Public Policies for , Gay, Bisexual and Trans in .

Proposal from the Argentine Federation of , Gays, Bisexuals and Trans of a federal public policy for citizenship of lesbians, gays, bisexuals and trans in Argentina. Plan de ciudadanía LGBT: de la igualdad legal a la igualdad real / con colaboración de Fer- nando Baggio; compilado por Maria Rachid; coordinado por Esteban Paulon. - 1a ed. - : Programa Naciones Unidas para el Desarrollo - PNUD; ONUSIDA, FALGBT, 2013.

60 p. ; 24x17 cm.

ISBN 978-987-1560-45-5

1. Ciudadanía. 2. Derecho. I. Baggio, Fernando, colab. II. Rachid, Maria, comp. III. Paulon, Es- teban, coord.

CDD 346

Diseño editorial: Martín Peretti Scioli www.MartinPerettiScioli.com.ar

Impreso en Maple Rosario S.A. Lima 762 - 2000 Rosario www.maplerosario.com.ar Table of Contents Municipal Councils...... 26 in the National Ministry of Social Development...... 43 Penalization of Discriminatory Acts...... 26 Orientation, Accompaniment, and Safe Spaces for Presentation...... 7 Experience: Legal Penalization of Discriminatory Acts LGBT Youth...... 43 in Rosario...... 26 Experience: LGBT Safe Spaces in San Juan...... 43 Public Policy for Inclusion and Real Equality Security and Prevention of by Esteban Paulón...... 9 Institutional Violence...... 43 Judicial Branch and Public Ministry...... 29 UN and LGBT Citizenship Plan Security Protocol for LGBT Individuals...... 44 by Martín Santiago Herrero...... 11 Specific Difficulties for LGBT Security...... 44 Experience: Federal Security Forces and the National Diversity, wonderful wealth Intervention by themes...... 33 Ministry of Security...... 45 by Alberto A. Stella...... 12 Experience: Protocol for Intervention of Security For- The Workplace...... 34 ces in Santa Fe...... 45 Public Policy for Lesbian, Gay, Bisexual, and Experience: The Textile Cooperative “Estilo Diversa Trans Citizens...... 13 LGBT”...... 35 Intervention for Specific Groups...... 46 Experience: Roundtable for Business Companies on LGBT Youth...... 46 Sexual Diversity...... 35 Executive Branch...... 17 Lesbians and Bisexual Women...... 48 The Healthcare System...... 35 National Secretariat for LGBT Citizens...... 18 LGBT-Friendly Health Care Centers...... 37 Trans Men and Trans Women...... 48 Experience: Hospital Fernández in La Plata...... 37 Actions in Provinces and Municipalities...... 18 Experience: LGBT-Friendly Medical Centers at LGBT Elders...... 50 Local Areas for Sexual Diversity...... 18 UNAIDS...... 38 Gay and Bisexual Men...... 50 Experience: Sexual Diversity Area in Neuquén...... 19 Experience: Medical Center at Hospital Fleming in San Experience: The Roundtable for Sexual Diversity in Rio Martín...... 38 Cuarto...... 20 Experience: Hospital Ramos Mejía in Buenos Aires....38 Experience: LGBT-Friendly Gynecologists for Lesbians Bibliographic References, Federal Council for LGBT Citizens...... 20 and Bisexual Women...... 38 FALGBT Staff, Credits and Dialog Table between Governments and the Acknowledgements ...... 53 Education...... 39 LGBT Community...... 20 Experience: Dialogue Table in Santa Fe...... 21 Culture and Sports...... 40

Legislative Agenda...... 23 Communication and Information...... 41

National Legislation...... 24 Social Development and Participation...... 42 Experience: National Coordination for Sexual Diversity Provincial Legislation...... 25

Presentation

7

country set a new international standard regarding Public Policy for Inclusion and Real rights of trans people, with no restrictions, without Equality pathology, and guaranteeing dignity, integral access to health care, and social inclusion. The first Plan for LGBT Citizens was created by the Argentina Federation of Lesbians, Gays, Bisexuals Nevertheless, the acceptance of these laws does not and Trans (FALGBT) after the Congress passed law stand to revert situations of exclusion and vulnerabili- 26.618 (Marriage Equality) in July 2010, and consis- ty that affect the LGBT community’s access to educa- ted of a series of actions and programs that should be tion, health, employment, quality of life, and rights in enacted to permit the consolidation of equality for the public and private spaces. LGBT community in our country. These situations particularly apply to trans indivi- The Plan also collected the expectations of our mo- duals. While their identity is recognized through a vement before the acceptance of the simple national procedure, they still face harsh cha- Esteban Paulón. President, FALGBT Law, which finally was passed in May 2012, five years llenges and situations of exclusion and after the FALGBT and the Association of Travestis, even greater than those that other members of the Transexuals, of Argentina (ATTTA) LGBT community have in their daily lives. presented the first bill on this area in the National Congress. It should be noted that during the period that has passed between the first Plan of Citizenship and There are many signs of the positive effects this legis- this second version, many people and organizations lation has on our society, such as profound advances have taken some actions with national and local go- in rights and the promotion of citizenship for lesbians, vernments throughout the country, both within the gays, bisexuals, travestis, and transexuals throug- FALGBT itself and its members organizations, some hout the nation. And this legislation continues to have of which are recognized in this publication as “good a positive effect throughout all of . practices” for the inclusion and promotion of LGBT rights. In the case of Marriage Equality, the law came to offer protection and acknowledgment to all couples and fa- As a consequence of the work that the FALGBT has milies, and promoted a debate that united all corners carried out since its origins, there have been a varie- of our country and allowed all members of our society ty of great successes, such as the Sexual Diversity to better understand the daily realities of so many Ar- Program of INADI in 2007, the creation of the Areas of gentineans who, until that moment, had been second- Sexual Diversity in the municipality of Rosario, Neu- class citizens. quén and Río Cuarto, the abolition in all provinces of the articles of the Fault Codes that penalized sexual In the same sense, with the law of Gender Identity our diversity, the installation of LGBT-specific spaces in 9 the National Ministries of Employment, Health, and Social Planning, the publication of educational mate- rial together with the National Ministry of Education to create an Integral Sexual Education program and the establishment of LGBT-friendly health care servi- ces in numerous provinces, whose number has only increased after the acceptance of the Law on Gender Identity.

These programs, and others that we recognize in this publication, are only some of the hundreds of exam- ples that the FALGBT and its partner organizations have designed and implemented during the past few years.

In light of the legislative advances and the public po- licies implemented in this year and a half since the original Plan was released, the FALGBT proposes to make a revision of this plan to reflect advances our community still needs and current struggles, reaffir- ming our desire to implement an integral plan of pu- blic policy based in the demands of lesbians, gays, bi- sexuals and trans in Argentina, and which spans all levels of government and all powers of the State.

In order to consolidate our achievements, to advance the pending agenda and so that equal justice be the base for social equality, we invite you on this journey with us.

Esteban Paulón President, FALGBT

10 contained in Universal Declaration UN and LGBT Citizenship Plan which state that they are universal and inaliena- ble, indivisible and interdependent, guaranteeing The re-edition, updated and expanded, of the “Plan equality and absence from discrimination while for LGBT Citizens – from legal equality to social encouraging the participation and inclusion of all equality” is a great opportunity for the continuity of people, promoting validity of the rule of law and public policies which Argentina has been develo- accountability. ping in the area of human rights, with a focus in in- tegration and inclusion of vulnerable populations. In the daily work in Argentina, the Agencies, Funds, and Programs of the United Nations, endorse the Such policies are in full accordance with the 1948 incorporation of the Human Rights Approach in all Universal Declaration of Human Rights and its decision-making processes and public policies as subsequent Treaties and Conventions that aim to a way to support the State in the deepening of de- the elimination and protection of all forms of stig- mocratic regime, in giving relevance to the rights ma, discrimination, or violence based on the diffe- of citizens and in the respect, protection, and gua- rences between human beings. rantee of full exercise of those rights.

In recent years, the country has engendered great Through the support of these initiatives, the United achievements in its legal framework that locates it Nations aim to encourage discussion and critical in an advanced position on enforcement of human reflection on relevant problems that make the de- rights, such as the Marriage Equality Act (July of velopment of the country. 2010) or the (May of 2012), but as clearly marked in the title of this plan, it is still We believe that by working daily in favor of plura- pending to consolidate these achievements for the lity, we build a fairer and more cohesive society, daily reality of thousands of people in the LGBT respectful of diversity. community. In conclusion, I thank all those who participa- According to the Human Rights Approach that pre- ted with their contributions on the redevelopment vails over the actions of the United Nations, the Se- of this Plan for LGBT Citizens and wish them the cretary General, Mr. Ban Ki-moon, has made re- greatest success in their efforts to achieve real in- peated calls to the member states to decriminalize clusion and equality. , eliminate violence based on gen- der identity, and eradicate all forms of stigma and Martín Santiago Herrero discrimination against sexual diversity. Resident Coordinator of the UN System in Argenti- na. Resident Representative of the United Nations This call is based upon the guiding principles of Development Programme (UNDP) Argentina 11 gender identity and expression. troy taboos and preconceptions and to build to- Diversity, wonderful wealth gether a pluralistic society that, based on the These elements of respect for the integrity of culture of rights, walks in the path determined In a secular, pluralistic, and democratic society, human beings are already clearly expressed by human development. Only then the supposed the participation of the social organizations is a in the Universal Declaration of Human Rights, universality of Human Rights will be able to be- cardinal element in the construction of the cul- adopted by the United Nations in 1948, whose come a reality. ture of rights, especially if we consider that it is first article states that “All human beings are precisely the sociological foundation that gives born free and equal in dignity and rights. They Alberto A. Stella content to human rights, legitimizes its dynamic are endowed with reason and conscience and UNAIDS Coordinator for Argentina, Chile, Pa- development, and invigorates the cultural and should act towards one another in a spirit of raguay and Uruguay political context of society. brotherhood.” It is clear that beyond the hetero- geneity of beliefs and worldviews, the philosophy The “Plan for LGBT Citizens – from legal equa- of human rights defends, from its anthropologi- lity to social equality” constitutes a document of cal essence, the concept of universality. unquestionable value, since not only promotes the culture of rights, self-determination, and so- History shows us that the denial of this basic cial coexistence as an ethical foundation for the principle of coexistence generates social injus- construction of society, but also provides a prac- tice and violence, undermining any sustaina- tical and conceptual base for the development ble development effort. Moreover, the sociologi- and implementation of public policies which gua- cal investigation shows clearly that the highest rantee equal access and opportunities for eman- level of innovation, central element of technolo- cipation and personal growth, reducing social gy and development, are achieved in social con- and individual vulnerability of citizens. texts with the highest levels of diversity in all its form: ethnic, sexual, nationality, artistic integra- Indeed, it is the legal framework of Argentina, tion, etc. undoubtedly revolutionary in the field of Human Rights, that enables this process of building ci- The Joint United Nations Programme on HIV and tizenship based on respect for an unquestiona- AIDS (UNAIDS) has always been committed to ble and fundamental premise: the identity, orien- participate in the public debate on this urgent tation, relations, and sexual, erotic and affective process of social construction and appreciates practices, on the basis of consent and full res- especially the organizations and social groups pect for personal integrity, constitutes an ina- that participated in the elaboration of this Plan lienable individual right, and the incumbency of for LGBT Citizens. the society or State is unacceptable; however, the State should ensure freedom and equality to all The goal is not to overshadow diversity, wonder- 12 citizens, regardless of sex, sexual orientation, or ful wealth of the human race, but rather to des- Public Policy for Lesbian, Gay, Bisexual, and Trans Citizens From legal equality to social equality

13 Public policy is defined as “the joining of actions—and rejected and made invisible the expressions of affec- of an object in a politically correct manner.” omissions—that manifest a determined modality of tion or diverse eroticisms, defining these situations as State intervention to a question that warrants the at- private and—as a consequence—justifying a lack of When lesbian, gay, bisexual and trans citizens beco- tention, interest, or mobilization of other actors in civil public policy, the Argentine State now has a proactive me visible, tolerance disappears to give place to a di- society. From this intervention one can infer a certain attitude that, joint with organizations from civil socie- fferent definition that each subject posess about the direction, a determined normative orientation, that ty, has accompanied legislative, executive, and social diverse “object” in respect to heteronormativity. This will affect the future course of social progress of the advances for the equality and towards ending discri- is a definition that is outside the social imagination or previously designed response to the question» (Oslak mination against the LGBT community. collective representations. It can be affirmed then and O’Donnell, 2007). that the private is not always “private”, in so much as it In other words, we can say that regarding sexual di- is regulated socially. In this sense, a question arises when the State in- versity the State evolved from denying the legitima- tervenes in a true sense “taking sides” through ac- cy of the LGBT community, persecuting and suppres- It is in this context of uncertainty, of transition, of stig- tion or by omission. In the first case, this could signify sing expressions of diversity, to one that has passed matization and social exclusion, but also of «toleran- the process of legitimacy for a question, contributing on to a stage we could call “tolerance”, taking steps to ce», of building of a democratic regime and of creation to accelerate already present processes and trends, include the LGBT community. of a hierarchy of human rights, that we lesbian, gay, moderating others, or simply blocking them. bisexual and trans citizens have made our presence In this respect, Flavio Rapisardi explains that “to set visible to advance our rights. This has forced a new In the second case the State may have taken the de- the stage, the 18th century found ‘tolerance’ to be a current meaning for sexual diversity which focuses cision to wait until the question and the position of the formula to combat discriminatory practices. After on recognition and the pursuit of equal civil, political, distinct actors are clearer, leaving the matter to re- more than two centuries this liberal formula has per- and social rights. solve itself in a private environment between the par- mitted social coexistence and true cultural produc- ties involved. The State may also wait considering that tivity, but we cannot continue thinking in the same We have been able to overcome a lack of recognition inaction is a more appropriate method of preserving terms, in the sense that an anti-discriminatory poli- of rights to instead create our own full citizenship and or augmenting the political resources of the regime. cy has to overcome the implicit hierarchy in this term. to leave behind this paradoxical subjects we were, For this today we speak of ‘diversity, equality, and a who needed to split themselves to be able to belong In this way one can define diverse situations in which lack of discrimination’ as a better term than the an- to a society that asked them to deny their essence. A the State, through various devices and instances, de- tiquated tolerance that our ancestors proposed to kind of subject “that is, but is not”. cides—or does not decide—to involve itself in a pro- combat religious clashes.” cess of social change, with the primary goal being Anyway, it is clear that “Beyond the specific legislation to assume positions that could potentially alter the In addition, Ernesto Meccia (2006) says that “to con- against gender-based discrimination, sexual orienta- power dynamic of the actors involved, including the sider homosexuality as a private conduct and (only) tion or sexual identity that has been sanctioned since State Itself. then as a destination of tolerance, is to imply a pre- the 1980s, the discourse in public policy, as well as the vious definition of adverse character without which State’s administrative routines, promote sexual cate- In the concrete case of the relation between the State tolerance would not have a reason to be (...) Basically, gories and genders that constitute gay, lesbian, bi- and sexual diversity, there has been courageous— tolerance functions as a kind of semantic equivalent sexual, trans, and intersexual individuals as subjects 14 though insufficient—progress. Originally a State that in a language which translates the worst definitions excluded from citizenship.” (Moreno, in Pecheny, Fí- gari and Jones, 2008). titutionalized, a space that is needed without delays disadvantages1. and that permits full equality for lesbian, gay, bisexual As organizations of sexual diversity we have pursued and trans citizens. Human Rights: The rights of LGBT citizens are a definition that reflects the role that we must comply Human Rights, as outlined in the National Constitu- with for to effectively planning and creating public po- This proposal, presented by the Argentine Federa- tion and national treaties, and in their own right are licies. These roles are determined by the relation that tion of Lesbians, Gays, Bisexuals and Trans, has as a inalienable rights, regardless of social conditions, se- has been established between the standards of de- primary goal to continue reducing the legal discrimi- xual orientation, or gender identity, nor the convic- sign, the concept of the individual, society, and the ex- nation against the LGBT community, and additionally tions or beliefs of any other circumstance. pectations that we have as actors in civil society. to ensure that the legal equality we have won in the last few years translates as well into the reduction of Joint Responsibility: The guarantee, promotion, and It is within a critical analysis model that as organiza- segregation and social stigmatization that historica- defense of LGBT rights is the prime responsibility of tions we can question social politics, with the objecti- lly this population has suffered from in Argentina and the State, and, to a lesser degree, civil society. With ve being to gain the perfection of necessary policies. worldwide. This plan is an aid to obtain full citizens- the participation of the two, the State has the obliga- This creates a feedback loop that can manifest itself hip and social visibility for everyone, in whichever en- tion to prevent, investigate, and sanction all forms of both in contributions to the perfection of policy as well vironment or space, in any town or city in Argentina. violence against the LGBT community and design po- as to tensions and crises during confrontations with licies that protect their rights. policy drafters. With this ambitious but clear objective, this text pro- poses a variety of actions in the government in a va- Integrity: Public policy must include each LGBT per- In the large cities of our country this theme has been riety of settings, treating the theme of sexual diver- son into its political, social, cultural, economic, erotic- gaining ground even before being able to count on, sity with a global perspective and including diverse affective and psychological dimensions. in many cases, a systematic national approach or expressions in daily life. This plan focuses on the le- a plan or program that coordinates actions and/or gislative, executive, and judiciary branches of go- Autonomy: We all have the right to our own decisions campaigns between the State and civil society. More, vernment, as well as the workforce, the health care and to exist freely in all parts of public and private barring exceptions, the strength of the movement system, the educational system, culture, communi- live. Autonomy is a crucial part of liberty and self-ex- has been in general isolated or very punctual, re- cation, participation, and solidarity. pression—as long as it does not directly affect a third lating in the majority of cases to HIV-AIDS, civil and party—and constitutes sex-positive expressions and social rights, or in other very specific and focalized The actions we propose in the following chapters are campaigns. based in the following principles: 1 In the area of health, for example, inequities place populations that are already at a social disadvantage In the same manner that programs and actions are Equity: As lesbian, gay, bisexual and trans individuals for their sexual orientation or gender identity in situations implanted, designed to construct a rich citizenship for we have the right to enjoy the same rights and oppor- of even worse disadvantage. The high frequency of HIV in everyone, destined for diverse sectors of vulnerability tunities as our fellow citizens, and it is the responsi- trans women and gay and bisexual men is an example of in the population, it is of vital importance that from the bility of the State in all of its levels to guarantee this this (90 and 30 times more on average, respectively). This State—national, provincial, and municipal—, in a co- equality. In this equality, there must not be disparities, can include other determinants as well, such as living in herent manner with social policies that have been de- systematically associated with social advantages or poverty, being female, and situations of stigma and discri- 15 veloping, a specific work space be visibilized and ins- mination. gender identity in private settings. This framework more just and equal society, with a diversity of affec- of fundamental guarantees should be implemen- tions, sentiments, sexualities and genders, all of ted within the current social model and cultural he- which undeniably reflect the ability of our country to gemony in which the free expression of people with a respect the plurality and diversity of her citizens. sexual orientation or gender identity that is not hete- ronormative is prohibited.

Coordination: All public organizations—in all bran- ches of the State and in all levels of government— that have within their functions the attention and gua- rantees of the rights of citizens, should consider the protection of LGBT citizens. This framework should recognize and execute affirmative and coordinated actions with an end to present integral and opportune care to this population.

Diversity: Differences, plurality, multicultural and in- tercultural values and traditions, singularity, crea- tivity, and the design and the distinct gender identi- ties and sexual orientations are intangible values that should be respected and valued, in agreement with the larger framework of human rights and constitu- tional principles.

Participation: Organizations and political establish- ments that work for the recognition and respect of se- xual diversity and gender identities should be promo- ted with the end of adding to their political influence. They should also be allowed to search to consolida- te processes that create social and cultural change, that allow for the construction of common agendas, and for the recognition of political, economic, and so- cial rights.

With the actions and programs proposed in this plan 16 we dream of an Argentina that advances towards a Executive Branch «In order to deepen the actions towards real equality of the LGBT community, both regarding opportunities and treatment, it is required to raise the level of articulation of affirmative policies throughout the diverse areas of citizenship».

17 Since its origins in 2005, the Argentine Federation Regarding educational material, the FALGBT par- nizations from civil society, and transferring resour- of Lesbians, Gays, Bisexuals and Trans has desig- ticipated in the creation of diverse materials to- ces and institutional help in the areas of training and ned its actions based on a concrete agenda orien- gether with the Ministry of Education to fight to planning. ted to promote the equality of the LGBT community include sexual diversity in the Integral Sexual Edu- in all social spaces, associations and institutions. cation. These efforts included the publication “In- tegral Sexual Education in the Families”. This agenda contributed to a growth of important PE2. Actions in Provinces and Municipalities legislation, such as the Marriage Equality Act, The At the provincial and local level the FALGBT parti- Law of Gender Identity, and the repeal of the Codes cipated actively in the creation of Areas of Sexual Provinces and Cities, due to their scale and the clo- of Offenses and Misdemeanors in several provin- Diversity in Rosario and Neuquén, devising at the seness of their efforts with the population, are privi- ces of our country. same time a plan with a framework for LGBT citi- leged environments for the implementation of public zenship within the Government of the City of Bue- policies that attend the needs of specific groups. The agenda of the FALGBT also created concre- nos Aires. te public policy which promoted institutional spa- In this sense, the creation of local Areas of Sexual Di- ces not only in the national government, but also in Being aware of the need to deepen and organize versity and the promotion of roundtables for dialogue provincial and local governments, with an end in these actions, we promote a series of public poli- between provincial or municipal governments and mind to create tools that would aid in the agenda of cies that we enumerate and detail below. We also civil society organizations can be pertinent strategies sexual diversity, transversally to all parts of public present throughout this publication some good to promote specific policies for the LGBT community. policy within the State. practices that with the work of FALGBT could They are also fundamental tools to combat discrimi- become implemented and had very interesting nation and guarantee full citizenship for LGBT people. In that framework we can locate the creation of the results. first National Program for Sexual Diversity in the Local Areas for Sexual Diversity Institute Against Discrimination, Xenophobia, and Racism (INADI), who was ultimately headed by the Though local governments cannot very well substi- then-President of the FALGBT, María Rachid. PE1. Creation of the National Secretariat for tute for provincial and national governments, many LGBT Citizens times they are more accessible to the population and Following in this same line, this framework crea- play a fundamental role in promoting equality and en- ted a specific program for Sexual Diversity in The Secretariat is intended to be able to articulate ding discrimination against the LGBT community. the National Ministry of Work, the institution of a and orient the various actions of the Argentine State Roundtable for Sexual Diversity in the National towards the protection, promotion, and guarantee of To this end, the FALGBT promotes the creation of Ministry of Health, and most recently—after ne- rights for the LGBT community. local areas that design and execute active public gotiations between the FALGBT and national offi- policies for the construction of a rich citizenship for cials—the creation of the National Coordination for In this sense the Secretariat should coordinate ac- people with diverse sexualities. Sexual Diversity in the National Ministry of Social tions with all Ministries involved in the implementa- Planning. tion of actions and policies at provincial and municipal These Areas should work with actions that the local 18 levels, convening with local governments and orga- government designs for the protection, promotion, and augmentation of LGBT rights, at the same time local governments, coordinating events and Offenses and Misdemeanors that penalized sexual di- creating programs of equality for its employees. commemorations, as well as an agenda that is versity. This was achieved in August of 2011. thematically linked. Amongst the principal goals of the Areas for Sexual In 2012, the “Mesa Nacional por la Igualdad Neuquén”, Diversity we can mention: • Implementing programs that guarantee the “ATTTA Neuquén” and the association “Conscience equality of opportunities and treatment for its VIHda”—all of them organizations belonging to the • Promoting equality and ending discrimination employees. FALGBT—presented a bill to promote labor inclusion against the LGBT community, and guaranteeing for the trans community. the highest level of inclusion within public poli- cies and local government. In addition, a project was initiated to create in the pro- > Experience: Sexual Diversity Area in vincial government an area of Sexual Diversity and to • Driving the creation of an Integral Program for Neuquén declare May 17th as a provincial holiday, marking the attention and information for LGBT persons. fight against discrimination of gender identity and se- On the 25th of November 2010, a few months after the xual orientation. • Offering special services oriented to the LGBT approval of Marriage Equality Act, the President of population. “Mesa Nacional por la Igualdad Neuquén” met with Currently the area is directed by another represen- the then Mayor of the City of Neuquén, Lic. Martin Fari- tative of an organization of the FALGBT, trans activist • Promoting the diffusion of precise and clear in- zano, to discuss a project that would create in that city Victoria Arriagada. formation that permits the deconstruction of a position of Director of Sexual Diversity. The respon- myths and prejudices related to sexual orienta- se of Mayor Farizano was immediate: “Let’s do it now! tion and gender identity, keeping in special con- Everything we can do to increase access to rights and sideration those prejudices that are most local to generate public policies, to create a city with more > Experience: The Roundtable in nature. equality between its neighbors, we are going to do it.” for Diversity in Rio Cuarto

• Increasing public knowledge regarding the de- In just a few short months the Direction of Sexual Di- The “Roundtable for Diversity in Rio Cuarto”, province sign of LGBT-specific policies. versity was created and Adrián Urrutia, a local re- of Córdoba, was born in 2009 as a space for local and ference for sexual diversity and a member of the regional focus, integrated with organizations, groups, • Facilitating access for all people, independently FALGBT, was designated as Director. and people that work for the equality of rights and op- of their sexual orientation or gender identity, or portunities for all. Its primary objective was to promo- individual resources, to all services for health, Amongst the first measures they took, we cam men- te the participation and association of the LGBT com- culture, sports, education, and recreation that tion the creation of a Council for LGBT Consulting in munity, as much in social life as in political life in the the municipality or community offers. which representatives were placed from all the or- country. It is an open space that promotes in the city: ganizations in Neuquén working with sexual diversi- • Contributing to the strengthening of organiza- ty. Conversations were also initiated with deputies and • Cooperation and exchange of information between tions that work with this specific theme and fa- provincial deputies in all political parties to request organizations of civil society that work for equal cilitating conversation between civil society and that the Legislature remove the articles of the Code of rights and opportunities for all. 19 • Increased visibility of the LGBT community and its Since its beginnings, the roundtable has achieved the • To frame these national actions between the Na- issues, particularly in the public agenda. acceptance of the Ordinance for Civil Unions, the mo- tional State, the subnational states, and the orga- dification of the ordinance against discrimination, the nizations that work throughout the country. • Integration of the city, the region, and other provin- inclusion of the topic of gender identity and diversity cial, national, and international organizations. in the Code of Public Spectacles, and the creation of • To monitor the compliance of the objectives pro- a municipal program of sexual diversity and gender posed by the Secretariat. • Consolidation of spaces especially oriented to de- identity. sign and implement public policies for the LGBT • To incorporate proposals in the work list for the community. National Government.

Entre los objetivos de la Mesa podemos destacar: PE3.Creation of a Federal Council for LGBT • To present projects and monitor their execution. Citizens • Promotion of the acceptance of diversity and the • To transfer resources to all the intermediating respect of being different, as well as the fight aga- To improve the coordination of the proposed actions actors. inst all types of discrimination. and to guarantee similar implementation at a federal level, the Federal Council would be a mixed participa- • To promote the formation, empowerment, and • Work to increase access of the LGBT community to tive space in which representatives of the provincial education of all the diverse actors participating in all civil and human rights. governments, together with LGBT organizations at a the design and implementation of public policies national level, and coordinators for the Secretary for for LGBT citizens. • Generation of spaces for dialogue within the media. LGBT Citizens, would share in turn at the same table the design, implementation, and continuation of pu- • Articulation of our demands and requests with blic policies throughout the country. other organizations to encourage the design of PE4. Dialog Table between public polices for the LGBT community and for its The objectives of the Federal Council would be: Governments and the LGBT Community most vulnerable sectors: people in situations of poverty and exclusion, women, trans individuals, • To organize an Annual Conference for LGBT Citi- The possibility of generating spaces for dialogue and youth, and the elderly. zens to promote a space for work and exchange exchange between organizations of civil society and between the National Government and the or- government entities is of fundamental importance • Increasing public understanding of issues regar- ganizations of civil society, as well as to evaluate to promote civil and human rights and for the LGBT ding health care and prevention of diseases. the advances and implementation of public policy community as a whole. throughout the country, and to plan the actions to • Encouragement of LGBT-specific studies and be designed. The FALGBT promotes the construction of dialogues research. at a provincial level as well, which constitute valid • To collaborate with the Secretary in the design and spaces for the collective construction of an agenda of • Compromise with local security forces for a more implementation of said policies and to advise the equality, in a united force from both civil society and 20 just and equal society. Secretary in this process. the government. These discussions should have as main goals: La Mesa —coordinada desde el Ministerio de Desa- Plan for LGBT Citizens—and permitted represen- rrollo Social provincial— se dio un funcionamiento tatives from social organizations working with se- • To articulate the initiatives that are designed by the mensual que alternó entre las dos principales ciuda- xual diversity to occupy the same working space as organizations and associations with the actions des de la provincia, a fin de garantizar la mayor parti- representatives from the nine ministries of gover- that currently or in the future would protect and cipación de activistas de todas las ciudades. nment in . promote LGBT rights. Por parte de las organizaciones sociales, en el primer • The Roundtable, coordinated by the provincial Mi- • To install across all levels of government the gua- encuentro de la Mesa participaron la Federación Ar- nistry of Social Planning, met monthly, alternating rantee of rights for people with sexual orientations gentina LGBT, la Asociación Travestis, Transexuales between the two main cities in the province, to gua- and sexual identities that are not heteronormative. y Transgéneros de Argentina, VOX AC, Unidos Todos rantee the best possible participation of activists in AC, SOMOS, Las Safinas, Comunidad Trans, MISER, both cities. • To identify the difficulties and restrictions that the Grupo de Diversidad Sexual de la Juventud del Par- LGBT population has in each province. tido Socialista, Putos Peronistas y Movimiento Evita • Representing social organizations, participants in Diversidad. the first meeting included the FALGBT, the Asso- • To construct, in a joint exercise between the go- ciation of Travestis, Transexuals, and vernment and civil society, an agenda of actions En representación del Gobierno de Santa Fe partici- in Argentina (ATTTA), VOX AC, Unidos Todos AC, and public policies that the State designs for the paron la Ministra de Desarrollo Social —Lic. Mónica SOMOS, Las Safinas, Comunidad Trans, MISER, protection of the LGBT community throughout the Bifarello—, la Directora de Políticas de Género —Ps. Grupo de Diversidad Sexual de la Juventud del provincial territory. Mercedes Martorell—, el Secretario de Intercultu- Partido Socialista, Putos Peronistas and Movi- ralidad en Salud —Dr. Daniel Tepaz— y funcionarias miento Evita Diversidad. y funcionarios de los Ministerios de Trabajo, Cultura, Educación, Seguridad, Justicia y Derechos Humanos • Representatives for the Government of Santa Fe > Experience: LGBTIQ Dialog Table included the Ministry of Social Planning, Lic. Mó- in Santa Fe Asimismo el encuentro contó con la participación del nica Bifarello, the Director of Gender Politics, Ps. entonces Coordinador residente de ONUSIDA para el Mercedes Martorell, The Secretary for Intercultu- El 23 de marzo de 2012 se realizó en la ciudad de Rosa- Cono Sur, Dr. Rubén Mayorga. ral Health Care, Dr. Daniel Tepaz, and representa- rio la primera reunión de la Mesa de Diálogo LGBTIQ. tives from the Ministries of Work, Culture, Educa- La Mesa fue instituida a partir de una propuesta de la Desde entonces, y a lo largo de las sucesivas reunio- tion, Security, Justice, and Human Rights. FALGBT y sus organizaciones miembro en Santa Fe nes mensuales, la Mesa de Diálogo LGBTIQ de Santa —en base a las recomendaciones de la primera edi- Fe promovió las siguientes acciones: • Likewise, the meeting had the participation of the ción del Plan de Ciudadanía LGBT—, y permitió sentar then resident coordinator of UNAIDS, Dr. Rubén en un espacio común a referentes de las organizacio- • On March 23, 2012, the Roundtable for LGBTIQ Dia- Mayorga. nes sociales de la diversidad sexual y a representan- log met for the first time in Rosario. The roundtable tes de nueve ministerios del gobierno de la provincia was instituted after a proposal from the FALGBT • Since then, and mostly due to the successive de Santa Fe. and its member organizations in Santa Fe—based monthly meetings, the Roundtable of LGBTIQ Dia- on the recommendations of the first edition of the logue in Santa Fe: 21 22 Legislative Agenda «The signing into law of the laws of equality in 2010 and 2012 has sig- nified an enormous advance for inclusion and citizenship, but further action is still needed to permit lesbian, gay, bisexual and trans citi- zens the full exercise of their rights throughout the country».

23 The passing of legislative instruments that promote FALGBT, together with ATTTA, in 2007 and passed in families with tools for adequately treating these pro- and guarantee rights to diverse vulnerable communi- May of 2012). blems in all education institutions in the country. ties or remove existing discriminatory barriers cons- titute central tools, as much for the States as for the While it is true that both laws constitute an enormous LN4. A law for a “National Program of Integral Trans vulnerable communities themselves. improvement in the exercise of citizenship for the Health” in the area of the National Ministry of Health, LGBT community, there still remain many obstacles that guarantees a minimum and uniform level of For instance, regarding Codes of Contraventions for the full exercise of civil and human rights. compliance with the Law of Gender Identity in all ar- throughout the provinces—which has been one of the gentine provinces and the City of Buenos Aires. primary points of the FALGBT’s agenda since its orig- For this reason, we as FALGBT promote the initiatives ins—there is much to say about progress. detailed here, convinced that the National Congress LN5. Law of Subsidy for the trans community, which should pass them to provide a legal mark which com- would guarantee a minimum income for trans citi- At the moment of the creation of our Federation, four- plements and adds to what there has been already zens over thirty-five years of age, considering the si- teen provinces penalized the expression of “trans- achieved. tuation of profound historical vulnerability they have sexuality”, “scandalous ”, “assault against faced. decency” or “sexual vice”, which is only to mention LN1. New law regarding discriminatory acts that some of the figures that the security forces used to marks sexual orientation and gender identity or ex- LN6. Declaration and incorporation into the school persecute the LGBT community, especially trans pression as “discriminatory pretexts”, at the same calendar of the commemorative dates of the LGBT women. time incorporating the presumption of moral dama- movement, instituting these days: May 17 as a “Na- ge, reversing the burden of proof for the discrimina- tional Day Against Discrimination based on Sexual After a national campaign, led by the FALGBT and tory nature of the actions (except in penal processes), Orientation and Gender Identity or its Expression”; ATTTA, the abolition of these figures in all provinces respecting the legitimacy of the ONGs to act in judicial March 7 as a “Day of Lesbian Visibility”, remembe- of the country was achieved, which signified an enor- processes against discrimination and the establish- ring the murder of Natalia “Pepa” Gaitán at the hands mous advance for the removal of obstacles towards ment of aggravating circumstances for hate crimes of her girlfriend’s stepfather; and March 18 as a “Day an LGBT citizenship free of discrimination. based on “suspect classifications”. for the Promotion of the Rights of Trans People”, in commemoration of the death of Claudia Pía Baudrac- LN2. A law that guarantees a nondiscriminatory co, a trans activist who founded both ATTTA and the treatment to the LGBT population regarding blood FALGBT. National Legislation donation and the prohibition of using medical history forms to define the capacity of an individual to dona- LN7. Approval of a new Adoption Law in the frame of Likewise, at the level of national legislation, Argentina te blood based solely on sexual orientation or gender the Convention For Children’s Rights, and Law 26061 is a model country worldwide for the way it regards identity, which perpetuates discriminatory ideas and for the Integral Protection of Youth. sexual diversity, after the acceptance of what we call stigma. “laws of equality” by the National Congress. By this LN8. Approval of a Law for Equality of Opportunities we mean the laws of “Marriage Equality” (presented LN3. Law for the prevention, attention, and elimina- and Treatment for LGBT Persons, that would promo- by the FALGBT in 2005 and passed by both chambers tion of all forms of bullying, that establish specific and te the uniting of positive actions that work to end dis- 24 in July 2010) and “Gender Identity” (presented by the concrete public policies and provides the schools and crimination and unequal treatment towards the LGBT population, paying attention to the particular circum- pational Blood Analysis” in order to end the frequent Provincial Legislation stances that LGBT people face in their familial, edu- violation of confidentiality regarding an individual’s cational, and laboral situations. status of HIV or other STIs. Given the federal character of the institutional orga- nization of our country, legislative proposals exist that LN9. Modification of the labor legislation, referring LN16. “Human Assisted Reproduction Act” without should be facing provincial legislatures, either becau- specifically to motherhood and fatherhood leave, as discrimination, to ensure the ability to form a family se the material responds to matters not delegated to well as the provision of postnatal care on behalf of one for all couples in public and private health services, the federal government, or because specific local va- of the two people of the couple according to the deci- regardless of marital status and sexual orientation. riations would enhance the scope of the legislation. sion taken from common accord, leading to the ex- pansion and equalization of both parent’s leaves. LN17. Approval of the Secular Education Act that Even more, the legislative advances proposed at a would guarantee the constitutional right to educa- provincial level and/or a municipal level could provi- LN10. Acceptance of a law of “Access and Perma- tion in a framework of equality for all citizens and to de useful tools to combat discrimination. In many si- nence in the Workplace Without Discrimination in All end the practice of religious education in state-run tuations local legislation results in more pertinent ac- Work Environments”. schools in all provinces. tions to complement the national legislation.

LN11. Law creating a special advocacy for Sexual Di- LN18. Regulation of “” to ensure equal ac- In this sense, we propose to provincial legislatures versity in the area of Human Rights Secretariat. cess to parenthood for all couples, regardless of their the following list, which is by no means exhaustive. marital status and sexual orientation or gender iden- LN12. Creation of legislation that promote measures tity of its members. LP1. Complete abrogation of the Codes on Offenses to eradicate discrimination based on sexual orienta- or Contraventions, especially in the articles that pe- tion or gender identity in all forms of media commu- LN19. Approval of the “Comprehensive Law for Trans nalize—openly or undercover—sexual orientations nication, insuring the respect of different sex-positive People”, which aims to ensure trans people the full that are not heteronormative, travestism, trans- expressions and gender-positive expressions in the and equal enjoyment of their rights and freedoms in sexuality or sex work. audiovisual media and the press. education, health, employment and social security. LP2. Elimination of the norms that allow the provin- LN13. Creation of a figure of the “Cohabitation Unions” LN20. Changing the rules for “criminal records cial security forces to detain LGBT citizens under the that would guarantee rights and protection to all cou- check” done by the police ex-officio, which is fre- pretext of «criminal records check». ples who are not married, regarding patrimony, pre- quently used by members of the security forces to vision, and social security, among other matters. pursue and arrest gays, lesbians, bisexuals and—es- LP3. Incorporation of the theme of sexual diversity in pecially—trans people, and to ensure that no one is provincial public policies regarding social inclusion, LN14. Update to the rules on filiation, to match the detained or persecuted for his/her sexual orientation youth, and childhood, between others. rights of all children, regardless of sexual orientation or gender identity or expression. and marital status of their parents, incorporating in LP4. Acceptance of Integral Provincial Laws for Trans particular the principle of “procreational will”. Individuals, which would secure the full and equal exercise of rights and liberties, in particular access to LN15. Enactment of legislation regarding “Pre-Occu- education, healthcare, and housing. 25 LP5. Promotion of legislation that would guarantee Offenses. In particular, closing down shops, restau- tions of immediate repair towards targeted groups or the secular nature of public education at all levels and rants and other public access places that do not com- individuals. educational modalities, and the effective implemen- ply with the national, provincial and local legislation tation in the schools of the contents of Law 26150 on regarding discrimination. Integral Sexual Education. > Experience: Legal Penalization of Discriminatory Acts in Rosario Penalization of Discriminatory Acts Municipal Councils The city of Rosario is one of the cities that has advan- For their recently amplified abilities and for their clo- ced most regarding the protection of rights for various In the municipal area there are specific competences seness with their citizens, municipal governments vulnerable groups of people. Within this framework and particular situations that need an approach to se- are ideal to promote policies of prevention and pena- the Municipal Council approved in 1996—with the now xual diversity from the Municipal Deliberative Coun- lization for discrimination based in sexual orientation extinct Colectivo Arco Iris—ordinance 6321, known as cils. Some examples we could mention follow. and gender identity or its expression. “anti-discrimination”. This was the first law—excep- ting a similar clause in the Constitution of the City of CD1. Creation of public spaces—plazas, pathways, The acceptance of ordinances with a local charac- Buenos Aires—to recognize the right to be different, etc.—in order to visibilize Sexual Diversity and its ter should guarantee the “right to be different” and and no longer accepting discrimination for, between expressions. express clearly that in the cities “discrimination is other pretexts, sexual orientation. not allowed in any shape or form, including segre- CD2. Incorporation of relevant names and dates for gation, exclusion, restriction or impairment for re- In 2005, after VOX AC’s petition—a founding organiza- sexual diversity—such as activists known for their asons of race, ethnicity, gender, sexual orientation, tion of the FALGBT—the same Council approved a new path in the promotion of rights for the LGBT com- gender identity, religion, ideology, opinion, nationali- Ordinance, Number 7946, to add to the discriminatory munity—into the urban nomenclature of streets and ty, physical characteristics, psychological state, so- pretexts “gender identity” and include in the Municipal buildings. cial, economic, or any other circumstance that im- Code of Offenses concrete penalizations applicable to plies distinction”. those sites and public spectacles in which discrimina- CD3. Declaration of municipal commemorative days tory acts occur under these pretexts. for relevant dates in the sexual diversity movement Likewise the municipalities should guarantee policies and organization of thematic cultural events for the that promote the removal of obstacles of any order Rosario became the first city in Argentina to concre- occasion. In particular, collaboration with civil socie- that—limited to within their legislative scope and li- tely penalize discrimination, which obligated the cons- ty in the organization of Pride Marches, Picnics for berty—impede the full exercise of citizenship of any truction of other local policies to guarantee a process Familial Diversity and other celebrations of Sexual person, their integration, or effective participation in of reports, adequate legal processing of these re- Diversity. political, economic, social, or cultural community life. ports, and the general acceptance of the right to be di- fferent in the local environment. CD4. Elaboration of legislation that would guarantee Even more, in the majority of cases, the power of mu- equality and prohibit discrimination, including con- nicipal police would facilitate the rapid sanction of Numerous municipal areas, including the Urban Mu- 26 crete penalties for those cases in Municipal Codes of the discriminatory attitudes and could promote ac- nicipal Guard, the Department of Inspection, the De- partment of Sexual Diversity and the Office of Human Rights, have since established a procedure so that vic- tims can report claims.

This process consists of a toll-free line which details of the procedure, and the local intervening areas which can evaluate claims and apply concrete administra- tive sanctions. All actions are jointly coordinated with the municipal government to protect the rights of the LGBT community throughout the city, a charge for which the Secretary of the Municipal Government is responsible.

27 28 Judicial Branch and Public Ministry* «Considering the rights achieved in legislative terms, the LGBT com- munity has serious difficulties in accessing justice and the full exerci- se of their constitutional rights with equal opportunities».

(*) TN: In Argentina the Public Ministry is an autonomous two-headed organism, consisting of the Public Fiscal Ministry, which commands 29 the work of all attorneys in the Nation, and the Public Ministry of the Defense, commanding the work of all Public Defenders. The Judicial Power has gained an increasingly impor- in May 2012. Even more, the case of Trinidad set a new cially the security forces—reinforces the challenge of tant role in guaranteeing rights and liberties within world standard regarding the recognition of gender designing policies for the intervention of judicial orga- the new Constitutional State of Law. Keeping in mind identity, guaranteeing the right of identity in terms nizations equipped with the specific knowledge nee- that in Argentina various international treaties of that would eventually be included in Law 26743, which ded to interact with the LGBT community. Human Rights have been incorporated into the Natio- is to say, without requiring medical diagnosis of any nal Constitution but whose guarantees have not been kind or psychiatrists, nor any test, and without neces- Currently members of the community affected by adequately reflected in the legislation, the Judicial sity of surgery or treatments of any kind. This model situations of violence in many occasions do not un- Power is more and more frequently the state branch of recognition for gender identity without subsequent derstand how to access the judicial system, and lack that can initially help support these new matters and pathological diagnoses which were present in all the mechanisms that offer confidentiality for the reali- demands from social groups and individuals. pleas submitted by the FALGBT and its founding or- zation of claims and the initiation of judicial proces- ganization ATTTA and in the bills for Gender Identi- ses. As a consequence, the problem is undervalued The justice system was central in the strategy that ty that were presented to the Congress, set a unique or made invisible, which adds to a spiral of violence the FALGBT’s judicial team designed to introduce the precedent in the world and are beginning to be imita- and exclusion. laws of “Marriage Equality” and “Gender Identity” in ted by other countries. Argentina. There is a clear need for more statistics from the But while these relevant gains are reflected in the na- maximum authority of the Judicial Power to be able to Complementing the legislative strategy, the FALGBT tional legislation, the Judicial Power still holds a stra- analyze the true magnitude of the phenomenon. This initiated the judicial path towards “Marriage Equality” tegic role to guarantee the enjoyment of other es- will contribute to the design of future prevention cam- in February 2007 by presenting a demand of uncons- sential rights in cases where the legislation is less paigns for violence and abuse and will be an impor- titutionality regarding the law of Civil Marriage for the clear, insufficient, or where its application is less than tant element for modifying the perception of this type case of María Rachid and Claudia Castro. After this satisfactory. of violence and ending prejudices that are currently first complaint (rejected in the first and second ins- held over whether it is a question that remain in the tance on grounds that—for the sake of politeness— Such were the cases of recognition of joint mother- private sphere. we could qualify as unfortunate, and then reached the hood and joint fatherhood based in the doctrine of Supreme Court of Justice of the Nation) more than “Procreational Will” in cases of assisted fertilization Adding to this is the specific problem of LGBT per- hundred cases in all of the country were presented. In and in cases of surrogacy, which are amongst the sons who are detained or imprisoned, who in many nine of these cases favorable sentences were achie- most important achievements obtained through stra- cases face egregious conditions of detention and can- ved in the first instance, and that allowed the celebra- tegic litigation by the FALGBT judicial team. not always count on a reliable defense service to help tion of these marriages before the sanction of Law their needs. 26618 by National Congress. Despite these important advances—which would have been not possible without the work of the judicial In addition, the daily exercise of some rights derived For the recognition of the Law of Gender Identity the team of our nationwide organization—access to the from the Marriage Equality Law (such as joint mater- judicial strategy was even more intensive, and in No- judicial system for members of the LGBT community nity or joint paternity) and Gender Identity (fundamen- vember 2010—after the case of Florencia Trinidad— continues to present several difficulties. Daily situa- tally regarding access to health care) are subject to there were more than forty recognitions of identity tions of violence throughout the country from both civil resistance in diverse environments due to a lack of 30 that were obtained in the same sense before the law society as well as the State’s own institutions—espe- responsibility and awareness of public officials and employees. training for functionaries and employees in Judicial Power and the Public Ministry, with the end in mind It should be noted that in the last few years the Supre- to incorporate the perspective of sexual diversity into me Court of Justice has placed in action tools of enor- the judicial realm. mous utility that, while do not specifically approach the theme of sexual diversity, have permitted the ad- J3. Creation, within the sphere of the Fiscal Public Mi- vance of education and opening of the justice system nistry, of a Fiscal Unity for the investigation of crimes to themes of gender. Two of these are the Office of Do- committed under the pretext of the sexual orienta- mestic Violence and the Office of Women. tion or gender identity of the victims, and that includes the design of strategies that would favor the repor- For the other part, a complementary organization to ting of such acts confidentially and comprehensively, the Judicial Power working with access to justice is without re-victimization. the Public Ministry, an independent organization, with functional autonomy and financial autarchy that, for- J4. Training of Public Defenders in sexual diversi- med by the Public Fiscal Ministry and the Public Mi- ty to guarantee the adequate exercise of the law on nistry of Defense, can promote the realization of jus- behalf of LGBT persons accused, and to offer them tice in defense of legality and other general interests tools and education that avoid illegitimate detention of society. or treatment.

Recognizing the considerations made in the previous J5. Publication of an annual report for “Situations paragraphs, we suggest the following recommen- of Violence and Difficulties in Accessing the Judicial dations of public policy that, case by case, should be System”, with relevant statistics throughout the cou- implemented by the National Supreme Court of Jus- ntry, focusing on the LGBT population and other vul- tice, the Attorney General’s Office, or the General nerable populations. Defender’s Office, and in all cases by the maximum respective authorities in the provinces and the City of J6. Implementation of a program of Special Tutorials Buenos Aires. regarding LGBT rights designed to collect informa- tion about accessing the judicial system for the LGBT J1. Creation of a Program of Access to Justice, which population. would prevent and give attention to victims of violen- ce based in sexual orientation or gender identity. This program would function with the National Supre- me Court of Justice, as well as the highest provincial courts in each corresponding region.

J2. Implementation of programs for education and 31 32 Intervention by themes

33 The Workplace visible regardless of their sexual orientation, identity, spaces for sexual diversity”. or gender expression and do not have to fear the con- The report of the OIT “Equality at Work: Facing the sequences. The proposals included in this Plan aim L7. Promotion of equal opportunity regarding access Challenges” (2007), indicates that people “whose se- to eliminate these situations of discrimination in the to work for trans people, with respect to their level of xual orientation does not match established models workplace in our country. professional education and their profession or trade, can be subject to verbal, psychological, and physical especially in State agencies. violence, besides being a target of manifestations of L1. Urging from the Ministry of Labor to create rela- hate”, such as “dismissal and denial of employment tive resolutions to labor relations that clearly contain L8. In the name of good labor practices, the designa- and promotion”. restrictions on discrimination to LGBT citizens. tion of representatives on behalf of anti-discrimina- tion, with the capacity in each workplace to process The consequences of these acts oblige the victims L2. Implementation of programs, together with the and orient cases of discrimination, in particular those to “exclude themselves” from “true jobs or careers” Ministry of Labor, Associations and Unions, and or- of abuse and harassment. to avoid damage to their physical or psychological ganizations from civil society, that have as an objec- integrity. tive to face the theme of discrimination against LGBT L9. Implementation of programs for professional people in the workplace. These programs should education that would increase the capacity of LGBT In the description of acts of recrimination, the report complement the creation of guide for good business people in different disciplines regarding inclusion in notes the “abuses” exploited in “undesirable jokes, in- practices and labor relations, that include recom- the workforce and communication with different bu- direct and tenacious commentary, verbal abuse, de- mendations to cease discrimination against LGBT in- sinesses and employers. famatory jokes, name-calling, intimidation and hos- dividuals in the workforce. tility, false accusations of pedophilia, graffiti, insulting telephone calls, anonymous property damage, blac- L3. Promotion of integral policies for the eradication kmail, violence, and death threats”. of hostility, violence, and discriminatory practices in the workplace. Another form of discrimination is shown in the denial of benefits for same sex couples, despite legal recog- L4. Aid and promotion to the creation of work coope- nition that exists in our country after the sanction of ratives and productive enterprises in the social/soli- the Law of Marriage Equality, such as “additional days darity economy for LGBT people through incentives for transfer, childbirth, parental leave, sick partner and support in training and provision of equipment by care, bereavement, educational benefits for workers the State. and their families, providing goods and services by the employer, survivor benefits in pension schemes L5. Implementation of programs with fiscal incenti- or life insurance, and health insurance for workers ves for companies who hire trans citizens. and their families”. L6. Establishment of a preferential program for the The workplace in our country has yet to be the vibrant purchase and hiring of goods and services on behalf 34 place that we desire it to be, where all people can be of the State for certified companies that are “friendly rative in Bahía Blanca (province of Buenos Aires) help to community projects. > Experience: The Textile Cooperative was created to produce lingerie, as well as the coo- “Estilo Diversa LGBT” perative in Comodoro Rivadavia (Province of Chubut) • To promote proactive actions and responses that which produces white linen (sheets, towels, etc.), and allow for increased employment for LGBT citizens After a variety of concerns from members of the another similar cooperative in the city of Córdoba, and through education that amplifies their professio- FALGBT regarding inclusion in the workplace, in Oc- the one which makes leather goods, handbags, and nal competencies. tober 2010 the Textile Cooperative “Estilo Diversa” wallets between others, in the city of Adrogué (Pro- LGBT was formed. vince of Buenos Aires).

The members promoted this initiative as a respon- The Healthcare System se to two specific problems within our community. On one hand, a clear problem was the insertion of the > Experience: Roundtable for Business In the report from the National Department of AIDS LGBT community into the workforce, especially trans Companies on Sexual Diversity and the National Ministry of Health, “Conditions of workers, who many times did not have equal access Vulnerability for HIV-AIDS and Problems of Access to the education system or lacked experience in the Based in the reality of discrimination against the LGBT for the Health of Homosexuals, Bisexuals, and Trans workplace. community that still persists in many environments, People In Argentina” (2010), it was indicated that “the and with the understanding of the need for a joined access to adequate medical attention is limited by the On the other hand, we observed—and suffered force to approach this reality, we at the FALGBT, its (mis)treatment and discrimination exercised in the from—a market that did not have masculine clothing member organizations, various companies, and other institutional response to the health concerns of these in small sizes, and female clothing in large sizes, nor actors comprised in this team, have created an initiati- people”. such in-between sizes in shoes. ve to search to articulate actions for inclusion. Among the obstacles that trans individuals face, the The fusion of these two needs created the Cooperative This space has for objectives: lack of knowledge—or lack of recognition—of gender “Estilo Diversa LGBT”, a pioneer in uniting a multipli- identity should be especially noted. This manifests city of sexual diversities and offering work opportuni- • To eliminate the discrimination in the workfor- itself in the use of the name from personal docu- ties to all people who wanted to form a part of an inclu- ce against LGBT people, driving the inclusion of mentation rather than a chosen name to register ap- sive cooperative project. a policy that “does not discriminate based on se- pointments or to call the person in public (before the xual orientation or gender identity” in the codes of sanction of the Law of Gender Identity and currently From its origin the “Coope” was involved in the fabri- ethics or other similar internal documents in com- for some people that for various motives do not lega- cation, distribution and sale of clothing, shoes, and ac- panies throughout the workforce. lly change their names), as much as being placed in a cessories for the LGBT community and the public, and room corresponding to their biological sex and not to designed actions for promoting and establishing simi- • To generate strategies of prevention against dis- their self-perceived gender. All these situations are a lar cooperatives in various provinces throughout the crimination and promotion of human rights with mistreatment to the dignity of the trans community. country. employees, their families and the community, through workshops, internal communications Another aspect related to this lack of knowledge ma- After the creation of Estilo Diversa, the first coope- and/or actions for the information, education, and nifests itself in various distinct technical dimensions 35 during a medical intervention. The lack of information orientation or perceived gender identity, even those protocols should help correct a lack of information, of professionals regarding LGBT themes and proces- that do not explicitly present themselves as medical the problems of self-medication, and the nonstan- ses of identity formation leads to questions and preju- practices. dard use of hormones, all of which guarantee equity dicial presumptions by practitioners about the sexual in access to the health care system. practices of their patients. This can be observed fre- S5. Creation of protocols for medical attention that— quently in the case of lesbians and bisexual women, in full observance of the larger interests of children S11. Implementation of protocols for medical atten- who usually are submitted to interrogations that sup- and the principle of progressive abilities—prohibit tion for lesbian and bisexual women, gay and bisexual pose a heterosexual sexual practice with men and ge- surgical interventions on intersex children and ado- men, and trans men and women, in accordance with nerate discomfort and anxiety that can even lead to lescents by the decision of medicals, teachers, or pa- the specific needs of each population. avoid the consultation. rents, without the consent of the intersex individual. S12. Implementation of policies oriented at the pre- Taking into account these and other situations that S6. Guaranteeing the universal and integral access vention of HIV-AIDS and other STIs in the LGBT characterize the experience of LGBT people in con- to assisted human reproduction for the LGBT com- population. tact with the healthcare system, we suggest the fo- munity and reproductive steps without discrimination llowing policies in this area: based on sexual orientation, gender identity or civil S13. Improvement and amplification of available state status throughout the country. resources for programs that address HIV transmis- S1. Creation of a Program for Integral Attention of sion prevention, including an increase in the distribu- Health for LGBT persons that would guarantee equal S7. Implementation of actions of control, monito- tion of condoms and massive distribution of clear and access and quality care for the community. ring, prevention and attention for the violence against concise information. These programs should ade- LGBT persons within the health care system. quately meet the needs of the different sub-groups S2. Implementation of a National Plan for educa- within the LGBT community, and include promotion tion about Sexual Diversity, directed at health care S8. Inclusion of the theme of sexual diversity within of testing—in particular, implementing methods that works in various public and private locations, based the formal undergraduate and postgraduate educa- are modern, rapid, and reliable—and strategies for along the lines of OPSOMS, UNAIDS, UNICEF, UNPD, tion of health care workers and related professions. the access and adherence to treatments that help UNESCO, UNFPA, WAS, IAPAC, and GTZ, in relation elevate the quality of life for all positive people, inclu- to sexual diversity and promotion of a friendly and in- S9. Participation of the organizations of sexual diver- ding websites, toll-free telephone lines, and counsels. clusive attention. sity in roundtables of planning, design, and imple- mentation regarding campaigns for prevention and S14. Implementation of specific programs that sup- S3. Regulation of medical practices and thera- promotion of health to best incorporate the LGBT port prevention for STIs, using clear and precise in- pies for the LGBT community in a rigorous form, fo- perspective and experience. formation regarding the relative rates of infection that llowing the minimum standards of the World Health affect each group of the LGBT community, articula- Organization. S10. Education of professionals, especially medical ting especially within the public system media. professionals, such as endocrinologists, urologists, S4. Prohibition and criminalization of practices that proctologists, gynecologists, and psychologists, bet- S15. Diffusion of specific campaigns for diseases harm the dignity and mental health of LGBT people, ween others, to design therapeutic protocols that which present factors of risk for the different groups 36 in particular therapies that pretend to modify sexual permit the integral attention of LGBT persons. These of the LGBT community, such as Breast Cancer, Anal Cancer, Prostate Cancer, risks of drug and alcohol bian, bisexual, and trans individuals for a variety of always be that all the services of health are friendly to consumption and application of hormones and indus- reasons, among which we could mention the lack of all forms of sexual diversity, as well as the general po- trial silicones without medical supervision, as well as educated health professionals to give a response to pulation, and that the possibility of working from spe- others. the most common problems in the LGBT communi- cific LGBT-friendly healthcare centers should be seen ty, the heteronormative treat that generates distance as a transition point towards this universal access. S16. Creation of education about anal health desti- in the relationship between the doctor and can lead to ned for medical care providers as well as the LGBT the omission of relevant details for treatment, or an community. inadequate attention in the waiting room or the con- sulting room. > Experience: Hospital Fernández S17. Promotion of access for the anal pap smear as a in La Plata method of prevention for anal cancer and disorders To give a few examples, we could mention the diffi- produced by HPV. culties gay and bisexual men face in talking openly Since 1997, in the city of La Plata, a service of integral about their sexual life during a medical consulta- health for trans individuals, in charge of Dr. César Fi- S18. Study and evaluation of the vaccine against HPV tion, with particular emphasis of this point in relation dalgo, was created in the frame of the policies of the for , bisexuals, and trans individuals. to STIs and particularly HIV-AIDS; the presumptions Ministry of Health of Buenos Aires Province. of health care professionals regarding a sexual pre- S19. Production of informative materials and educa- ference for men when treating lesbian and bisexual Since its beginnings the service has continued to grow tion which take the form of graphics, audiovisuals, patients—which is especially common during gy- in terms of medical practices covered, equipment and electronics for Sexual Diversity so that members necological consults—and the inadequate and stig- used, and patients attended. of the health care provision teams can work with the matizing treatment in relation to the gender of trans rest of the community and promote the opening of people who, in the majority of cases, have come to re- After the first surgeries, product of specific judicial hospital spaces. nounce all medical attention except in case of extre- judgments, the service experienced an increase in de- me gravity. mand, specially after the Law on Gender Identity that S20. Design of programs of volunteer orientation guaranteed integral medical attention for the trans for the education regarding counseling pre and post The idea of an LGBT-friendly health care center im- community. This is to say, the policies cover hormonal tests for HIV and other STIs. plies that all health care professionals, as well as all aspects as much as adequate gender transition sur- personnel who attend to the public, are not only sui- gery, for all patients that desire it. table for their jobs but that they further possess a cu- rrent knowledge of the specific problems that affect Currently the service of Hospital Fernández in La LGBT-Friendly Health Care Centers the health of the LGBT community and that they are Plata is an indisputable reference point at a national “educated” to offer a cordial and integrated treatment and international level for these practices. The healthcare system has historically been one of that gives the possibility for an open dialogue without the critical areas of public policy for the LGBT com- taboos between the person requesting the service In the words of Dr. Fidalgo, the service of trans health munity. Access to health in equal conditions and ade- and the practitioner. of the Hospital Fernández: “It makes us very happy. quate awareness of specific needs have always been For us it is an honor to be a reference center with res- seen as resources that are limited at best for gay, les- It should be noted that the final objective should pect to sexual reassignment surgeries. This offers us 37 the possibility to present what we are doing in various scientific forums. This gives us great satisfaction.” > Experience: Medical Center at Hospital > Experience: LGBT-Friendly Gynecolo- Fleming in San Martín gists for Lesbians and Bisexual Women

By the initiative of the Association of Travestis, Tran- With the goal of increasing and improving access for > Experience: LGBT-Friendly Medical sexuals, and Transgender of Argentina (ATTTA), star- lesbians and bisexual women to the health care sys- Centers at UNAIDS ting in June 2012 an LGBT-friendly consulting system tem, La Fulana (founding organization of the FALGBT), was created to function in the Hospital Fleming in the created in 2007 the campaign “Let’s change the ques- In the framework of the project oriented to improve city of San Martín. The center functions four hours per tions”, jointly with other organizations in ESPARTILES access to prevention, diagnosis, and attention for the week and between other services offers HIV tests, (Space for Lesbian Articulation). LGBT population, which is held by the System of Uni- hormonal treatment with professional assistance, ted Nations and the National Direction of AIDS and and groups for self-esteem. With the movement of the One of the motivations of this campaign is the pre- STDs, in five cities throughout the country, services Municipality of San Martin they aid in actions of health sumption of heterosexuality on behalf of the health and consultations have been implemented as pilot ex- and human rights Friday during the night, particularly care professionals while helping lesbians and bi- periences, whose strategic lines and actions aim to regarding sex workers health. sexual women in the gynecological consultation, consider and guarantee the compliance of the law to which brought forward the invisibility of sexual prac- access to health, centered in the needs of users. tices between women, the lack of knowledge for methods of specific STI prevention for the communi- The actions to improve the health of the LGBT commu- > Experience: Hospital Ramos Mejía in ty, the invisibility of lesbian identity and the lack of me- nity and availability of adequate attention are impera- Buenos Aires dical control for year of gynecological consult, which tive to human rights. These human rights—to health, brought forth many diseases not identified at the right security, and well-being—have been guaranteed in In September 2012 The National Network RITTA ini- time, such as uterine cancer. differing levels in different parts of the world and Ar- tiated actions for the montage of a service of LGBT- gentina. They are as possible as they are applicable. friendly service to trans men in the Hospital J. M. All these problems would not have been understood if After the compromise between provincial represen- Ramos Mejía, in the Balvanera neighborhood, City of this presumption had not be said, which is to say that it tatives of the State and civil society, the services of Buenos Aires. would help lesbian and bisexual women to talk openly medical attention and public policies for human rights and freely about their sexual orientation without fear to health for the LGBT community can be made a reali- After these actions they offer hormonal service with of poor or discriminatory treatment on behalf of the ty. Currently these pilot programs function in the cities accompanying medical assistance three days a week health care professionals. For this it is fundamental of Salta, , and San Juan. inside the Service of Endocrinology. They also promo- to work within the health care system so that the at- ted clinical analysis at the start of these treatments, at tention lesbians and bisexual women receive be dig- the same time offering consultations with the services nified and fair. for mammograms. To aid in these efforts, the Program of Prevention Patients also received gynecological services, espe- for Uterine-Cervical Cancer and the Program of Se- 38 cially trans men who had not yet surgically reassigned. xual Health and Responsible Procreation created a campaign of brochures and information to promo- That’s why the long-term challenge is focused on tegral Sexual Education in all territories of the Re- te complete gynecological attention in 2010, friendly changing these behaviors through diversity training public, guaranteeing its effective implementation and without discrimination for lesbians and bisexual of new generations. everywhere. women, at the same time using a toll-free line of the National Ministry of Health. A large amount of power lies in the educative system, E3. Guaranteeing the secular nature of the public in relation to which on a daily basis LGBT organiza- education system throughout the country and elimi- tions receive denunciations that reflect the reproduc- nation of “religious education” whether obligatory or tion of these prejudices and consequent exclusion, optional in all public schools. Education bullying, or physical and psychological violence that youth suffer for expressing a sexual orientation or E4. Implementation of workshops surrounding “Se- Maroto Sáez (2006) says that the development pat- gender identity that is not “heteronormative”. xual Diversity and Rights” in schools throughout the tern that follows adolescence in lesbian, gay, bisexual country, in charge of promoting rights, to promote the and trans individuals is “similar and at the same time In this sense it is necessary to deepen the application growth and increasing visibility of LGBT students. different to their heterosexual counterparts. All the of the law established in Law 26150 of Integral Sexual adolescents face some development changes such Education that establishes, between other things, E5. Transversal incorporation from the perspective as the choice of their studies, social abilities, and ad- “the promotion of the understanding and accompani- of sexual diversity in all educational programs in all justing to a group of their peers. Homosexual youth ment of the affective maturation of children and ado- university careers to guarantee that all public practi- must in addition face prejudice, discrimination, and lescents to help them form their sexuality and prepa- ces promote and guarantee LGBT rights. violent conduct and messages in their families, re them to engage in positive interpersonal relations”. schools, and immediate environments.” E6. Aid to the construction of Universal Programs for To this end, the FALGBT participated in the enrich- Sexual Diversity, which would have as an objective to In school students do not only learn techniques and ment of diverse materials for Integral Sexual Edu- increase LGBT-related knowledge and research. other forms of knowledge, but additionally norms, va- cation with the National Ministry of Education, such lues, and social relationships for daily interactions. as “ISE for Families”, that resulted in the distribution E7. Implementation of programs for access and as- This is to say, it is all a mix of attitudes and social prac- of six million pamphlets throughout the country, in- sistance for themes in sexual diversity for teachers, tices that serve for the construction of their identities cluding a large quantity that was distributed directly professors, and directors of educational establish- (J. Devis, J. Fuentes, A. C. Sparkes, 2005). through the FALGBT and its member organizations ments at an initial primary, secondary, and tertiary throughout the country. level, both public and private. The controversy that was created in our country su- rrounding the Law of Marriage Equality demonstra- To deepen the mark of inclusion for the LGBT com- E8. Implementation of tutorials regarding sexually di- ted the existence of some social groups that continue munity in the educational system, we propose: versity themes for students so that they can access to sustain prejudice and devaluing commentary res- systems when they are in need. pect to their sexual orientation or gender identity or E1. Implementing programs that guarantee access expression. This translates into daily life as disres- for and retain LGBT-students within the system. E9. Promotion of programs of scholarship to incenti- pectful and degrading expressions and comments vize and increase the retention rate of LGBT students. towards this group. E2. Putting immediately in practice the Law of In- 39 E10. Implementation of programs to prevent and eli- to reflect the configuration as a separate community C4. Implement programs that support artistic, edu- minate abuse, violence, and discrimination for sexual from the rest, with a specific identity. cative, and academic public events dedicated to the orientation or gender identity in schools. LGBT community. The set of symbols and ways of meaning that organi- E11. Production of informative materials and educa- ze the experience of LGBT people, in opposition and in C5. Help and incentive to create Pride Parades and tion in graphic, audiovisual, and educational forms contrast to non-gay identities, is what Hortensia Mo- festivals organized by the LGBT community throug- regarding sexual diversity, so that students can work reno Esparza (2010) called “gay culture”. hout the country. with the rest of the educative community. It is necessary that the State collect such cultural di- C6. Create a national “Biannual Celebration of LGBT E12. Implementation of courses between schools versity and incorporate it into its official policy so the Art” to promote visibility and diffusion of artistic and that promote the work of educational communities to artistic vision developed by the LGBT community is cultural productions. promote rights regarding sexual diversity. available for public viewing. C7. Creation of a national collection of LGBT art and E13. Promotion of recreational activities in scholarly Furthermore, mechanisms should be determined to culture, that would tour through all provinces promo- environments that include the theme of sexual diver- pay tribute and recognize LGBT victims of repression ting the visibility and inclusion of LGBT people. sity and rights. in the context of the historical memory retrieval: de- tainees and missing victims because of their sexual C8. Creation of National LGBT Sports organizations orientation and identity and/or gender expression throughout the country with help from the National have never been considered as such by the official re- Direction of Sports. Culture and Sports cords of the disappeared. C9. Creation of campaigns for education against dis- In 1982 the Declaration of Mexico in UNESCO esta- In this sense the proposals presented below detail crimination for sexual orientation and gender identity blished that “culture gives man the capacity to re- this work: in sports environments. flect about himself. It is this that makes us specifically human, rational, critical, and ethical compromisers. C1. Recognize lesbian, gay, bisexual, and trans citi- It is through culture that we discern values and de- zens who have been persecuted throughout natio- velop opinions. It is through culture that man expres- nal history, especially during antidemocratic military ses, gains consciousness of himself, recognizes him- governments. self as an unfinished project, puts in question his own activities, searches tirelessly new significations and C2. Incorporate the theme of sexual diversity together creates work that transcends them.” with cultural programs that are enacted in the public sphere, generating positive LGBT references. As a result of the historical exclusion suffered by LGBT people, different levels of understanding of C3. Edition and distribution—through the network of the LGBT world have been generated through cultu- popular and public libraries—of a group of periodic 40 ral expressions that reflect differences that allowed publications and an LGBT-themed bibliography. Communication and Information grams of fiction and some news programs, that the diffusion and promotion of accurate LGBT daily have tried to focus on the daily life of LGBT people realities. In the case of media communications, it is worth in a realistic and respectful manner. saying that there is a very hegemonic discourse, CI8. Creation of open courses for the judgment of a point of view both heterosexual and heteronor- With the objective to advance even more in this projects for audiovisual productions destined to mative, and that this affects the image that socie- sense and to consolidate the achievements gai- debunk myths and prejudices regarding sexual ty forms of gays and lesbians as well as how they ned, we suggest: diversity. construct social representations on the radio, te- levision, and in print. CI1. Creation of observatories in strategic spaces capable of being available for any type of situation These representations usually are negative ste- of discrimination or implicit or explicit violence re- Social Development and Participation reotypes with respect to LGBT persons and far lated to sexual orientation and gender identity or from the truth. Apart from this, it can be demons- expression. This is a moment of deep change and various re- trated the distinct role that the media has in the cognized authors have aided in this process. Gram- discrimination and violence based in sexual orien- CI2. Creation of institutionalized systems of in- sci exemplifies these situations when he says that tation or gender identity. For a majority of socie- formation that allow the receipt, processing, and these are moments in which “the old no longer ser- ty the only contact they have with the LGBT com- analysis of LGBT rights (violations, reports, advan- ves a purpose, even though the new has not yet ari- munity is based in these images, in what they have ces, best institutions), to monitor and take appro- sen” (Boada, 1997). It is here where society currently heard, read, or seen about gays and lesbians in the priate steps in response. is: in the old that no longer can answer the demands forms of media, especially in cities where LGBT that have arisen in front of new paradigms that gene- people are less visible. CI3. Creation of massive campaigns to increase rate incertitude. the visibility of the diversity of family models. It is also important to note the responsibility of the Alfredo Carballeda sustains that in this context of State in the creation of strategies of communica- CI4. Incentive to produce audiovisuals specific transition “the subject that emerges is not what is tion that respect sexual diversity, through control to LGBT-themes to debunk popular myths and expected by the old institutional mandates but is so- and regulation to ensure that contents are inclusi- prejudices. mething else, that many times receives the astonis- ve. It is also important to monitor the work of the hed gaze of institutions that ratify it in the place of an professionals in the media that are formers of po- CI5. Compilation of experiences and anecdotes of undesired object”. pular opinion, and issue expressions of hate that intervention, research, processes of organization promote directly or indirectly discrimination and and actions destined to the LGBT community. This is how social problems become complicated and violence. are reformed. The institutions enter in crisis thanks to CI6. Creation of processes of social investigation the complexity of the question, the changing scena- It is true in any case that communication in the that permit improvement in the quality of life for rios and is incapacity to adapt. To say this in another last few years—especially after the laws of equa- LGBT people. manner, the new social problems each time more lity have been passed—have multiplied the positi- complicated finally show “the tensions between ve references for sexual diversity, especially pro- CI7. Guarantee of spaces in the public media for needs and rights and give understanding to how the 41 loss of social rights leads to a progressive or rapid DS3. Implementation of an Integral Program for break of them, from a perspective of social insecuri- Trans Citizens, that would have as an objective the > Experience: National Coordination for ty” (Carballeda, 2008). creation of accompaniment in education, health, fa- Sexual Diversity in the National Ministry of mily, cultural, and social manners for trans indivi- Social Development With respect to the social work linked to sex-positi- duals in every moment of their lives. ve diversity, Maroto Sáez (2006) defines clearly: “The In August 2012, after efforts from the FALGBT before subject of attention of Social Work is the human being. DS4. Help to youth that have been kicked out of their the National Ministry of Social Development, the Na- Discrimination, stigmatization, denial, exclusion, phy- homes or have left voluntarily due to situations of phy- tional Coordination for Sexual Diversity was created, sical and/or psychological mistreatment and the ho- sical or psychological mistreatment. with an end in mind to create public policies that add mophobic violence that homosexuals suffer in our to the social achievements gained during the last few country is a social problem. It is emerging from a so- DS5. Opening of LGBT Houses in all provinces, to offer years. cio-economic structure and from a heterosexist and safe participatory spaces as much for LGBT people as patriarchal culture, that reflects a society in which the the organizations of civil society. Its objective is to promote and guarantee the rights of risk, the taking of decisions, the opportunities and the the LGBT population, accompanying the work of or- exercise of rights that are inherent to us as citizens DS6. Creation of LGBT residences that would give ganizations for Sexual Diversity, Human Rights, and are distributed in an unequal manner to which the shelter to the population within the community in si- other state organizations. practice refers.” tuations of family exclusion. The Coordination creates the following axes of work In this mark is inscribed the creation of the National DS7. Creation of policies of inclusion and recogni- dispersed throughout the Ministry and destined to: Coordination for Sexual Diversity in the National Mi- tion for the diversity of expressions of affection, senti- nistry of Social Development, decision taken after the ments, gender and sexes, especially focused on LGBT • Promote, protect, and diffuse rights, confirming petitions made in this sense by the FALGBT. people who are disabled and elders. inclusive spaces and instances of education and diffusion for sexual diversity, integral sexual edu- To the end of deepening this advance, we propose: DS8. Implementation of programs that aid LGBT po- cation, laws for inclusion, and strengthening of pulation to find housing, incorporating sexual orien- LGBT people and their families. DS1. Creation of a National Program for the inter- tation and gender identity as valuable criteria in the change of experiences and good practices performed search for co-residents. • Accompany the design and implementation of pro- by organizations of civil society, to strengthen the net- ductive projects, associations, and cooperatives, works and capacities of the movement associated DS9. Raising of aid for LGBT organizations throug- and facilitate successes for the artistic and labor with sexual diversity. hout the country, for the financing of specific projects design. to the services and activities that especially facilitate DS2. Implementation of public policies that allow the integration and social cohesion. • Strengthen organizations working with sexual di- effective enjoyment of rights won by the Law of Ma- versity to better connect with state organizations. rriage Equality and that remove all the obstacles in the exercise of the rights and obligations of all the • Increase visibility and debate nationally and regio- 42 couples and all the families. nally, creating spaces of discussion that allow the consolidation of a national agenda that is based in explain what is happening to them, and they feel guil- help each other through an exchange of experien- the rights of LGBT citizens. ty, embarrassed, and confused. ces and activities that promote the acceptance of the diverse forms of exercising sexuality and help them That is why is important that public policy efforts are understand that the base for a constructive dialogue focused on specific actions for the accompaniment with society is based on respect, mutual understan- Orientation, Accompaniment, and Safe Spa- and creation of safe spaces for these adolescents ding, and active listening. ces for LGBT Youth and LGBT youth, as well as their family and affective environments. The program was designed to incorporate eleven Adolescents and youth are complex, and are fre- weekly meetings and is offered to participants in a quently objects of control, monitoring, and vigilance, All of this will permit a healthier and happier process free and voluntary manner. There they could tackle in as much privileged expressions, from the manner for the developing sexuality of youth and the free exer- themes such as conformation of identity and interper- as sexuality is used as a mechanism for the exerci- cise of their sexual orientations and gender identities sonal differentiation, diversity, social construction of se of power and control against young bodies. In this in all environments which they occupy. gender, prejudices, family and social bonds, parental sense, LGBT adolescents and youth can face serious expectations and personal ideas, between others. social barriers, tensions, and conflicts. The experience is coordinated by Lic. Ariel González Recent studies have documented that more youn- > Experience: LGBT Safe Spaces in San Bautista, psychologist, and Lic. Silvana Vega Céspe- ger people are identifying as LGBT and at younger Juan des, psychologist, both members of the project “Con- ages. Investigations into LGBT youth have demons- sultorios amigables” with UNAIDS in Argentina, and trated even more that they encounter an important The growth of need for healthy safe spaces for the the project has come to result in an increase in the risk of health for isolation, fear, stigma, the anxiety- LGBT population and their environments, together quality of relationships between the participants. This producing process of coming out, abuse and family with new resources from social movements, have re- is evidenced in a increased respect towards the sexual rejection. sulted in the possibility of generating spaces that res- identity of their children, as well as increased levels of pond to the needs of this society through the commu- introspection, self-awareness, and knowledge of per- All this can manifest in serious health problems, in- nity work of the organization “La Glorieta – Espacio sonal resources. cluding the documented fact that LGBT youth are LGBT”. more predisposed to suicide during adolescence in comparison to their heterosexual peers. Even more, This project was initiated during 2011 and 2012, and its they are six times more at risk of addictions or facing primary objectives included favoring healthy methods Security and Prevention problems of anxiety and depression, which have been of family communication, offering a space of reflec- of Institutional Violence identified as two important factors for risk in the de- tion and group communication, and providing psycho- cision to commit suicide. The adolescents that suffer educational help oriented to parents and mothers of A report from CELS and Human Rights Watch abuse or physical and/or psychological damage for youth, adolescents, and kids belonging to the LGBT (1998) noted the most common aggressions from their sexual orientation or gender identity or expres- population. security forces in distinct provinces against gays, sion present a poor body image and eating disorders. lesbians, bisexuals, and especially groups of trans They suffer for feeling different, for not being able to The group has permitted its members to meet and people. To cite some noted situations: “extortions, 43 torture, inhuman and degrading conditions in de- others, one should not be surprised by the fre- Robberies by supposed sex workers suffered tention” (for trans people this often involves cut- quent abuses and situations of violence which the by men who contract their services are also fre- ting their hair, removing their make up and obli- LGBT people are victims of, and that can—in extre- quent, and these include situations of sexual abuse ging them to look at themselves in the mirror, and me cases—end in homicide. and violation during sexual games that go further includes reports of use of electric prods), physi- than what was consented to, all situations known cal and/or verbal violence, compulsive analysis It is worth adding that there is as much violence by those of us who work daily with people in this for HIV, sexual abuse or violence, state of defen- from civil society as from the institutions of the community. At the same time, they are almost im- selessness before security forces (in certain occa- state. One should particularly note the security possible to register, investigate, and persecute sions, after twelve hours of detention the victim is forces amongst these state institutions. without the necessary conditions of confidentiality freed and allowed to walk one or two streets befo- in the reporting process and education of securi- re they are detained again, sometimes for another It is the trans community the most affected one, ty and judicial system workers and public officers. twelve hours)”. Another habitual practice by se- and within that group—but by no means exclusi- curity forces against the LGBT community is the vely—the prosecution of sex workers by security enactment of controlling police procedures that forces is a constant. Also in environments of de- include raids, detentions and seizures of a grand tention the treatment they receive can arrive to Need for a security protocol for LGBT people number of people (known as razzias) on meeting put at risk their physical integrity, making this one places the LGBT community frequents. In these of the areas where institutional violence is most In relation to what has been said before, it is clear that proceedings a large quantity of detentions is pro- clearly and powerfully exercised, motivated by se- the problem of violence against the LGBT community duced with no other motive than sexual orienta- xual orientation and gender identity or expression. requires an integral approach that take in account the tion or gender identity. In those cases the action complexity of the problem and that orient itself towards of the security forces is characterized by extortion Another of the environments where violence aga- the effective protection of victims and the effective qua- by police personnel with the threat of “revealing inst the LGBT community manifests itself, and litative and quantitative investigation of its magnitude. the secret” of their sexual orientation to family and puts the communication at grave risk of physical friends, which constitutes a grave violation of per- insecurity, is public life. While there exist slow ad- For instance, not providing the LGBT community with sonal rights and intimacy. vances in Argentina with respect to the attacks a reliable way to make complaints about crimes and against people based on their sexual orientation offenses in which sexual orientation or gender identity or gender identity or expression in public life, si- has a prominent weight, as well as the absence of de- tuations differ strongly between some larger cities vices and specific care for victims of these crimes, their Difficulties for LGBT-Specific Security (not all, and more specifically one would have to families and environments, there is a significant unde- talk about some specific friendly neighborhoods rreporting of cases and a great lack of knowledge on its In the context of a society where lesbian, gay, bi- within these large cities) and smaller cities, towns, specific characteristics. And as mentioned, the lack of sexual, and trans people have been historica- rural areas, etc. More frequent are the intimida- complaint leads in some cases to self-censorship, and lly marginalized, stigmatized and persecuted, tions that don’t end in physical violence—although sometimes to persistence of abuse and violence. and where the mistreatment of sexual diversity at times it does in robbery—but in verbal aggres- has been “learned” and reproduced in the family, sions, and other violent attitudes that are someti- In Argentina, the responsibility regarding security falls 44 the school, and religious environments, between mes “solved” through self-censorship and hiding. on sub-federal states (provinces and the Autonomous City of Buenos Aires), which by constitutional mandates identity and expression of victims. regarding security, between which we noted are obliged to recruit, form, and finance police forces. the contents in the first Plan for LGBT Citi- This is to say that because the final responsibility for SE4. Elaboration of an Annual Report of Violence aga- zens, including the elaboration of a protocol these acts falls on provincial Governments, a centrali- inst LGBT people that recounts all crimes motivated by for security forces in relation to the LGBT po- zed national solution is difficult. We understand that the sexual orientation or gender identity. pulation, workshops for education on sexual establishment of protocols for the security forces and diversity for these forces and construction the penitentiary system—both at the level of the provin- SE5. Implementation of a Program for education of Fe- of an observatory for crimes committed aga- cial security forces and the federal ones—that keep in deral Police and provincial police, the National Guard, inst LGBT people or under the pretext of the mind the specific needs mentioned in the previous pa- the National Prefect and the Armed Forces, in order to victim’s sexual orientation or gender identity. ragraphs, yet still constitutes a response to this very include these forces in a perspective of sexual diversity complicated question, with various actors, and that re- that reflects social inclusion and respectful treatment After this meeting, the Ministry emit- quires urgent responses to mitigate hard situations of of all non-heteronormative sexual orientations and ted, on November 25th, 2011, the Resolu- violence that LGBT people face. gender expressions. tion 1181/2011, which instructed all depen- dent agents of the Ministry to recognize trans The final objective should always be that all security for- SE6. Implementation of a Program of Guaranteed people self-perceived gender identity, both in ces are friendly to sexual diversity—and also the ge- Rights for LGBT people in situations of confinement or personal treatment as in any time of commu- neral population—, so the possibility of working from who are deprived of liberty. nication or publication on behalf of the Forces. specific spaces for the LGBT community should be understood as an immediate response to urgent si- SE7. Instrumentation of a National Program for Pre- The ministry has likewise established direc- tuations of violence and security. All of these conside- vention and aid to LGBT victims who have been victims tives so that security personnel respect the rations would explain the need to implement the propo- of human trafficking and sexual exploitation. gender and name adopted by any trans indi- sals detailed below: vidual, and in relation to lodging, the suspect SE8. Definition of a penitentiary policie specific for the must be housed in a cell corresponding to SE1. Implementation of a National Program for Atten- LGBT community that reflects their needs, and brings their self-perceived gender. tion to Victims of violence based in sexual orientation or forth aspects such as housing, access to the educatio- gender identity, working with local LGBT organizations. nal system, access to the health care system, between others. SE2. Instrumentation of a figure for a “police link” with > Experience: Protocol for Security For- the aim of directly linking LGBT organizations with se- ces in Santa Fe curity forces on a national and provincial level to attend to reports of violence and crimes based in sexual orien- > Experience: Federal Security Forces in • In the same line of thought on the national level, tation or gender identity. the National Ministry of Security and keeping in mind that the responsibility for se- curity in the large part of the national territory is SE3. Elaboration of a protocol for security forces for si- In November 2011 the FALGBT met with the a responsibility of the provincial governments, the tuations of discrimination or violence produced by ag- National Minister of Security, Nilda Garré. In FALGBT together with The Ministry of Security of gressions motivated in sexual orientation or gender this meeting we presented diverse initiatives Santa Fe and its local organizations, “VOX Aso- 45 ciación Civil” and “Unidos Todos Asociación Civil”, Intervention for Specific Groups LGBT Youth created a protocol for the security forces regar- ding the LGBT community, incorporating as inno- Specific social contexts are strongly related to the de- Loneliness, marginalization, forgetfulness and vio- vative aspects: velopment of LGBT people. The prejudices, discrimi- lence are common experiences for a good part of nation, gender roles and inclusion of physical, sexual, gay, lesbian, bisexual and trans youth. In spite of the • Expansion of the proceedings to all lesbian, gay, bi- and psychological violence against gay, bisexual, les- advances that have been made towards legal equa- sexual and trans people. bian and trans people puts them in situations of diffe- lity with respect to the LGBT community in Argenti- ring vulnerability. The concept of “differing vulnera- na, young LGBTs suffer strongly from discrimination. • Inclusion of the penitentiary in this Ministerial bility” indicates that some groups, in virtue of some Resolution. common determined characteristic, can be more ea- All of this does not impede the fact that LGBT youth sily affected by the same reality. In the case of LGBT are beginning to accept and make themselves visi- • Creation of a “Commission for Sexual Diversity” people the variable of differentiation is sexual orienta- ble at younger ages. This creates new struggles in the for the promotion of a specific approach for crimes tion and/or gender identity and/or expression, which design of public policies that guarantee consecrated that are committed because of sexual orientation is independent of other societal variables (situations rights in the Constitution for children and teenagers or gender identity of the victims. of poverty, lack of access to the health care system, and in the National Law of Integral Protection of chil- impossibility to access job sources, etc.) dren and teenagers, specifically for LGBT youth. • Creation of a commission that controls the imple- mentation of the Protocol with the participation of The particularities in which youth live during their There continue to exist many obstacles which youth the ONGs. process of formation, construction, or recognition meet with, without having their rights formally gua- of sexual orientation and/or gender identity/expres- ranteed. Violence, discrimination, stigma and ridicu- • Periodic publication of a report from the “Observa- sion, the disaffiliation1 of the system that lacks trans le are mechanisms which occur daily in the lives of tory of crimes based in sexual orientation or gen- people, the living machismo even within the LGBT many young LGBTs. Still today one can see a worrying der identity of victims”. community that renders invisible the realities of les- level of bullying, and even discrimination and violence bian women and bisexuals, the incidence rates of HIV- from professors and directors. AIDS in our community and the increasing demands of LGBT elders who are looking for places that fit their We are beginning to perceive a greater acceptance needs, are some of the situations that need to be bet- for sexual diversity in the family environment, but the ter understood. road to go is still long. Schools or groups of friends can also be places of exclusion. There exist few spa- ces where LGBT youth can socialize and express 1 Robert Castel would prefer this term before that themselves freely. Despite a large visibility of LGBT of “exclusion”, considering the latter to be dangerous— references, the media continues presenting a he- between other motives—and that to treat it as a word that terosexist standard. These representations usually in general is used to treat limited situations, of arrival, show ridiculed stereotypes which are far from daily does not keep in mind the specific processes or trajecto- experience. 46 ries that occur in those situations. A space for LGBT youth to feel free is the internet, and treatment. cy to young LGBTs in situations of familiar exclusion where they can obtain the information they look for, or violence. many times with more precision than they could For all of this we propose the following actions to aid through their families or schools. This does not come to revert this situation. JU10. Implementation of programs of workplace in- without risks, but social networks and new techno- sertion for the inclusion of LGBT youth, with the aim logies allow them to interact and share their own ex- JU1. Implementation of a Program for Orientation to guarantee equal access to employment. periences with other LGBT youth in similar situations. and Counseling for LGBT Youth, accessible through the telephone, the internet, and a physical location, JU11. Realization of campaigns to combat stigma and The situations of trans youth, in particular, are more working together with social organizations in all pla- the stereotypes against LGBT youth, specially those worrying, because they can count on very few trust- ces throughout the country. living with HIV-AIDS. worthy resources. And in spite of their strong indi- vidual strength, they are not free of exclusion in the JU2. Realization of campaigns for visibility, increased JU12. Creation and aid to organize and finance annual educational environments or in the workplace. strength, and empowerment for LGBT youth. meetings to strengthen youth LGBT activism at a local, national, and regional level. Beyond the fact that the recent legal advances regar- JU3. Implementation of campaigns destined at HIV ding sexual diversity have accelerated the process of positive LGBT youth and for the prevention and medi- integration for the LGBT community and helped to cal care for STIs in general. end stereotypes and prejudices that society has held on to for centuries, there are still enough obstacles JU4. Design of actions and specific policies to prevent so that there will be several generations before LGBT and eradicate the violence and abuse experienced by youth can express their sexual orientation or gender LGBT youth in the educative context. identity in their familiar, educational, or friendly envi- ronments, without fear of reject, marginalization, or JU5. Incorporation of services for counseling and fa- violence. mily aid to LGBT youth.

For this, implementation of public policies oriented JU6. Promotion of spaces for socialization for LGBT to include LGBT youth in social spheres is necessary, youth. assuring at the same time their economic and cultu- ral rights, with the end in mind to avoid the same su- JU7. Integration of the Sexual Diversity themes into ffering that many past generations have had to en- educational curriculum. dure. This will accelerate even more the process of change in the social imagination. New generations JU8. Realization of workshops and conferences to in- are characterized each time more for their accep- form and educate the youth about sexual diversity in tance towards cultural diversity and it is important public. to eradicate each obstacle that prevents LGBT youth from full social life and from equality of opportunities JU9. Creation of LGBT Homes that provide residen- 47 Lesbians and Bisexual Women combat this inequality. bian and bisexual women in situations of family exclu- sion or victims of violence. Lesbians and bisexual women represent at least half In this sense, in the road to fighting the structural in- the LGB population and so they could hardly be consi- equalities that violate the rights of lesbian and bi- dered as a minority inside this group. sexual women, we propose: Trans Men and Trans Women Nevertheless, the social discourses and emerging LB1. Implementation of a National Program of Equa- politics of the LGBT movement continue, conside- lity for opportunities and treatment that recognizes The trans community has historically lived in a situation ring the evident force in the last few years, to be ma- the concrete realities of lesbian and bisexual women, of grave exclusion and constant violation of their rights. le-centric: gays, men, continue to be in a majority of and that guarantees affirmative means to combat Between these, possibly the most important has been everything. discrimination and inequality. the right to identity, or as we used to say, “the right to all the other rights”. As has happened throughout history in social move- LB2. Design and implementation of specific pro- ments, it is very difficult to fight sociopolitical discour- grams for health care for lesbian and bisexual After the sanction of the Law 26743, that recognizes the se without incorporating the realities of women in the women, that understand the education of all health- self-perceived gender identity of people in conditions movement—in this case lesbians and bisexuals—and care professions for a correct attention and accessi- that elevate the international standard in this matter at we should be conscious of the fact that, beyond the bility to this group. unprecedented levels, a variety of new possibilities have legal discrimination that gays and lesbians suffered been opened for this community that has offered—and from, the social, economic, family and sexual situa- LB3. Promotion of programs of access to assis- continues to suffer today—the greatest social exclusion. tion for lesbians and bisexual women it is different ted human reproduction for all lesbian and bisexual than for gay men, and this differences deserve to be women that require it, independent of their civil state. Various estimations have determined that in our coun- made visible. try, for example, the average life expectancy for a trans LB4. Instrumentation of public campaigns for visibi- woman is barely 35 years, a situation that many times is The fight for equality is everyone’s responsibility. lity of lesbians and bisexual women, their demands aggravated by the prevalence of HIV-AIDS in this popu- Equality between gays and lesbians has to be achie- and their needs. lation (it is estimated that four of every ten trans women ved so that both realities can be incorporated equally live with HIV), and daily situations of exclusion, discrimi- into the common discourse, and so that both realities LB5. Implementation of programs for prevention, at- nation, segregation and violence. are known and the inequality fought with the same tention, and eradication of violence against lesbian common resources. and bisexual women. Within the trans male community the social stereo- types of masculinity in our society in some occasions Lesbians and bisexual women are not the “specific” LB6. Creation of programs for inclusive labor, free of obliges them to exercise this role of a stereotypical within the LGBT reality, but are part of the general po- discrimination, hostility, and abuse against lesbian man, adding to the obligation of hormonal treatments pulation as well. The tools of the larger group exist to and bisexual women, that guarantees full and equal and gender reassignment in despite of what personal obtain equality with the rest of society but are used access to diverse workplaces. wishes. differently in the majority of cases. The knowledge 48 of both realities is essential to design strategies that LB7. Creation of LBGT homes that give shelter to les- Trans men are also subjected to the same social pre- judice for sexual orientation, including within their own Certainly access to work is one of the most critical and people. community. most difficult to overcome. T6. Implementation of tax incentive programs to me- The community of trans men is so diverse in their desi- In terms of lodging by families and significant environ- dium and large companies that incorporate trans res, like any other human group and this generates pre- ments, most trans women have been driven from their people in their staff. judices within their own community. Exclusion of people homes at an early age and in the case of trans men who who desire and express themselves outside of the have not been expelled from their homes have endured T7. Development of inclusive labor policies for trans norm, as has historically happened with gay men, lea- violence and in some cases “corrective” sexual abuse. people in the field of public employment. ding to diagnosed pathology and segregation, situations This has caused much anguish and pain and they had to which even with the excellent tools that offer the recent leave their home to migrate to the big cities in search of T8. Implementation of scholarship programs for the norms, require very active public policies to revert in the a field of membership. maintenance and reinstatement of trans people in the short and long term a history of terrible exclusion. formal education system. In order to overcome this serious situation of exclusion Regarding education, it is known that trans people have and marginalization, we propose: T9. Implementation of programs of access to justice had enormous difficulties with access to and perma- and safety aimed at trans people, to ensure full respect nence in educational centers, and that in the majority of T1. Design and implementation of a comprehensi- for human rights and integrity. cases they cannot continue their studies, in some cases ve program of Trans Citizenship, to provide programs only being able to finish primary schools. of inclusion and equality for transgender people in T10. Design and impetus to prevention programs and every moment of life (childhood, adolescence / youth, campaigns on HIV / AIDS and other specific STIs in Regarding the health care system, the lack of respect to adulthood, elders). trans population. identity and difficulties to access to the health care sys- tem implies that many trans people do not access hos- T2. Implementation of a “subsidy for trans citizenship” T11. Implementation of mass campaigns to allow the pitals or similar centers, and the good care rests then at to provide social protection and a minimum income to removal of myths and prejudices about trans people the mercy of the goodwill of some doctors. all trans people and to overcome the situation of extre- and help counter stigma. me poverty and exclusion that an important part of this Another of the aspects that presents important diffi- group has. T12. Inclusion of trans themed educational curricula, culties for the trans community is housing. This inclu- with the aim of promoting equal enjoyment of rights for des contingency on an stable income and registered T3. Incorporation of trans gender identity to the as- transgender people in schools. employment, as well as stigma and prejudice when it sessment criteria for the allocation of social housing. comes to renting a home. Even more difficult is access T13. Create LGBT Households, which enable shelter for to mortgages. T4. Implementation of prevention programs for victims, women and trans men in exclusion or who are victims including the prospect of violence within the emotional of family violence. Even in the electoral process which involved the difficul- and social environments of trans people. ty until recent times having to go to a polling station of a different sex to which each person is identified and / or T5. Promotion and support for the formation of produc- expressed, expelled many trans people of the elections. tive enterprises and cooperatives working with trans 49 LGBT Elders significant. the information gap.

Various essays and papers, from both academic and Still different is the situation of lesbian and gay elders AM7. Training for public and private personnel in health public entities, have indicated that societies are expe- who suffer discrimination based not on just their se- care services, administration and all areas involving the riencing changes in their population structures. One xual orientation but on their age as well. Some of them, elderly, regarding topics in sexual diversity in order to component that has changed has been the life expec- being socialized in another cultural context, during prevent LGBT older people being deterred from ma- tancy, which experienced a significant increase. If this times in which the LGBT community was branded as king complaints or claim their rights against improper trend continues, societies will age gradually. According perverse, sick and degenerate because of their sexual or discriminatory treatment. to current statistics the population over 60 years repre- preference, have often lived their sexual orientation sents 10% of the world population, a trend which is si- through a “double life” and are largely isolated. For that AM8. Incorporation of public policies aimed at the el- milar in our country. reason they became a subset of this population which is derly that take into account the particular characteris- invisibilized and highly vulnerable. tics of each group of LGBT elders, especially conside- However, although these elements may account for the ring the living conditions, situations of violation, sexual number of elderly adults that there are in our country In this regard is that the following policies are proposed orientation and gender identity. and the world, they say nothing about the conditions, to address this group. quality of life and the way these people age. While aging AM9. Promotion of programs that aid victims of violen- is the final stage of the subject’s life, one should not ig- AM1. Implementation of programs to improve the qua- ce and crimes based on sexual orientation and gen- nore that this is a reflection of their personality. Thus, an lity of life in educational, health and social security for der identity, with special focus on those affecting LGBT older adult will reflect the consequences of the events LGBT elders. elders. traversed along the life course. Therefore, differences in material conditions, economic, health, gender and AM2. Forming peer socialization spaces and also spa- others, will affect the way they age. For this reason we ces to promote intergenerational dialogue between say that “LGBT Elders” is a category that is very broad LGBT youth and elder adults. Gay and Bisexual Men and diverse. AM3. Implementation of programs of access to housing Throughout history a “homosexual” sexual orien- LGBT elders experience specific and unique experien- for LGBT elders, especially for trans elders. tation was socially constructed based on stigma ces within the LGBT community. Unlike the other mem- and discriminatory practices typical of a socie- bers of the group, transgender people have a signifi- AM4. Career training and awareness for elders to con- ty structured on an hegemonic model of sexuali- cantly lower life expectancy, which, as we said will be template the prospect of sexual diversity. ty that reproduces sexually-generic dichotomy, ex- reflected, should they reach an older age. At present ac- cluding minorities who did not try to adapt to the cording to the latest statistical information, trans people AM5. Creation of open houses, which create specific social guidelines. have a life expectancy of between 35 and 45 years due spaces in which LGBT older adults can share experien- to marginal conditions to which they are exposed (eco- ces and projects. This discrimination and stigmatization has had nomic, social, labor, legal, etc.). The imprecision in the effects that have been reproduced over genera- age group over and this indicator shows the absence of AM6. Data collection (life stories, current and past) to tions, extending to the present day, and they ma- 50 a comprehensive study in this field, but the data are still determine the current situation of LGBT elders and fill nifest in the difficulties that gay and bisexual men have had while struggling to achieve equal recog- highly positive component presents new challen- GB7. State initiatives in scientific research in the nition and the full exercise of their rights. ges for public policy. field of STIs, in particular HIV, with a focus on fin- ding alternative methods of prevention, better Such discriminatory practices are then linked to Therefore, we propose: treatments and dissemination of realistic statistics stigma, posing as the unfair and unjust treatment to educate without alarming and promote the res- suffered by a person as having certain characte- GB1. Implementing a Comprehensive Program ponsible exercise of sexuality based on autonomy ristics, violating fundamental human rights and that provides access to adoption by couples of the and dignity. In this regard, particular account shall can be present at different levels, such as political, same sex, by providing professional assistance to be taken in regional and global efforts in the field economic, social, psychological and institutional. applicants, and training and education of the em- and the experiences of civil society organizations. ployees of the judiciary system and the Adopters’ There has also been further infringement to cer- Registries. GB8. Making anal health training available for tain factors, which have resulted in an increa- health professionals, and also for the LGBT com- sed exposure to infectious diseases—particularly GB2. Implementation of advice and support servi- munity in general. HIV/AIDS—, non-communicable diseases, men- ces for inclusion of adopted children in their new tal health and addictions, obstacles to resolving environments, with special emphasis on the issue GB9. Promoting access to anal pap smears as anal health problems and homicide. of single parenting and co-parenting. cancer prevention, and other measures to encou- rage anorectal health and overall sexual health of It has been found that discrimination, stigma and GB3. Implementation of programs for labor inclu- gay and bisexual men. prejudice form a stressful and hostile environment sion and prevention of discrimination based on se- that causes certain mental disorders at higher xual orientation in the workplace. GB10. Study and evaluation of implementation of rates than in heterosexuals, a higher prevalence the HPV vaccine in gay and bisexual men. of depressive and anxiety disorders among others. GB4. Creation of LGBT households to enable shel- In the same vein, the inadequate treatment in the ter for gay and bisexual men in exclusion or victims GB11. Promotion campaigns that address stigma medical field and the lack of specific information of family violence. and discrimination against gay and bisexual men about certain ailments and on the sexual practices from the perspective of improved self-esteem and of gay and bisexual men mean greater vulnerabili- GB5. Development of specific campaigns aimed positive values ​​of diversity. ty in the area of holistic​​ health. at gay and bisexual men about preventing HIV- AIDS and STIs testing, as well as counseling and More recently, civil rights won in recent years pre- treatment for those who test HIV positive. Empha- sent new challenges for couples, family forma- sis should be placed on treatment and prevention tion, parenthood, visibility in the workplace, family, in serodiscordant couples. friends, etc. We can say that gay and bisexual men have experienced in a few years a great revolution GB6. Design and dissemination of information for in their lives and are now faced with situations and gay and bisexual men about sexual practices of the decisions that in many cases had never been rai- group, with a focus on healthy and pleasure-focu- sed concerning their life plan. All this, even with its sed exercise of sexuality. 51 52 Bibliography Staff FALGBT

53 > Amnesty International > C.E.L.S & Human Rights Watch > Foucault, Michel 2008 «Derechos humanos y diversidad afec- 1998 «La Inseguridad Policial» – Buenos Aires: Ed. 1984 «Histoire de la sexualité, vol. 2: L’usage des tivo-sexual». Disponible online en: http://www. Eudeba. Disponible online en: http://www.cels.org. plaisirs», París:Gallimard (tr.esp.: Historia de la Se- es.amnesty.org/uploads/tx_useraitypdb/Material_ ar/common/documentos/cels_hrw.pdf (01/07/09) xualidad Vol. 2. El uso de los placeres, Buenos Aires: para_el_educador.pdf (01/07/09) Siglo XXI, 1990) > Coleman, E. > Asociación Americana de Psicología 1982. «Developmental stages of the coming out > Gay and Lesbian Medical Association 2002 American Psychologist Journal, Vol. 56 Nro. process». Journal of Homosexuality, Nº 7, Pag. 31- 2001 «Healthy People 2010 Companion Docu- 11, Pag. 46 43. Nueva York: Hawthorn Press. ment for Lesbian, Gay, Bisexual and Transgender (LGBT) Health» – San Francisco: Gay and Lesbian > Bazán, Osvaldo > Davis, Jose & Fuentes Miguel, Jorge & Medical Association. Disponible online en: http:// 2004 «Historia de la homosexualidad en la Ar- Sparkes, Andrew www.lgbthealth.net/downloads/hp2010doc.pdf gentina. De la conquista de América al siglo XXI» – 2005 «¿Que permanece oculto del curriculum (10/06/2011) Buenos Aires: Edit. Marea oculto? Las identidades de género y de sexualidad en la Educación Física». Revista Iberoamericana de > Goffman, Erving > Butler, Judith Educación N°39 (OEI): Madrid, España. 1963 «Stigma. Notes on the Management of Spoi- 2008 «Cuerpos que importan. Sobre limites ma- led Identity», Englewood Cliffs: Prentice-Hall Inc.; teriales y discursivos del sexo», Ed. Paidós, Buenos > Degges-White, S & Rice, B & Myers, J (tr esp. Estigma: La identidad Deterioriada, Buenos Aires 2000 «Revisiting Cass´ theory of sexual identity Aires: Amorrortu, 20062) formation: A study of lesbian development». Jour- > Carballeda, Alfredo nal of Mental Health – Vol. 22, Pag. 318-333 > Instituto Nacional contra la Discrimina- 2008 «Los cuerpos fragmentados: la intervención ción, la Xenofobia y el Racismo en lo social en los escenarios de la exclusión y el > Doctor, Richard 2008 «El Disciplinamiento social de la sexualidad. desencanto» – Buenos Aires: Edit. Paidós 1988 «Transvestites and Transsexuals: Towards Informe federal sobre discriminación en los códigos a Theory of Cross-Gender Behavior» - Plenum de faltas y contravencionales» – Buenos Aires: s/c > Cass, Vivienne Press, New York. 1974 «Homosexual Identity Formation: a theo- > Jodelet, Denise retical model», Journal of Homosexuality, Pag. 2– > Ferguson, Marilyn 1991 «Madness and social representations». Nueva York: Hawthorn Press. 1980 «The Aquarian conspiracy, personal and Hemel Hempstead: Harvester/Wheatsheaf. social transformation in the 1980», Los Angeles: > Castel, Robert Kairos (tr.esp.: La conspiración de acuario, Buenos > Kaufman, Joanne & Johnson, Cathryn 1997 «Las Metamorfosis de la Cuestión Social. Una Aires: Ed. Troquel, 1989) 2004 «Stigmatized Individuals and the Process Crónica del Salariado» – Ed. Paidós, Buenos Aires of Identity», The Sociological Quarterly, Vol. 45, Nº4, Pag. 807-833

54 > Kinsey, Alfred C. > Ministerio de Salud de > Pecheny, Mario; Figari, Carols 1948 «Sexual Behavior in the Human Male» - Phi- la Nación Argentina y Jones, Daniel ladelphia: Indiana U. Press 2010 «Informe Final personas homosexuales, bi- 2008 «Todo sexo es político: Estudios sobre se- sexuales y trans. Condiciones de vulnerabilidad al xualidad en Argentina». Buenos Aires. Libros del 1953 «Sexual Behavior in the Human Female» – VIH/SIDA e ITS y problemas de acceso a la atención Zorzal. Philadelphia: Indiana U. Press de la salud en personas homosexuales, bisexuales y trans en la Argentina». – Buenos Aires > Platero Méndez, Raquel > Lee, Robert G & Wheeler, Gordon 2007 «¡Maricón el ultimo! Docentes que actua- 1997 «The voice of Shame: Silence and connection > Moya Morales, Miguel mos ante el acoso escolar en el instituto», Revis- in psychotherapy» – Cambridge: Routledge 2004 «Actitudes sexistas y nuevas formas de se- ta D´Estudis de la Violencia, Numero III, octubre de xismo» en Barberá, Esther e Ines Martínez Ben- 2007. Disponible online en: http://www.icev.cat/mari- > Lic. Leone, Guillermo, lloch, Psicología y género - Madrid: Prentice. conelultimo.pdf (10/06/2011) 2002 «Homosexualidad, vergüenza y riesgo», Aso- ciación Gestaltica de Buenos Aires: Buenos Aires- > Moreno Esparza, Hortensia > Rapisardi, Flavio Disponible online en: http://www.agba.org.ar/articu- 2010 «La construcción cultural de la homosexua- «Entre la desigualdad y la diferencia, Cultura y dis- lo22.htm (10/06/2011) lidad». Revista Digital Universitaria, Vol. 11, No.8. criminación en América Latina». Disponible online en: http://www.revista.unam.mx/ > Mancuso, Hugo vol.11/num8/art79/index.html (10/06/2011) > Ríos, Rubén H. 2005 «La Palabra viva. Teoría verbal y discursiva 2007 «Michel Foucault y la condición Gay» - Ma- de Michail M. Bachtin» – Buenos Aires: Paidos drid: Campo de ideas Editores > Organización Internacional del Trabajo > Maroto Saez, Ángel 2007 «La Igualdad en el Trabajo: Afrontar los retos > Santa Sede 2006 «Homosexualidad y Trabajo Social. Herra- que se plantean». – Suiza: ILO Publications Office. 2005 «Compendio del Catecismo de la Iglesia Ca- mientas para la reflexión e intervención profesio- Disponible online en: http://www.ilo.org/wcmsp5/ tólica» – Madrid: Promoción Cultural Cristiana. Dis- nal» - Madrid: Siglo XXI Editores groups/public/@dgreports/@dcomm/@webdev/do- ponible online en: http://www.vatican.va/archive/ cuments/publication/wcms_082609.pdf (10/06/2011) ESL0022/__P86.HTM (10/06/2011) > Meccia, Ernesto 2006 «La Cuestión Gay: Un enfoque Sociológico» - > Oslak, Oscar y O’Donnell, Guillermo > Spargo, Tamsin Buenos Aires: Gran Aldea Editores 2007 «Estado y políticas estatales en América 1999 «Foucault and Queer Theory». Icon Books Latina: Hacia una estrategia de investigación» Ltd.; (tr esp. Foucault y la teoría Queer, Barcelona: > Ministerio de Educación de en Lecturas sobre el Estado y las políticas públi- Gedisa Edit., 2004) la Nación Argentina cas: Retomando el debate de ayer para fortalecer 2008 «Lineamientos curriculares para la edu- el actual. Jefatura de Gabinete de Ministros de la > Troiden, Richard cación sexual integral» – Buenos Aires: VCR Im- Nación. Buenos Aires. 1989 «The formation of Homosexual Identities, presores S.A. in Gay and Lesbian Youth» – Gilbert: Harrington Park Press. 55 «Directrices internacionales sobre el VIH/SIDA y los derechos humanos». Versión consolidada de 2006. Año 2007. ONUSIDA.

«Derechos humanos, salud y VIH. Guía de acciones estratégicas para prevenir y combatir la discrimi- nación por orientación sexual e identidad de géne- ro». Abril de 2007. ONUSIDA, GCTH, Centro Interna- cional de Cooperación Técnica en VIH y Sida.

«Reducir el estigma y la discriminación por el VIH: una parte fundamental de los programas naciona- les del SIDA». Diciembre de 2007. ONUSIDA.

«Fortalecimiento de la incidencia política y la ac- ción legislativa en respuesta al VIH en Latinoaméri- ca y el Caribe». Febrero de 2010. PNUD LAC, Grupo Parlamentario Interamericano sobre Población y Desarrollo.

2003 Journal of Epidemiology and Communi- ty Health. «Theory and Methods: Defining equity in health».2003:57:254-258.

2003 «Derechos Molestos. Análisis de tres conje- turas sociológicas relativas a la incorporación de la problemática homosexual en la agenda política ar- gentina», Revista Argentina de Sociología Año 1, Nu- mero I, pág. 32.

2010 Federación Argentina de lesbianas, gays, bi- sexuales y trans. «Primera edición del Plan de Ciu- dadanía LGBT», FALGBT/PNUD/ONUSIDA

56 Federación Argentina de Lesbianas, Gays, Bisexuales y Trans Agradecimientos (Argentine Federation of Lesbians, Gays, Bisexuals and Trans)

Directive Comitee This proposal is based on the “VOX Plan for issues of sexual diversity in Santa Fe” and “Social Work and Affective-Sexual Diversity. Proposals for Professional Inter- President: Esteban Paulón (Vox AC) vention”, by Pablo Fracchia. Vice-president: Claudia Castrosín Verdú (La Fulana) General Secretary: Marcela Romero (ATTTA) We especially appreciate the assistance of Guillermo Lovagnini, María Rachid, Fer- Secretary: Flavio Rapisardi (Área Queer) nando Baggio, Matías De Volder, Walter Torres, Adrián Urrutia, Luisa Paz, Mary Ro- Treasurer: Soledad Linale (La Fulana) bles, Rodrigo Liendro, Fernando Rada, Josh Kruchten, and all the organizations of Vocal: Gustavo López (Nexo AC) the FALGBT who shared their experiences and initiatives. Vocal: Marcelo Marquetz (Nexo AC) Vocal: Gabriel Sánchez (Club de Osos de Buenos Aires) Vocal: Mariano López Reta (Club de Osos de Buenos Aires) In Memory of Claudia Pía Baudracco (Venado Tuerto, Santa Fe Province, October Secretaries 22, 1970 – Buenos Aires, March 18, 2012), founder of ATTTA and Secretary of the FALGBT for trans women, and tireless campaigner for the Gender Identity law and Legal Affairs: Flavia Massenzio promotion of rights of trans people in Argentina. International Relations: Alejandro Nasif Salum Culture: Ignacio Marasco Education: María Alejandra Aranda Health: Javier Aballay The designations employed and the way in which data are presented in this publica- Youth: Julieta Calderón tion do not imply any judgment on the part of the Joint United Nations Programme Employability – Enterprises: Adrián Barreiro on HIV / AIDS, UNAIDS. The contents do not necessarily reflect the opinions or re- Emlpoyability – Social Economy: Soledad Pilar Gómez commendations of the UNAIDS policy. All rights are reserved. Neither this publica- Trans men: Kalym Soria / Gian Rosales tion or parts of it may be reproduced by any system or transmitted, in any form or by Lesbian and bisexual women: Verónica Capriglioni/Miriam Maguicha any means, electronic, mechanical, photocopying, recording or otherwise, without Antirepressive Policies: Juan Parchuc / Silvia Delfino / Fabricio Forastelli the prior written permission of the publisher. Religious Diversity: Pastor Roberto González Sports: Lautaro Bustos Suárez Political Parties: David Encina / Marcelo Yahari

Proposal from

of a federal public policy for citizenship of lesbians, gays, bisexuals and trans in Argentina.

Financial support from PNUD y ONUSIDA. Institutional support: Grupo Interagencial de VIH-SIDA de ONU.

Argentina

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Marca con logotipo centrado Sponsors

PARA ROTULAR

Marca con logotipo marginado a la izquierda Marca calada Marca de gestión (No usar marginado a la derecha) Usos económicos Uso institucional

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