is not for them, it would be a fairly easy task to switch back one's identity - just a few papers and documents to be changed by various government agencies - a very small price to pay for a person's peace of mind.

Carol, Agreed that the RLE is a true test and should be done. At this time, anyone should be able to live in the gender of their choice... if they choose. My point was the legal changing of gender without careful consideration can be problematic in some jurisdictions and for the person.

This post was edited by Doanna Highland at May 16, 2012 3:28 PM BST

Carol,
A case in point.
What is to stop some guy who is a sexual predator from changing his gender during the trail so he can be assured of being housed in a jail designed for women only. The number of misuses of the legislation could be considerable.

I would agree on that point Doanna - but are you going to deny the rights of thousands for just one scenario. However, on your point alone, I think a sexual predator would be far safer in a male prison than a female one anyway.

1) It was not the predators safety I was concerned about.
2) I don't think it would be denying thousands their rights at all because they would still be able to assume a female role in life prior to changing their "Legal" gender identity and I still believe it would be better to have a health professional have some involvement in the process before the "legal" Gender Identity is changed... if only to avoid "cyclic gender changing" which would only diminish the significance of Gender Identity.
Hugs Carol

I have to say that it seems the various laws like Argentinas are making sex change unnecessary - at least thats what the transphobes will say - as so many people claim to be TS but don't feel the need to dress/work/live and change documents to new identity.
As so many pre-ops don't seem very much like the gender they claim to be internally and don't live as that gender post-op then the whole srs scene seems to be descending into a farce of pandering to mutilation fantasies and mangynerism.

Rose,
You have a point, but I thought the purpose of this site was to serve all those (including their admirers) who have not fully "espoused" the original gender they were defined as.
Even someone who just has a need to "put on a skirt" every once in a while can be a valued member (and contributor) to this community.
We are all here to "rejoice" in our"genderal" position.
Hugs

agreed...if I understand in Argentina you can present yourself as you wish. That seems fair. It's wonderful to have a progressive country. I've always wanted to visit Argentina since they reformeed.

I'm amazed at some of this conversation.

You would think that after the disproportionate amount of hoop jumping we've been faced with this would be regarded unanimously as a breath of fresh air.

As for the idea that some guy might enter into full SRS without realising the consequences.
Step outside, approach the nearest guy and offer to cut his dick off.
Im sure his reaction will put that one to bed.
When did you ever meet a guy that wasn’t obsessed with it?

And issues like the administrative confusion caused by swapping back and forth, so what?
If that’s their bag let them pay the fees and get on with it, what business is it of anyone else’s?

Why is gender and/or sex even an issue on our id, its about as relevant as hair colour.
At best it cuts down the hunt for a suspect by about half the population.
So in the UK that’s looking for an needle in a haystack of 30 million instead of 60 million.
I'm not sure that helped much.

I think I've had my fill of people who presume to know what’s good for others and believe they have some god given right to go round imposing it on them.

Self determination is the order of the day.

Vive la différence!

it is a breath of fresh air but unfortunately the vast majority of people in the world are normal and need to know what they are dealing with and get upset wiv fings that ain't normal or at least correctly labelled.
people will accept something that appears to be one or other gender if it is obvious what the gender is but if the gender isn't obvious it does get the heteros back up .
As a fer instance at my local swimming pool there are mothers with young girls in the showers and changing rooms who are quite happy with me but would they be happy with a teegee complete with penis?
I think not even if it was made legal to accept such people in the place...they'd just stay away or demand GG only sessions.

The article stated:
........fewer and fewer Argentines regularly attend Mass, and priests and bishops don't have the same power of the pulpit anymore. The church has become so weakened politically that the government has treated it more like a useful enemy than a force capable of influencing vast numbers of voters..........

The Catholic hierarchy also has been inexorably linked with the military junta that killed as many as 30,000 people during the dictatorship. Both enforced conservative social values at the time.

Thus it can be seen that the power of the Catholic church has been much reduced and many people now mistrust it, it will remain a minority influence though, the same as it has done in the UK.

If the nature of people were that they mind their own business instaed of everyone elses then there wouldnt exist such a thing as a mother complaining about pre ops (or anything else for that matter) using the same changing rooms.
What I hope this new ruling in Argentina goes on to do is point the way to greater tolerance and less bigotry.

Layla, it was my interpretation of the Argentinian law that SRS was NOT required (or any other steps) to be legally declared Female (or Male as the case may be) any time you wanted to.
I didn't say at any time that a person had to plan (or receive) SRS to have their gender designation changed??
- as for what you said "As for the idea that some guy might enter into full SRS without realising the consequences." --- I personally know someone who was "fast-tracked" through the process (including SRS) who was totally unprepared for the consequences. That person is so "frigged up" now...and has tried to commit suicide several times. He (although a post-op MTF ) insists he now be referred to as a male ...yet he can barely function in this world as a male - OR female

I was only meaning who cares really, live n let live, stop minding other [eoples business.
Do you think the guy you know would have transitioned successfully had he gone slower, I should think not.
So it seems he would be in the same dilemma either way, or are you saying he would be a well adjusted male had he not had SRS, again I think not.

Layla, in the real world practically no-one except nudists would accept a pre-op sharing the changing rooms or even the swimming pools...its real life.
We have to face the fcat that the constatnt dripfeeding of transphobia in the media will ensure there is lots of bigotry for many years to come.
We will continue to be THAT!s for a long time to come regardless of any laws saying otherwise.

As for frigged up fast trackers I have no sympathy for anyone who thinks crossdressing in private means they are true transsexuals who will be happy to lose their male bits.
Calling a penis a vagina just makes genuine vagina owners laugh it doesn't make them say 'of course your penis means you are a woman.'
Whether the guy would have been happy to remain non-op is hard to tell but if he's suicidal at possessing a vagina then he quite clearly wasn't female...it would be interesting to know what male life privileges he misses.

Rose
Im not saying youre wrong about that am I?
Im just saying that I cant see why anyone would take issue with what Argentina is doing.
Are you saying they are wrong to do it simply because you hold an opinion about swimming baths and other extreme situations?
It seems to me you just want to find fault, how do you suggest we proceed then?

I agree Cris, I too doubt it will have any immediate effect.
With a bit of luck the only people it will actually affect are us, the tiny trans community.
They are unlikely to be beseiged with herds of Toreadors wanting their nuts off.

An interesting position by the US Government on affirmative action - re women.
http://www.dol.gov/ofccp/regs/compliance/aa.htm

I supposed if someone wanted to ensure they (or a company they owned) got an advantage getting a job/contract with the US Gov't... All they would have to do is have their "official gender" changed to female.

From that you are assuming that many men would change their sex and have their (as Layla rather quaintly puts it) nuts cut off just to get a job.
I cannot understand why any trans person would be against making it easier to get ones official documentation changed - unless you regard being transsexual as being a privileged position in our society, which I certainly do not think it is.

its not being privileged its taking the same view of transgenders as GGs do - and regarding them with suspicion - if you believe in the Dutch brain research this will make perfect sense.

What view of "transgenders" do GGs take?

Yes, I would also be interested in what you assume genetic females view of transgendered people are Rose - and what you base your assumptions on.

This post was edited by Former Member at May 22, 2012 12:44 PM BST

At best the word Transgenders sounds like some kind of kids doll, not unlike Transformers.
Used in here it feels (to me) a bit like the word Niggers would in a forum for African Americans.

Layla, "what view of transgenders do GG's take?"
Simple....They feel "threatened because of the competition" LOL
...There's a new girl in town - so guard your boyfriends!!

Well, I've got to agree Doanna, I've noticed a few envious looks on occasion. Its not my fault they've all got fat asses lol.

Update:

BUENOS AIRES, Argentina — Transsexuals lined up Monday to be the first to take advantage of Argentina’s groundbreaking gender-identity law, which enables people to change their names and sexes on official documents without first getting approval from a judge or doctor.

No other country in the world allows people to change their official identities based merely on how they feel.

Many other countries, including the United States, require people to pass barriers that sexual identity experts describe as painful or humiliating, such as hormone therapy or surgeries to physically change their sex organs and psychiatric visits to demonstrate they have “gender identity disorder” or other abnormalities.

Argentina’s gender identity law won congressional approval with a 55-0 Senate vote last month and took effect Monday. A small group of transsexuals chose to assert their rights immediately at a civil registry in downtown Buenos Aires.

Silvana Daniela Sosa, who was born Miguel Angel Sosa, emerged with a form showing her new identity card is being processed.

Another transsexual, Maria Mara Brodos, said, “It’s important to have the freedom to decide by myself and not have anyone deciding it instead of me.”

She said she had struggled for years to persuade judges to allow her to get documents reflecting her change in gender.

“I had many legal experts, and every time it was them talking — I wasn’t able to say who I was,” she recalled. “It was both funny and painful, because no one is authorized to say who I am, but me.”

Full report at: http://www.washingtonpost.com/world/the_americas/transsexuals-line-up-for-new-ids-as-groundbreaking-argentine-gender-identity-law-takes-effect/2012/06/04/gJQAE0F9DV_story.html

Picture shows one successful applicant holding her document which shows that all her documents are being officially changed to her choice

This post was edited by Former Member at June 6, 2012 6:53 PM BST

Lovely stuff

Yes, a very welcome move, I agree Layla

Argentina President Cristina Fernandez on Monday personally delivered new identity cards to people who transitioned their genders, saying equality matters.

Congress overwhelmingly approved the nation's new gender identity law, which allows anyone to switch his or her gender without first seeking the approval of a judge or a doctor. The law took effect last month. It also extends government health coverage to include gender reassignment surgery.

Fernandez celebrated passage of the law with a ceremony held at The Pink House, gay blog Blabbeando reported.

“Today is a day of tremendous reparations,” she told the crowd. “Today we do not shout for liberation but instead we shout for equality, which is just as important as freedom.”

“I do not want to use a word that bothers me greatly: Tolerance. No. I do not believe in 'tolerance.' To tolerate is to say, 'I'll allow you to be because I have no other choice.' I want to talk about equality and I want to talk about all of you who will now have the same rights I have enjoyed from the moment I was born and the rights that so many millions of Argentinians have enjoyed from the moment they were born. This is the society we want.”

Argentina legalized gay marriage in 2010.

Story by 'On Top' magazine staff:  http://www.ontopmag.com/article.aspx?id=12305&MediaType=1&Category=24

This post was edited by Former Member at July 6, 2012 6:00 PM BST

To me this is a great step forward. It de -medicalises the debate about one's gender and puts it where it should be, on a personal level. We are what we feel we are. As someone who is waiting for their appointment at Porterbrook my greatest fear is having to justify what I want to be to a psychiatrist. I'm not ill and I don't even feel I have a 'condition'. It's just that I happened to draw a rare number in the lottery of life.

 

I'm also gratified to see the great steps forward that Argentina has taken with human rights. Lest we forget that country was ruled by a fascist junta who oversaw a violently repressive regime. The media here often portrays 'the Argies' in a negative light but what a people to turn their country from the darkness of the past to enlightenment like this without revolution and mass bloodshed.

This post was edited by Nell S at July 31, 2012 11:30 PM BST