The court vindicated the right of each individual to decide their gender and name. Another advance in the fight to ensure gender equality.
"Gay friendly" is more than hotels and bars from around the world took to accept homosexuals and even make for themselves a unique place. Following the enactment of the law of equal marriage, courts in our country begin to adopt that philosophy for gays, lesbians and transgender equal rights as to the determination of identity.
is an Administrative Court granted the writ of amparo filed by a person against the Government City of Buenos Aires. The plaintiff initiated a claim in order to access the possibility of changing their name and sex registry.
The purpose of amparo before the Court No. 13, by Judge William Scheibler, was the repeal of an administrative act of the Civil Registry where the application was refused for change of name and sex registry. The amparo was required to be registered with the name usually used and which is known in her family and social life.
The plaintiff described the actions of officials of the Register as arbitrary illegal and unfair. Justice asked to do instead to your request to amend two of his personal details and for the removal of regulatory barriers to generate such changes.
In the letter of the writ of amparo, the applicant told his personal story. Explained in detail the crisis crossed and the various conditions arising from the lack of tolerance, respect and response from the State and society in general.
protects it based its request on the principle of autonomy of the person who establishes the Article 19 of the Constitution. Also requested a declaration of the unconstitutionality of Articles 3, 15 and 17 of Legislative Decree 18248/69, which regulates the name change.
The Government of the City of Buenos Aires is simply noted that the refusal to the request for amparo was not illegal or arbitrary since it had issued the administrative act in compliance with legislation which provides force.
Justice Capital noted, first, that "the name is both an attribute personality and an institutional civil, whose purpose is to protect individual rights and, simultaneously, those of society in order to identify people. "
the court said that the possibility of identifying one another makes the general rule is the "immutability of the name." However, he stressed that the principle of "immutability" is not absolute, and added that "life has relationship where the name change is for many reasons, need the wearer, in such circumstances would be inequitable to deny the right to change, if it does not follow a loss of social order. "
The Contentious Court said that under current law, decree law 18248/69- the name change is possible provided that a judicial decision is provided in the presence of "just cause" of the individual . The change of name should not be a severe disease for the collective interests.
Meanwhile, registration of sex change is not covered by any legal standard, the court said. He noted also that the existing case law determine the correct documentation to a sex change operation.
On this point, the court held that Buenos Aires was not an individual right to require submission to a "physical mutilation", the adaptation involves surgical sterilization, to repair a "mutilation institutional or legal. " He also stated that the legal vacuum regarding registration Sex change was not an obstacle for initiating a complaint in this regard as constitutional rights were at stake.
The court noted that the demand Dispute clearly showed that "the amparo has a gender identity different from the identifying documentation reflecting." Also pointed out that the "persistence" in time of the status of the plaintiff sets up a "just cause" to agree to your request.
The court also made a clear distinction between the concepts of "sex" and "gender": "While the former is limited to recognizing biological differences between men and women, the second is much more comprehensive, in both includes also the social aspect of the difference between them. " The Court defined the genre as "a set of cultural and social patterns that are used to distinguish the attitudes or behaviors that society considers masculine or feminine."
City The court demonstrated an understanding a common problem for many individuals and echoed the importance of recognizing the right to change sex registration name and stating that "did not have documentation showing account of their gender identity to the plaintiff caused him many drawbacks that make ordinary situations a source of insult and humiliation, with what, in fact, leads to the deprivation of the normal exercise of various rights-of contract, to vote, to work, access to health services, etc. "."
The Disputes Tribunal also referred to the traditional treatment, "binary" of sexuality, which keeps track of the plurality of the human condition itself. In a clear and forceful, said that "sexual identity of people far exceeds the biological."
The court claimed the right to build one's own gender identity and noted that the order of the amparo answers deep and intimate needs of each individual. Also ruled out the need for expertise or tests "as its realization is not only necessary, but would, in the case, an instance undue scrutiny."
Justice and stressed the right of everyone to be who he is and said "truth is a 'truism' that such a situation, to coexist with documentation slogan your name and male works against proper identification. "
The request for a declaration of unconstitutionality of Articles 3, 15 and 17 of Legislative Decree 18248/69 was considered inappropriate. The Disputes Tribunal found that, in the case, these rules did not constitute an obstacle to the request of the plaintiff or importing a situation of such gravity as to effect such a statement.
The court further noted that the plaintiff's request did not involve any breach of the corporate interest, since they only modify two identification data: gender and name registration. Remaining data, number of document name, date and place of birth, etc., remain unchanged.
Court No. 13 ordered that "to ensure the correct identification of the plaintiff will be recorded in your file identification file kept in the National Registry of Persons, while the registry Civil corresponding to issue a new birth certificate to reflect changes that have eventually must contain a reference to the location of the previous round of correction. " Both records are accessed by the law that protects the dissemination of sensitive data of individuals.
Thus, Judge William Scheibler did place the order of the amparo and ordered to carry out all formalities and necessary corrections to provide the plaintiff a new personal documents. "If While it is not possible to guess that the correct registration requested by the plaintiff alone can avert the difficulties in exercising the rights that states (and that would be common to a large extent to the group that integrates), it is certain that it can clearly be an important starting point, "said the magistrate
Source: Journal judicial Published
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