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After The President of the Nation Alberto Fernández will announce by decree the issuance of the National Identity Document (DNI) for people who perceive themselves as non-binary, began the questions on the legal loopholes that this measure could create.
For example, People who enter an “X” for the “Gender” option of the DNI and passport could have serious problems when traveling abroad.
The government itself recognized in Decree 476/2021 that very few countries in the world have already admitted the possibility of not indicating the female or male sex on identity documents.
Infobae he consulted with the American Embassy on the possibilities of obtaining an American visa for a non-binary person. In response to the question, they communicated from the Press Service that “At this time, only male and female gender options are available to a US visa applicant.”, for which today the US government does not consider a third option.
They also added that “applicants must choose one or the other when preparing their visa application online -and that- the sex indicated in the sex field of any visa issued must match the sex indicated in the sex field of the applicant’s foreign passport; If a foreign passport does not include a gender / male or female field, the applicant should select “M” or “F” to apply for a United States visa, and in such cases the department usually issues the visa. on the basis of the indication of male or female chosen by the applicant ”.
However, the press office of the U.S. Embassy in Argentina said that The State Department announced last June that it was beginning the process of updating its policies regarding gender markers in U.S. passports.
However, at this time, they couldn’t provide an exact timeline of when they would start offering an option in the “Sex” section for “non-binary, intersex, and gender non-conforming” people.
They also clarified that as work continues towards this longer-term goal, the State Department will announce news and information in this regard on the official US government website.
As for other international destinations, Infobae he surveyed countries around the world that have admitted the possibility of recording a third option for the “Gender” section of identity documents. These are: the Federal Democratic Republic of Nepal, the Islamic Republic of Pakistan, Bangladesh, India and Canada.
For its part, sources of the National Register of Persons (RENAPER) they said that “People with a non-binary DNI who wish to travel should check with the Ministry of Foreign Affairs and the consulate of the country they plan to visit in case they may have any restrictions on entry, stay or transit in the countries. country of destination.”
Regarding the national level, they said that “public administration agencies have 120 days to adapt regulations, systems and technologies for effective implementation and compliance with Decree 476/2021” –It specifies in its article n ° 6 that the Ministry of Foreign Affairs, International Trade and Worship must notify the terms of the decree to the International Civil Aviation Organization (ICAO), in order to The countries which compose it accept the entry, the permanence and / or the transit of non-binary Argentinian people.
Beyond requests for US visas by non-binary people and overseas travel, the new DNI issuance regime will generate changes in other areas that have yet to be resolved and which in some cases , will require a complex process of regulatory changes, according to official sources. Among other undefined subjects is the retirement age, which is currently 60 for women and 65 for men., but also others such as the electoral quota – which today includes parity between men and women in the shaping of the lists of candidates -, work quotas or prisons. A legal definition will also be necessary for the priority in the recovery of the Universal Child Benefit (AUH); the allowance for children under 18 is received by only one of their parents but in priority for the mother.
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