MercoPress. South Atlantic News Agency

Chilean court ruling grants right to non-binary ID

Chile followed the example of Colombia, Argentina, and Canada, where people have the legal right to be considered of non-binary gender

A ruling by Chile's Judiciary where a Law School team represented the plaintiffs has recognized -based on the examples of Colombia, Argentina, and Canada- the right of non-binary gender people of legal age to change their birth certificate and mark it with an “X” instead of “feminine” or “masculine,” it was reported in Santiago.

The ruling draws on the comparative experience in Colombia, Argentina, and Canada among 20 other countries where non-binary persons are recognized and the use of the “X” marker is internationally recognized.

The sentence includes the arguments raised by Professor Lorena Lorca, who has since 2009 represented transgender people in need of a change to their birth certificate in terms of name and sex. More than 370 cases have been successfully concluded.

Last week's ruling was the first issued in Chile in the case of a person of legal age who is recognized as a non-binary person, admitting that his legal name is detrimental and that the registered sex does not correspond to the person's gender identity and must be rectified.

The plaintiff, after a process of several years of self-discovery and knowledge, decided to go by a name deemed to be neutral, which was at the same time recognized by the person's family, peers, and university professors. With a social name not legally recognized, the well-being and peace of mind of the person were dependent on the will of other people.

“Although there is no express norm that allows acceding to the request to inscribe in the birth certificate in the sex section the letter X, given that in Chile at the moment of birth every person is assigned the classification male or female only by the biological aspect, it is, for now, the only way to recognize its non-binary gender when rectifying the birth certificate,” the court said.

It added that “the identity of an individual must be recognized so as to allow every person to develop in an adequate manner and in accordance with his or her gender expression, preventing his or her integral development from being violated and to fully exercise his or her vital project around his or her identity, in an environment of respect and recognition of rights for a full life.”

“Gender identity constitutes one of the most representative ways of exercising equality before the law, because it reflects the right of every individual to self-determine his or her individuality and identity, without stereotypes or assignments that undermine him or her morally and in his or her integral development,” it went on.

Meanwhile, the Italian government's special envoy for the human rights of LGBTIQ+ people, Fabrizio Petri, praised Chile's progress in favor of sexual diversity by having “very advanced” domestic legislation and “an important regulatory policy on human rights”.

After a four-day visit to the country, the Italian dignitary met with authorities from the Ministries of Foreign Affairs and Education as well as with activists from several gay-rights movements.

Petri told ANSA he had found in Chile “an extraordinary welcome, an impressive will to progress” and stressed that the meetings were “very fruitful” both with Foreign Minister Antonia Urrejola and Undersecretary Ximena Fuentes.

(Source: ANSA)