Trans Law in Latin America
It included countries like Spain, Turkey, England, South Africa, Holland, Austria, Finland, New Zealand, Germany, Italy and Belgium, but none from Latin America. In the following months,
Mexico and
Sweden have also produced specific laws which cater for the needs of the trans population.
You will find below the general situation in the countries of Latin America, the majority of which are still waiting for the approval of the laws.
Uruguay
The “
Project for the Right of Gender Identity, Change of Name and Sex Registration” has just been approved this month by the Senate, and it is hoped that the same will happen with the Chamber of Deputies. The law will permit the change of name and sex without the need for surgery. Likewise, the law also applies for people under 18, in case of early evidence of belonging to another gender, and does not need parental approval, but it has to be ratified once the individuals leave their parents' guardianship.
Colombia
The most progress has been made in the area of policies, as is the case of Bogota, where
Decree N° 608 recognizes the rights and full citizenship of the gay, lesbian, trans and bisexual population, and includes the principle of identity, taken as the right of every person to “build for themselves a self-definition with respect to their body, their sex, their gender and their sexual orientation” (Article 2, Principle e). Also, since 1988 the sex change is possible by claiming the “free development of the personality”. However, there is still a need for a specific law that gives way to the process of change of sex for trans people. Even so, this Decree is far ranging, because it considers this population as a national objective. Although there has been some improvement in the way trans people are treated and they have been included in the national health system, this has only happened in Bogota and it is hoped that this can be extended to the rest of the country.
Peru
Progress was hindered some moths ago when Peru was the only Latin American country that did not ratify a UN Declaration that confirmed that the international Human Rights include those of sexual orientation and gender identity. Although the change of name can be achieved by claiming the principle of liberty and free development of the personality, very few people have obtained a satisfactory verdict from the judges.
Chile
You can only change your sex and name if you have completed a change of sex process, although there have been cases in the cities of Rancagua and Antofagasta where some people have been able to change their name without completing that process. Proposals for laws in favour of the rights of identity and health have been made, but they haven't been approved yet.
Argentina
You can change your identity documents if you have completed a process of sex change, however these processes are also regulated and can only be undertaken with a judge's permission. However,
some resolutions have been obtained for trans people who attend the health services in the city of Buenos Aires to be called by their social name, as they want to be called and recognized, and not by their legal name. The “
Law of Gender Identity” has been presented to the Buenos Aires legislation, so that adults can have this right. In that same city, the “
Plan for sexual rights and diversity” has been approved, to create public policies for the defense of the rights of the LGBT community and for the elimination of discrimination.
Ecuador
Respect for the trans image in the civil registry has been achieved, which means that although the appearance does not match the legal name, it will still be registered in the identity documents. Before this initiative, trans people had been humiliated, insulted and forced to modify their appearance for the official photograph. It is an important step towards the conquest of essential rights of respect and autonomy.
Brazil
It has been recently announced that sex change surgeries would be practiced for free in the Health System, which is one of the most important claims of trans activists around the world. But we haven't confirmed with the Brazilian trans population if this initiative has been satisfactorily carried out.
Bolivia
Had just been approved the
New Political Constitution of Bolivian State in which is included concept of gender identity and it's guarantee its respect. In its 14I article said: “Every human being had juridical personality and capacity and all the rights recognized in this Constitution”. In the follow 14II article said: “State forbidden and will punish any kind of discrimination basis on sex, age, sexual orientation, gender identity, origin, culture and any other that had as a result limitation or annulment of human rights”.
Sources:
