He had been fighting for the rights of trans and transvestite people for more than twenty years when was killed by 13 stab wounds. Diana Sacayán then became the symbol of the cry against transvesticides and transfemicides. By Diana, in a unprecedented trial, Justice used the word “transvesticide” for the first time to condemn his murderer to life imprisonment. The Court considered that it had been a crime of prejudice and discrimination and with gender violence.
Diana had obtained the sanction of the Buenos Aires law of trans labor quota, which bears his name and it was the first in the world. On Thursday the Senate signed into law the Trans Labor Quota at the national level. It also bears the name of Diana, and that of another well-known militant, Lohana Berkins, who just before the death of her partner had said: “Diana’s murder is a transvesticide and we must begin to recognize these acts as hate crimes“.
Gay Pride March 2015. Request for Justice by Diana Sacayán. Photo: Guillermo Rodríguez Adami.
# 28J: Fight Day
Hate crimes continue, and every June 28 is a day of fighting to ask the end of violence, transvesticides and transfemicides. The date commemorates the Stonewall revolt – the historic night in which the 200 people who were inside a New York bar rebelled against a group of policemen who tried to repress – and focuses the complaint not only on the number of murders of people for being transvestites or trans, if not their preventable deathsTherefore, the permanent claim to the State to guarantee basic rights.
“28J – ENOUGH of Travesticides, Transfemicides and Transhomicides ENOUGH is the founding cry from exhaustion: ENOUGH to kill us. With the pain of the comrades who are no longer here, this year the disappearance of Tehuel de la Torre revolts us, we demand Appearance alive NOW! Justice for Santiago Cancinos! “, Says the organizations’ statement.
On March 11, Tehuel de la Torre (21) left his home in San Vicente heading to Alejandro Korn to go to a supposed job interview. Since then nothing has been known about Tehuel, a young trans. Santiago Cancinos left his home in Salta on May 16, 2017. He was a trans teenager, he was 14 years old. They found him dead recently, and by chance.
Call for the mobilization of this 28J.
“The pandemic and the economic crisis hit us hard, we have to go back to the streets to demand: concrete policies of reparation and justice; policies of economic containment and prevention and health care, adapted to our needs. We cannot allow that companions, companions, companions continue to die. In unity, as a movement, we summon the sixth Plurinational Anti-racist march Stop Transfemicides Transhomicides“, says the call, which is Monday at 5 pm in front of the National Congress.
According to different civil associations, there were at least 12 transvesticides and transfemicides from last June 28 to this, one per month. The Casa del Encuentro has registered 42 in the last six years. A report from the Specialized Fiscal Unit for Women (UFEM) analyzes four that existed in Caba between 2015 and 2019, and details patterns, they went at night, on weekends. The Supreme Court registered six during 2020. But the civil association La Rosa Naranja maintains that there were 11 hate crimes in 2020. And it adds up to 97 preventable social transvesticides.
“The most extreme violence towards trans people are homicides based on gender identity, that is, transvesticides or transfemicides. Although efforts are being made, the statistics do not reflect the full extent of the phenomenon. According to the latest report from the Supreme Court, there are 6 out of 251 direct victims of femicide. Of the 7 attackers determined, in 1 case it was a couple and in another it was “another type of bond”. In 4 other cases, the active subjects were unknown to the victims. In the case that a couple bond was revealed, there was coexistence at the time of the event, in 5 cases they did not coexist and for the remaining case, no data was obtained, “explains Greta Pena, Executive Director of 100% Diversity and Rights.
“However, coming out of the judicial files arises the concept of transvesticide-social transfemicide, which is a political category that allows us to make visible the structures and processes of vulnerability that crystallize in the death of a transvestite, a trans woman. It differs from the concept of femicide, in addition to particularizing the gender identity of the victim, because it considers not only those deaths caused by intentional homicides, but also deaths that occurred due to situations of vulnerability, that we understand should have been avoided through protection and state containment measures, “he adds.
“These preventable deaths, at an early age and due to causes of structural vulnerability, It is the great challenge that we face in society. Gender Identity laws and the recent job vacancy are fundamental, however, a cultural change continues to be the pillar to build a society without violence“, he concludes.
“There are many deaths that could be avoided, that’s why we call them social transvesticide. They have to do with inequality, poverty, not being able to access health, education or work, that leads to prostitution, with what it means, and situations of violence, not having social coverage, the life expectancy of trans people is 35 to 40 years, “he assures Clarion Marcela Tobaldi, President of the Civil Association “La Rosa Naranja”.
“The State is the one that does not take care of complying with the gender identity law, it is not respected. The Judiciary continues to discriminate and violate the rights of trans people, there is a lot of resistance“Tobaldi adds.
“The statistics do not reflect reality and in part it is because the data of the people of when they were born is loaded, and not with their self-perceived identities. If we had the real data, we would know how many colleagues do not have access to rights or are detained, or with probation, or with an electronic bracelet, or are victims of violence, we do not know. Dignified treatment is not respected, and that is what the law says. “
Article 12 of Law 26743 says about dignified treatment: “The gender identity adopted by people, especially girls, boys and adolescents, who use a first name other than the one recorded on their national identity document must be respected. At his sole request, the adopted first name shall be used for the summons, registration, file, call and any other management or service, both in the public and private spheres. When the nature of the management makes it necessary to record the data in the national identity document, a system will be used that combines the initials of the first name, the full surname, day and year of birth and document number and The first name chosen for reasons of gender identity will be added at the request of the interested party. In those circumstances in which the person must be named in public, only the first name of choice that respects the adopted gender identity should be used. “
According to the Renaper, until May 2020, 9 thousand people had changed their ID, it is estimated that today they would reach 10,000, but for Marcela, there should be at least 20 thousand people who changed their document: “What happens is that there are a lot of vulnerability, people do not find out, the information does not reach them, or you do not have the means to manage the document change. More work on the territory and good communication is needed. “Identity is not only a basic right, but the gateway to all other rights.