The Chamber of Deputies approved in the early hours of this Friday the draft labor inclusion for the trans population, transvestite and transgender, where it is established that the State must hire at least 1 percent of the staff of the public administration, in all the current regular contracting modalities.
The so-called Diana Sacayán – Lohana Berkins Law, who were recognized defenders of the formal trans and transvestite labor inclusion, was sanctioned with 207 positive votes, 11 negative votes and seven abstentions.
The debate in Congress was marked by the case of Tehuel De la Torre, who is missing for three months. The 22-year-old was last seen on March 11 when he went to a work meeting in the Buenos Aires town of Alejandro Korn.
At the opening of the treatment of the norm, the president of the Women and Diversities commission, Mónica Macha (FdT), one of the legislators who promoted the initiative, stressed that with this debate she places herself “at the center of the political conversation that We are not male or female, we are not what our genitals force us to do, we are not the prison of a body “. “This law attack patriarchy, attack biologism. We are putting biological mandates on the agenda and dismantling binarism, “he added.
For its part, the Cordoba Gabriela Estevez, recalled the figure of Diana Sacayán, who was one of the main activists of the human rights movement and of the struggle for the recognition and social inclusion of the trans group in Argentina who was assassinated in 2015. And she quoted a phrase that Sacayán pronounced in 2004 when he said that “until we can put ourselves in the shoes of the other, we will not be able to think of ourselves as transforming subjects of reality”.
It was in this context that the official legislator pointed out that “the trans collective lived a genocide for years, with a life expectancy of 40 years, preventable deaths. “The proposal also foresees that” in order to guarantee real equality of opportunities, the educational completion requirement cannot be an obstacle to entering and remaining in employment in the terms of this Law “.
Likewise, the law defines “transvestites, transsexuals and transgender persons as all those who perceive themselves with a gender identity that does not correspond to the sex assigned at birth.”
The board of voting in deputies. Photo: screenshot
During the debate, Paola Vessvessian, said that “the long-awaited day has arrived” and defended the collective struggle that allows the approval of this norm. “Two data that call attention: not getting stable work and the precariousness of health coverage. It is a law that allows creating a life project,” he added.
The deputy for the Civic Coalition Maximiliano Ferraro was another of the speakers in this debate. “For years the State must recognize the rights of this group,” said the legislator for the city of Buenos Aires, who indicated that the representatives of this group “were treated as third-class citizens“Today we have one more freedom and one less shame so that in our society we can all fit,” emphasized Ferraro, who highlighted the support for the recognition of rights that this initiative represents.
Meanwhile, Enrique Estevez, warned that the political leadership is still “far from paying off the debt that the State has with this group. “” We are talking about people, who have a life expectancy of 40 years. So every day that we as a State cannot guarantee all the rights of these people, we will not be able to guarantee reparation for the older generations of this group, “he warned.
Monica Schlotthauer (Izquierda Socialista), who was sworn in on Thursday to replace Nicolás Del Caño, as part of the rotation of seats that are the form of the agreement within the Left Front, defended the spirit of the proposal.
“Tehuel lost his life going to look for a clandestine job because the quota is still not applied in the province of Buenos Aires and not in other provinces that also have it,” the legislator recalled in reference to the case of the young man who disappeared three months ago. “You have to be very brave to defend being butterflies in a society guided by worms of a rotten, misogynistic and anti-right morality,” said the legislator.
Flavia Morales placeholder image transmitted during the session that it is a group that was the “more stigmatized and vulnerable”, becoming a victim of “repeated violations of their human rights.” “Accessing a formal job is key for them to be able to fulfill themselves as individuals,” said the legislator from the Misiones Concord Front.
Leonardo Grosso He stressed that there are already 18 trans and transvestite workers in Congress and stressed that this initiative “is the result of the struggle of colleagues” to “guarantee equality in such unequal Argentina.”
The representative of the Frente de Todos urged “the deputies, deputies and deputies to make an effort so that there are 257 and not 18 transvestite companions, trans, in Congress.”
For its part, the radical Roxana Reyes described the day as “a historic day, of recognition of rights.” “Whenever it is about the recognition of rights, we will accompany and demand so much time of silence, discrimination, forgetfulness and abuse,” he added.
The macrista deputy Alejandro Garcia, justified its rejection of the initiative because in its articles the proposal establishes – under the protection of non-discrimination – that applicants are guaranteed that “infringement or criminal records cannot be assessed because they are irrelevant for access to the job position.”
“It’s a lousy antecedent that this body is attributed which crimes are relevant and which are not, “argued the legislator who received some boos from the boxes occupied by representatives of transvestite-trans groups.
Representatives of the transvestite – trans groups went to Congress. Photo: Juano Tesone
Satisfaction of transvestite – trans groups by the half sanction of Deputies
From the National Campaign for the Quota and the Labor Inclusion of Trans Travesti they celebrated the half-approval of the Diana Sacayán – Lohana Berkins Law approved in the Chamber of Deputies of the Nation.
The initiative, which is now going to the Senate, is the result of a text of unity promoted by the Pride and Struggle Front, the LGBTIQ + League of the Provinces and the Federal Trans and Travesti Argentina Convocation, together with the support of the national deputies Mónica Macha, Gabriela Estévez, Vanesa Siley and Cristina Álvarez Rodríguez, stood out from the organization, made up of more than 250 entities.
Marcela Tobaldi, founder of the La Rosa Naranja Civil Association, a member of the Pride and Struggle Front, indicated that after decades of exclusion, persecution, stigmatization and institutional violence towards the trans transvestite population, a new cycle in terms of rights recognition begins, such as work from which we were excluded because of our gender identity. “
“This stage that is approaching will contribute not only to labor inclusion but also to new social relationships based on respect, the recognition and appreciation of diverse gender identities ”, he added.
Thiago Galvan, secretary of Transvestite, Trans and Non-Binary Identities of the LGBTIQ + League of the Provinces, qualified as “a historical fact” the enactment of this law, which he highlighted is “the result of many years of struggle in which many comrades left their lives.” “It is a cloth of hope for children, youth and transvestite and trans adult people who can dream of other possible lives, livable. Today we have a half sanction that legitimizes us as subjects of law,” he said.
For Claudia Vásquez Haro, President of Otrans Argentina and the Federal Trans and Travesti Argentina Convocation, the sanction of this norm is “an act of reparation by the State in the face of all the years of forgetfulness and systematic exclusion “towards this group.” Accessing the right to work implies being able to project and embark on a life project, under equal conditions as any citizen. We are going to continue to militate so that the Senate will deal with it as soon as possible and become a Law, “he added.
Celebration in the deputies’ boxes after the approval of the law. Photo: screenshot
The transvestite collective has a life expectancy of between 35 and 40 years of age as a consequence of the systematic violation of their fundamental rights, starting with their structural exclusion from the formal labor market.
According to the data managed by the organizations, “nine out of ten transvestite and trans people do not have a registered job, conditioning most of them to practice prostitution and, as an extension, to institutional violence and the deterioration of your integral health “. “In addition, the situation of the group has notably worsened during the pandemic,” they explained.
The half-sanction approved in the lower house establishes a transvestite transvestite work quota of 1% in the public sphere, incentives for private companies that hire transvestite and trans people, and financial support for transvestite transvestite productive projects, among other aspects.
Currently, the quota has already been decreed for the National Public Administration and the Senate. Laws of quota and / or transvestite labor inclusion were also approved in the provinces of Buenos Aires, Chubut, Río Negro, Chaco, Santa Fe, Entre Ríos and La Pampa, as well as similar ordinances in more than 50 municipalities throughout the country.