The Constitutional Court ordered the National Army include the ‘non-binary’ option in military service procedures. The determination comes after a guardianship was ruled in favor of a young man who reported the violation of his rights to equality and the free development of his personality.
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In the case in question, the plaintiff, identified as Tonny Alberto Gualdrón Pacheco, indicated that he was denied updating his military record to the gender identity with which he is legally recognized.
The above is linked to the fact that he already had official documents, such as the civil birth registry and the citizenship card, in which the term ‘non-binary’ appeared.
In this sense, the Army responded that There was no legal basis for registering a marker other than ‘man’ or ‘woman’ in their system. He also noted that He alleged that, although the high court already addressed this issue in ruling T-033 of 2022, it is up to Congress to define the applicable regulation.
military notebook
National Army Recruitment Command
As part of its determination, the Court noted that gender identity does not constitute a single category, but rather a spectrum that encompasses various forms of self-perception and expression, “which must be constitutionally protected as manifestations of the free development of personality.”
He also indicated that “maintaining this binary model without institutional adjustments that incorporate such identities reproduces a limited vision of gender and constitutes a form of exclusion incompatible with the constituent mandate of ensuring pluralism.”
In the same way, he mentioned that the lack of mechanisms to carry out this registration within the procedure implies differential and unjustified treatment.
In this sense, the Army will have a period of two months, counted from the notification of the ruling, to design and execute a training plan aimed at “the people in charge of managing the entity’s information systems guarantee the constitutional rights of people with non-binary gender identity, as established in this ruling.”
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PORTFOLIO
*With information from EL TIEMPO
