Identidad de género y medidas de acción positiva

El caso de Operadora Ferroviaria Sociedad del Estado

Abstract

The Gender Identity Law No. 26.743 implied a silent change of paradigm in our legislation regarding the real equality of treatment of people based on their gender, by prioritizing the intimate self-perception of the person over any other sexogenic classification coming from medicine or biology. It was a pioneering law worldwide that depathologized gender status and granted rights to people of non-hegemonic gender. This law was the result of a conventional, constitutional and normative evolution, and was the origin of numerous norms that embodied different active policies on the subject. This paper is headed to analyze the approach that Argentine law has given to gender identity, its connection with reality, the shortcomings that reality itself has marked, and the challenges that arise in the near future. In this line, the gender policies carried out by Operadora Ferroviaria Sociedad del Estado are analyzed, in particular those aimed at the LGBTTTIQ+ collective, and their impact on their recipients.