Argentina: Supreme Court Recognizes Transgender Group

For Immediate Release: Wednesday November 22, 2006
Media Contact: Hossein Alizadeh, 212-430-6016, halizadeh@iglhrc.org

(Buenos Aires, November 22, 2006) - Yesterday, the Supreme Court of Argentina ruled that official legal recognition must be given to the Association for the Struggle of the Travesti and Transsexual Identity (ALITT). The court decision overrules earlier decisions by the General Inspectorate of Justice (a division of the Argentinean Justice Department dealing with the registration of the NGOs, "Inspeccion General de Justicia" in Spanish) and the civil court, which declared that ALITT's goals were unacceptable as "going against the common good."

The Supreme Court's ruling not only extends recognition to ALITT as an organization, but gives full validity to the objective of advocating on behalf of the transgender community. The Court's ruling founded the denial of legal status to be unjustly discriminatory and a violation of the freedom of association.

Mauro Cabral, Trans and Intersex Consultant for the International Gay and Lesbian Human Rights Commission (IGLHRC) expressed his satisfaction with the ruling, "This is an incredible victory for travesti and transsexual communities in Argentina. The legal recognition given to ALITT constitutes a fundamental step in the struggle for travestis and transgender human rights in Argentina."

IGLHRC worked with ALITT's leading representative Lohana Berkins to prepare an amicus curiae brief. Ms. Berkins is a former recipient of IGLHRC's 2003 Felipa de Souza Award.

"We are very thrilled and proud of ALITT's achievement," said Paula Ettelbrick, IGLHRC's Executive Director, adding, "the legal recognition of the right to associate is a critical step of having a full voice in society."

The new court order comes shortly after the authorities in the Argentinean province of Mendoza repealed Article 80, which mandated punishment for those who “in daily life wear clothes or attempt to pass as someone of the opposite sex.” In practice, this article criminalized travesti and transsexual gender identity. Also on June 29 of this year, Argentina witnessed the first National Travesti, Transsexual and Transgender March in its history.

Nevertheless, travestis and transsexuals continue to be two of the most vulnerable communities in Argentina, frequently exposed to police violence, a repressive provincial penal code, and education, health, labor and housing discrimination.

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The International Gay and Lesbian Human Rights Commission (IGLHRC) is the only human rights organization solely devoted to improving the rights of people around the world who are targeted for imprisonment, abuse or murder because of their sexuality, gender identity or HIV status. IGLHRC addresses human rights violations by partnering with and supporting activists on the ground in countries around the world, by monitoring and documenting abuses, by engaging offending governments, and by educating international human rights officials. A US-based non-profit, non-governmental organization, IGLHRC is based in New York, with offices in San Francisco and Buenos Aires. http://www.iglhrc.org.