The Government advances with a law to eliminate “positive discrimination” in the State

He Governmentled by President Javier Milei, has announced its intention to move forward with a bill that seeks to eliminate the trans quota and “positive discrimination” in the State. This measure has generated an intense debate in the political and social sphere of the country, since it implies the repeal of several current regulations that, according to the Executive, promote positive discrimination and do not currently make sense.

The bill of Governmentcalled the “law of equality before the law”, was devised in the middle of last year and is being prepared by presidential advisor Santiago Caputo and his team, led by the Secretary of Regulatory Strategic Planning, María Ibarzábal Murphy.

Although a specific date has not yet been established for its presentation in Congress, it is expected to be part of the discussion during this year’s electoral campaign. One of the main objectives of this initiative is to repeal law number 27,636, known as the “Diana Sacayán – Lohana Berkins” Law to Promote Access to Formal Employment for Transvestites, Transsexuals and Transgender People.

This law, approved during the administration of Alberto Fernández, established that a minimum quota of 1% of the positions and positions of the National State must be occupied by professionals who are part of this group. According to the current Government, this measure is distortive and it does not make sense for it to continue to exist.

The Government advances with a law to eliminate “positive discrimination” in the State

In addition, the bill seeks to annul Decree 476/2021, also signed by Alberto Fernández, which incorporated the possibility of opting for the “X” nomenclature in the National Identity Document (DNI) and the Argentine Passport to recognize the non-binary gender.

This measure has been criticized by the current Governmentwhich considers that it is not necessary to promote gender diversity through official documents. Another regulation that is intended to be eliminated is the Law on Gender Parity in Areas of Political Representation.

The Government advances with a law to eliminate “positive discrimination” in the State

Law

This law, which was approved during the administration of Mauricio Macri, establishes the obligation to place women and men alternately on the lists of candidates for national senators and deputies, as well as Mercosur parliamentarians.

He Government de Milei argues that this measure is unnecessary and that all citizens should be treated equally before the law, regardless of their gender.. The bill also includes modifications to the Penal Code, specifically in the classification of the crime of “femicide.”

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