The government officialized the prohibition of prison transfers for prisoners that change gender

As part of its “Antiwake” agenda, the Government The decision that the accommodation of prison detainees is determined by the sex that the person registers when committing the crime that led to their arrest. In this way, the administration of Javier Milei seeks prevent transfer of inmates due to subsequent gender changes that have been made covered through the Gender Identity Law No. 26,743.

The Government seeks to limit jail transfers for gender change

During his press conference on Wednesday – the second of the day – Adorni said: “The President of the Nation It will also decree that the accommodation of the prison detainees will be determined according to the sex registered at the time of the criminal act, to prevent anyone from using the gender change excuse to ask for a transfer from the jail in which it is found. ”

In this way, the Decree published in the Official Gazette of the date – which carries the signatures of President Javier Milei, the chief of Cabinet, Guillermo Francos, and the Ministers of Justice, Mariano Cúneo Libarona, and Security, Patricia Bullrich – Determine that “the Penitentiary Administration will assign, within its same jurisdiction, the place of accommodation, relocation or transfer of the person deprived of liberty based on the sex that the person records, in the terms of the Law No. 26,743at the time of which his arrest was ordered. “

On the other hand, the official text has two cases in which “the accommodation cannot be arranged in a penitentiary establishment for women, of a person who has processed the registration rectification of your sex“

The first of these scenarios details the government is when “the deprivation of liberty is arranged by the commission of a crime provided for titles I, III or V of the second book of the Criminal Code or for any other crime when it had been committed with Violence towards a woman. ” On the other hand, this prohibition will also be available when “the technical evaluation carried out by the Penitentiary Administrative Authority determines that its accommodation in a penitentiary establishment means a risk For security, physical, psychic or moral integrity or life of the other inmates of the penitentiary establishment. “

For its part, article 2 details that “the competent authority for the Directorate of Penitentiary Establishments must deny Any request for relocation or transfer within the same jurisdictionto the person who with posterity to the fact by which his arrest was ordered to initiate the registration rectification procedure of sexof the first name and the image provided for in Law No. 26,743, when it enforced the aforementioned rectification for the approval of your application. “

The decree drives the different provinces – and the Autonomous City of Buenos Aires – to adhere to the new regulations. The measure is already in forceafter being published in the Official Gazette.

The case on which the government’s decision is based

Within the recitals of the norm, the ruling party cited a recent case to justify the decree published in the Official Gazette. It is about what happened with Gabriela Fernández who after self -perceiving womanchanged its gender identity and was transferred to the women’s sector of the Bouwer prison, located in the province of Córdoba, where it was later denounced by abuse against a companion who was housed in the ANNEX SALE A OF THE PENITENTIAL ESTABLISHMENT No. 3.

“A person, condemned by the commission of a crime in which he had mediated violence against a woman, He performed the Sex Registry Rectification Process And, by virtue of him, he was granted a relocation which resulted in the Commission of various abuses Against the inmates who were staying in the establishment, “explains the official text.

Along these same lines, the Government sentenced: “The verification of an aberrant situation of this nature leads to the absurdity that the legal system itself allows you to A person convicted of the commission of a crime does an abusive exercise of the rights enshrined in Law No. 26,743, to commit a new crimethis time under a differentiated and special treatment granted by the penitentiary system. “

It should be noted that The request to change gender identity and the subsequent transfer is not a common practice Within Argentine prisons.

According to a request for access to public information that made the medium checking, there are currently a total of 56 transgevestis, transgender and transgenders housed in federal prisons. Of that total, and according to the data provided by the Federal Penitentiary Service, only Two people requested to be transferred to another penalty after their change in gender identity.

This represents less than 4% of the trans population in the federal prison system.