Recognizing Diversity Issue, Argentina Law Adds Transgender Workers to Labor Force

RIO DE JANEIRO, BRAZIL – Argentina has long been a progressive bastion in Latin America. It was one of the first countries in the region to allow same-sex marriage and also has anti-discrimination laws in many cities. It’s also been a beacon of hope for the transgender community, with the government long allowing individuals to choose their self-perceived identity regardless of their biological sex.

However, transgender workers still face immense discrimination and that has left a reported 95% of the community without formal employment. To help try and address this issue, the nation’s leaders have instituted a program to ensure that at least 1% of the workforce is made up of trans workers. It’s an ambitious task but the government is already making progress.

Argentina’s President Alberto Fernández signed a decree in September establishing a 1 percent employment quota for transgender people in the public sector. The law went into effect on January 1st and its aim is to bring more trans workers into the formal economy.

According to Argentina’s LGBTQ community, 95 percent of transgender people do not have formal employment, with many forced to work in the sex industry where they face violence.

“If all the institutions implemented the trans quota, it would change a lot for many of my colleagues. It would change the quality of their lives and they would not die at 34, or 40, which is their life expectancy today,” Angeles Rojas, who recently landed a job at a national bank, told NBC News.

There are no official figures on the size of the transgender community in Argentina, since it was not included in the last 2010 census. But LGBTQ organizations estimate there are 12,000 to 13,000 transgender adults in Argentina, which has a population topping 44 million.

Argentina has long prided itself on its progressive policies. The nation was one of the first in the Americas to recognize same-sex unions and several cities have anti-discrimination laws aimed at protecting the LGBTQ community.

In 2012, Argentina adopted an unprecedented gender identity law allowing transgender people to choose their self-perceived identity regardless of their biological sex. The law also guarantees free access to sex-reassignment surgeries and hormonal treatments without prior legal or medical consent.

Worldwide, only neighboring Uruguay has a comparable quota law promoting the labor inclusion of transgender people. And a law such as this one has the potential to impact the lives of transgender Argentinians greatly.

A recent report by the Latin American and Caribbean Network of Trans People published in December said “the vast majority of trans women in the region have sex work as their sole economic and subsistence livelihood.”

It goes on to say: In Latin America and the Caribbean transgender people have their right to work violated along with all their human rights, and this takes place “in a context of extreme violence.”

Despite legal protections, Argentina’s trans community remains at risk. Many of the country’s trans citizens live in the Gondolín, a building in the Buenos Aires’ Palermo neighborhood, for protection and strength in numbers.

There have been advances in Argentina. This year, Diana Zurco became the first transgender presenter of Argentine television news, Mara Gómez was authorized by the Argentine Football Association to play in the professional women’s league and soprano María Castillo de Lima was the first transgender artist to go on stage at Teatro Colón.

However, the gap between the equality established by law and the real one remains large, warned Ese Montenegro, a male transgender activist hired as an adviser to the Chamber of Deputies’ women’s and diversity commission.

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