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Intersex rights in Argentina

Intersex rights in Argentina Argentina
Argentina (orthographic projection).svg
Protection of physical integrity and bodily autonomy No
Reparations No
Protection from discrimination No
Access to identification documents No
Changing M/F sex classifications Yes
Third gender or sex classifications No
Marriage Yes
Rights by country

Intersex people in Argentina have no recognition of their rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. Cases also exist of children being denied access to birth certificates without their parents consenting to medical interventions. The National Institute Against Discrimination, Xenophobia and Racism and civil society organizations such as Justicia Intersex have called for the prohibition of unnecessary medical interventions and access to redress.

The first public discussions on intersex issues in Argentina took place in 1995, and in 2005, regional trans and intersex activists first gathered. Argentinian intersex and transgender rights activist Mauro Cabral was a signatory of the Yogyakarta Principles in 2006. A collection of essays, titled Interdicciones was published in 2009.

The first UN report to condemn irreversible and involuntary medical interventions was published by Argentinian Juan E. Méndez, the UN Special Rapporteur on torture, in 2013.

In 2013, the UN Special Rapporteur on torture, condemned intersex medical interventions intended to “fix" the sex of children born with atypical sex characteristics, finding that this could lead to "permanent, irreversible infertility and causing severe mental suffering". The report stressed the powerlessness of stigmatized groups, and the centrality of informed consent. The report called for the repeal of laws permitting irreversible medical interventions, including coercive genital surgeries and gonadectomies. Similar calls have been made by the Inter-American Commission on Human Rights.

In a 2015 paper, the National Institute Against Discrimination, Xenophobia and Racism (INADI) called for recognition of the rights of intersex people to bodily integrity and autonomy in medical decisions. INADI called for the deferral of medically unnecessary interventions, and access to health for all intersex people regardless of prior medical treatment.


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