Neither male nor female. So two people in Mendoza asked him to prepare the documentation for the new documentation, indicating that the planned field of differentiation in the birth certificate would be empty. The Provincial Civil Registrar has accepted the request, supported by Eleonora Lamm, Deputy Director for Human Rights in the Supreme Court.
An official of the local court explained that the province's decision was of a historic nature because it was an administrative procedure. This means there was no need to intervene in the justice system.
A 420/18. No. Decision will serve as a precedent for other people who are in the same position and want to execute this request can be made faster because the bureaucratic path is concreted.
Lamm said he learned of the situation because the two people who recognized this right appeared in his courtroom. He applied for a prepaid procedure and demanded the transfer of gender in DNI.
"The person who asked for my help argued that she did not want to change because she did not identify with either a woman or a man, I told her that she was not legally able to identify with any gender and explained all the possibilities. the first case in the world, but we can try it.
The formal procedure has started: go to the Civil Registry to fill out the form. This body contains the first names that the person selects and places places that do not want gender in the second article of the Gender Identity Act.
The state organization asked Lamm for an opinion and did. "I claimed that the law on gender identity did not remain binary but would allow everyone's internal and individual sex experiences, as much gender and identity, and as many identities as there are people," the lawyer explained.
With this opinion, it launches a process in the civil registry where the arguments are exposed. "There were many meetings and discussions, and the application came to the governor," Lamm said, and stressed that the decision is important because it is the first case in the world as an administrative precedent as it does not include a gender definition. "In other countries that allowed U, X or something else, but do not leave it empty, it's allowed," he said.
Lamm, "this change broke the binarism and this facilitates the similar procedures that it intends to pursue. It is a historic step towards the true equality of every human being. Concerning binary identity, formulating gender considerations means categories that are missing from nutrition today , this is a step towards a world where everyone can be recognized. "
The provincial Civil Registrar, Enzo Rizzo, explained the legal arguments that were based on the approval of the application.
He recalled that Lamm argued that Article 26 743 of the national law of gender identity explicitly defines the recognition of the sexual identity of all persons in Article 2, and the free development of the person surrounding him is to be treated and identified in the accreditation of his identity.
In addition, Rizzo explained that this request was supported by the opinion of Counsel 24 of the United States Human Rights Court. Called "Gender identity and equality and non-discrimination for same-sex couples". This was requested by the Republic of Costa Rica, starting in 2017.
The official recalled that international treaties have institutional status in our country and that no norm can be prevented before the constitution. The Advisory Opinion ensures that the rules, decisions, or practices of domestic law, whether public or private, do not in any way reduce or limit the rights of a person based on sexual orientation, identity and expression.
With this base, in the opinion of Lamm, Rizzo approved the change.
With this decision, Mendoza becomes a pioneer, not in the country or in Latin America, but in the world as regards human rights.