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Good practice

Argentina's Trans Labor Quota Law (Ley 27.636 "Diana Sacayán - Lohana Berkins")

Argentina · Buenos Aires · See the Argentina profile

Argentina's 2021 law reserves 1% of national public jobs for trans people. Public employment of this group rose from 101 (2020) to 955 (2023), a 700%+ increase — though the 1% target itself remains largely unmet.

101
Trans people employed in the National State (before the law) (mid-2020)
700+
Trans people employed in the National State (mid-2023)
955
Trans people employed in the National State (November 2023)
700-900 %
Increase in trans employment in the National State (2020-2023)
under one-fifth
Filled positions relative to the legally mandated 1% quota (2.5 years after enactment)
14 years
Estimated time to reach full 1% quota compliance at current hiring pace
41 years
Average life expectancy of Argentina's trans community
90 %
Trans people who had never held formal employment
Argentina's Trans Labor Quota Law (Ley 27.636 "Diana Sacayán - Lohana Berkins")

Details

Maturity
Scaling
Promoter
Ministerio de Mujeres, Géneros y Diversidad de la Nación (Argentina)
Period
2021–present
Keywords
public employment, LGBTQ+ inclusion, trans rights, anti-discrimination

Context

Law 27,636, known as 'Diana Sacayán - Lohana Berkins' after two murdered trans activists, was passed by Argentina's Congress on 24 June 2021 in recognition of severe historical discrimination against travesti, transsexual and transgender people, who at the time of the law's passage had an average life expectancy of around 41 years and of whom roughly 90% had never held formal employment.

Objectives

To require the national state — all three branches of government, decentralised agencies and state companies — to ensure that at least 1% of their total personnel are travesti, transsexual or transgender people, with relaxed education and criminal-record requirements in recognition of historical discrimination.

Activities

The law created tax incentives and soft loans for private employers who hire trans people and mandated quarterly monitoring reports on implementation.

Results

Official government monitoring shows employment of trans people in the National State rose from 101 people in mid-2020 (before the law) to more than 700 by mid-2023 and to 955 by November 2023, an increase of over 700-900% depending on the measurement window. Independent monitoring by the public-sector union ATE corroborates the upward trend.

Conclusions

The law's own implementation reports acknowledge a major shortfall: two-and-a-half years after enactment, filled positions represented well under one-fifth of the legally mandated 1% quota, and at the recorded pace of hiring it would take roughly 14 years to reach full compliance.

Implementation

Implementation detail (cost, timeline, staffing, conditions for success) is not yet available for this practice.

Data sources

Where this practice's information was retrieved from, and when.

Attachments

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