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© 2022 National LGBTQ Task Force. All rights reserved.
By Jack Harrison, Task Force policy analyst
Today, the president of Argentina, Cristina Fernandez de Kirschner, signed into law the country’s gender identity bill, establishing Argentina as the most trans-friendly legal environment in the entire world. Under the new law, trans people will be able to change their legal gender and name without judicial permission or any requirement that they undergo surgeries. Further, once these changes are made, trans people will have access to the country’s socialized medical system for all their transition-related care for free including any desired surgeries. People will be able to legally change their IDs starting on June 4.
I, along with the entire National Gay and Lesbian Task Force, want to applaud the efforts of the trans, LGBT and allied activists in Argentina who made this happen. As a Latino trans ally in the U.S., it is important to me not just because of all the lives this will improve, but also because it shows the world that those countries with the most wealth are in fact not always the places that show the most respect for LGBT people. It emphatically counters this widely circulating racist and colonial narrative as Argentina joins its sister South American countries, Bolivia, Uruguay and Ecuador, in making strides for transgender equality.
For me it also underscores the importance of continuing to strive to do our work as trans and progressive activists here in the U.S., where our ID document policies must be modernized and where we must continue to strive for health care access for all trans people and all Americans broadly.
Two of the most important facets of this law are the lack of judicial permission and surgical requirements. In parts of the U.S., for example, the requirement that trans people get a court order to change their identity documents such as their birth certificate puts an unnecessary financial strain on the applicants and also opens them up to discrimination by the courts.
In terms of surgery, there are two kinds of surgical requirements prominent in different parts of the world. The first is what we have in many states in the United States – the requirement that trans people undergo costly and sometimes unwanted transition-related surgeries in order access accurate, updated ID. These policies are based on the idea that all trans people undergo a single “sex change surgery” and that this constitutes transition, whereas the truth is that trans people may choose to change their bodies in any number of ways in order to embody their gender identity and many choose not to undergo any at all because of the financial burden or because they are simply unwanted. The second type of surgical requirement is prominent in Europe and requires that trans people be surgically sterilized before they are able to access accurate, updated ID. This is, of course, a major violation of bodily sovereignty and contains implicit unconscionable judgments about trans people as parents.
Argentina’s new trans protections only add to a list of LGBT friendly policies the country has passed, including marriage equality, adoption by same-sex couples, open military service and nondiscrimination policies.
With the news that Argentinean law number Nº 26.743 had been promulgated, Mauro Cabral, co-director of GATE – Global Action for Trans* Equality , said:
This is a historical victory for all trans* activists, organizations and networks and their allies in Argentina – and everywhere, provided that legal change is always a collective process. Congratulations to all of us!
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In this March 5, 2020 photo, Diana Zurco smiles during a rehearsal for her debut as the country’s first transgender newscaster, in Buenos Aires, Argentina. Her job as a co-anchor of Public Television's prime time evening news program is a milestone for an excluded community that is often the target of violence and has a life expectancy roughly half that of the rest of the population. (AP Photo/Victor R. Caivano)
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Diana Zurco didn't attend her high school graduation
BUENOS AIRES, Argentina -- Diana Zurco did not attend her high school graduation because she refused to receive a diploma with her birth name. At 17 and considered a boy by school officials, she grew her hair long and adopted the name Diana after the alien character on the show “V” about an extraterrestrial invasion.
Now 40, she recalled her youthful rebellion while sitting in a comfortable chair in the studio of Argentina's public television station ahead of her debut as the country’s first transgender newscaster, a milestone for an excluded community that is often the target of violence and has a life expectancy roughly half that of the rest of the population.
“My presence challenges society,” she said in the smooth voice of a professional announcer that she used on Monday when she began her job as co-anchor of Public Television's prime time evening news program.
"It is an invitation to society that says: 'This is me; behind me there are more people like me who want to express themselves. We are capable, we can study, we can train ourselves, we can communicate to you what is happening in our country,'" Zurco told The Associated Press in an interview.
The government estimates Argentina has between 12,000 and 13,000 transgender adults out of a population that exceeds 44 million.
“It is a small group and ordinary people don’t know a trans firsthand. This lack of connection in daily life fuels prejudice and discrimination,” said Esteban Paulón, executive director of the Institute for LGBT+ Public Policies.
Zurco’s presence as a newscaster "will let prejudiced society begin to see that trans people are like everyone else," the activist said.
According to official figures in Argentina, the average life expectancy of a transgender person is 41 years.
"Why do trans people live such short lives?” Zurco asked. “Because they are in a situation marked by family exclusion. A high percentage of trans girls in our country are expelled from their homes at a young age. And in the absence of opportunities, their bodies end up being their merchandise, their job."
In the first six months of 2019, 68 crimes against the LGBT community were reported in Argentina. More than half of those were against transvestite, transsexual and transgender women, according to the National Observatory of LGBT Hate Crimes.
Zurco studied in a Catholic school until at age 17 she said: "I am Diana. I'm not a gay, effeminate boy. I'm a trans boy." The school priests forced boys to cut their hair above the collars of their shirts. She refused, kept her hair long and was expelled a year before graduating. She completed her studies in a public school but, "I didn't go to receive the degree because I didn’t want to be called by my male name," she said.
Zurco admitted she came close to prostitution, but took a hairdressing course and started earning money sweeping up cut hair in a beauty salon. She also worked in an office and later took a difficult exam among 1,500 applicants to study for a career as an announcer.
The course began in 2012, the same year Argentina’s Congress approved a law that lets people choose the gender they register in official documents. So far, 9,000 transgender people have used the law, which also guarantees access to free sex-change surgeries and hormonal treatments.
Only three provinces, including Buenos Aires, have equipment to carry out these operations in public hospitals, however, and the economic crisis also slowed down the supply of treatments, according to Paulón.
Up to now, transgender women on Argentine television have largely been limited to entertainment programs or soap operas.
“We didn’t look for Diana because she was a trans announcer. We looked for her because she was a very good professional,” said Rosario Lufrano, president of Radio and Television Argentina. “The only way to get there is to have the doors opened for you. We all know how difficult it is for these women to win a spot.”
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