Argentina’s president Javier Milei has signed a decree banning gender-affirming care for under age 18s, reversing key provisions of the country’s historic 2012 Gender Identity Law. The decree additionally imposes new restrictions on the rights and dignity of trans people who are incarcerated.
Argentina’s Gender Identity Law, the first in the world to guarantee name and gender marker changes based on self-identification, had previously allowed minors to access gender-affirming medical care with informed consent. In cases where legal guardians refused consent, a judge could authorise treatment, with surgery requiring judicial approval. However, under the new decree, individuals under 18 will now be completely barred from gender-affirming surgery or hormone therapy.
The move has sparked fierce criticism from human rights organisations and LGBTQ+ advocates, who argue that it will have devastating consequences for trans and non-binary youth. Activists warn that denying access to medical care could increase mental health struggles among young people and further stigmatise the trans community.
The announcement comes in the wake of widespread protests by Argentina’s LGBTQ+ community against Milei’s recent speech at the World Economic Forum in Davos. During his address, the president attacked “wokeism” and feminism and made inflammatory remarks linking homosexuality to paedophilia, further inflaming tensions.
The backlash to Milei’s decrees has been swift, with international organisations warning that these measures violate fundamental human rights and set a dangerous precedent. As Argentina moves forward with these policies, activists vow to continue fighting against the erosion of LGBTQ+ rights in the country.
The International Lesbian, Gay, Bisexual, Trans and Intersex Association for Latin America and the Caribbean (ILGALAC) and ILGA World are among those to strongly condemn the recent decrees issued by Javier Milei.
“We will not tolerate the normalisation of discourses and policies of hatred that endanger the life and dignity of trans people. We will remain steadfast in the fight for equality and justice,” ILGA said.
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Alongside these controversial changes, Milei’s government has also announced Argentina’s intention to withdraw from the World Health Organization (WHO). A government spokesperson cited “deep differences regarding health management, especially during the (Covid-19) pandemic” as the reason for the decision. The move mirrors that of US President Donald Trump, who recently signed an executive order to pull the United States out of the WHO.
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