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After the formalization of the Non-binary identifier, questions arise as to the legal implications of changing the identification of those who choose an “X” in the “Sex” box of their official documents, particularly with regard to challenge of travel abroad, given that not all countries accept the category that escapes the male / female pair.
“The 193 States that make up the International Civil Aviation Organization (ICAO) must comply with standards and accept the transit of people with a travel document that contains the nomenclature” X “in the” sex “field”, sources of National register of persons (RENAPER). In addition, they argued that in case of inconvenience, those in need of more information or assistance should approach the Ministry of Foreign Affairs.
Meanwhile, according to Decree 476/2021 signed by President Alberto Fernández, Argentina has adhered to ICAO regulations which approve the use of category “X” in the name of sex despite the fact that it has not yet been admitted by each of the 193 States that make up the international organization. In this sense, doubts arise as to whether or not there will be restrictions on entry into countries for non-binary people.
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“Few countries accept the non-binary category, both for their citizens and in the registration forms required of foreigners. We cannot ask another country to recognize this change. People who choose this category in their DNI are warned that they may have problems ”, the spokesperson for the Ministry of Foreign Affairs and Worship.
For their part, Migration sources informed PROFIL that it is RENAPER’s responsibility to inform people who withdraw their non-binary passport of the implications of a trip abroad and the possible scenarios, since the problem will not be to leave the country but to present the documents to be able to enter the country of destination.
The truth is that there is still a lot of gray on the subject, in principle, from official organizations, it is not said that non-binary Argentines will not be allowed to access other countries, but they warn against possible “complications” during a trip abroad.
“People who request the non-binary DNI are warned that they may have problems because in most countries this category does not exist directly,” added the spokesperson for the Ministry of Foreign Affairs, who in turn emphasized that this is currently the case. only “two or three” countries admit the third category of “sex” in entry papers.
Non-binary people can now request that their DNI contain an “X” in their definition of gender
Recommendations for traveling abroad with a non-binary ID
From the Ministry of Foreign Affairs, they urge non-binary people to inform themselves before traveling to the chosen country, both at the Argentine Ministry of Foreign Affairs and at the corresponding embassy. They also recommend that when completing the input forms requested by the country before entering, choose from the available options, with a few exceptions, they will be female or male.
Regarding the Mercosur, where Argentines can enter by presenting only their DNI, as detailed in the decree signed by Alberto Fernández, the DNI which has the letter “X” in terms of gender “will be valid as a travel document for the purposes established in the Agreement on Travel Documents of Mercosur States Parties and Associated States ”.
It should be noted that the official position as to how they should proceed and what scenarios can expect people who wish to travel abroad with their non-binary passport is not yet clear, as PROFILE learned during consultations with migration, the Ministry of Foreign Affairs and the National Register of Persons.
Argentina joins select group of countries that use non-binary DNIs
Argentina, among the countries that use the “X” in their official documents
Since July 23, Argentina has been part of the select group of countries that escape the female / male duo and allow their citizens to have gender-free identity documents, which vary depending on the country and the type of document.
Regarding the international standards to which the country adheres, the letter “F”, “M” or “X” is used in the “Sex” field to respect each person’s self-perceived gender identity. The obligation to include the field “sex” in travel documents arises from the regulations of the ICAO, the association to which Argentina belongs with 192 other countries.
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