On September 4, President Alberto Fernández, through Executive Order 721/2020, established the creation of a job quota for transvestite, transsexual and transgender people within the National Public Sector, which guarantees that a percentage no less than 1% of the staff positions must be assigned to the aforementioned people, when they meet the suitability conditions for them, in any of the current contracting modalities.
This measure is in line with the international commitments adopted by Argentina regarding the protection of human rights, as well as the recommendations and pronouncements of the different instances of the Universal System for the Protection of Human Rights, of the Inter-American System of Human Rights, control bodies and jurisdictional bodies on the protection of LGTBI people from all forms of discrimination and the guarantee of full enjoyment of their rights.
Likewise, it is an initiative that seeks to transform the structural pattern of inequality that perpetuates the exclusion of trans people, who despite significant regulatory advances, such as Argentina’s Gender Identity Law, continue to have difficulties to enjoy the effective exercise of the right to health, education, decent housing, fair and satisfactory working conditions, as well as protection against unemployment, without any discrimination.
In this sense, this Executive Order determines that the educational completion requirement cannot be an obstacle to entry and permanence in employment, thus if the applicants for jobs have not completed their education, their entry will be allowed with the condition of taking the missing educational level (s) and completing them. This provision accounts for the chain of exclusions and discrimination suffered by trans people since childhood and therefore seeks to repair it by simultaneously guaranteeing access to employment and education.
On the other hand, the Ministry of Women, Genders and Diversity will be in charge of training the authorities and staff of the National Executive Power to ensure that inclusion in the jobs of the National Public Sector is carried out in conditions of respect for people’s identity and gender expression, as well as the creation of the Registry of Transvestite, Transsexual and / or Transgender Persons Applicants to Enter to Work in the National Public Sector and the Interministerial Coordination Unit, in order to fully implement and follow-up the executive order.
Through the creation of the labor quota for trans people in the national public sector, Argentina once again positions itself at the forefront in the expansion and protection of the rights of LGTBI people, promoting equality and dignity of those who are under a situation of greater vulnerability to build a more just society free from discrimination.