A Buenos Aires court yesterday recognized the lifelong institutional violence, stigma and discrimination of a 60 year old trans woman in Buenos Aires during all of her life. The judge called it “Existential discrimination”. The woman was granted lifelong living wage as a reparation for all the violence. This is a necessity, because there is no justice without social economic justice being applied.
In the process the Yogyakarta Principles on the application of human rights law to sexual orientation and gender identity have been used extensively. A key role was played by Principle 20 on the right to effective remedies and redress. This elaboration of human rights law goes further than the regular use for legal gender recognition or the right to health and freedom from forced medical interventions. As do human rights in general.
The beneficary wants to stay anonymous. and four other 40-plus women are awaiting the decision in their cases. The case was brought on by the Mesa Nacional por la Igualdad, the Federación Argentina LGBT and the Asociación de Travestis, Transexuales y Transgénero (Attta). It was supported by the LGBT Ombudsoffice of the capital.
This case is the first in its kind to get a positive result. In 2013 Swedish trans people who underwent coerced genital surgery under the old law, tried to sue the state for this but the case got dismissed. They hope to now stand another chance.
This news comes from an e-mail by Mauro Cabral of GATE and an article on Infojus Noticias in Argentina. An update will be provided when there is more news.