The protocol for the detention of people of the LGBTIQ + collective that it established Patricia Bullrich in 2017 it was repealed by the current Minister of Security, Sabina Frederic, through resolution 37/2020 published in the Official Gazette.
The measure by ex-minister Bullrich, which at the time was questioned for considering it “stigmatizing”, affected personnel from the Federal Police, Gendarmerie, Naval Prefecture and Airport Security Police (PSA), and It detailed how to act when arresting a person from the LGBTIQ + collective.
The protocol said, for example, that the detained person “will be housed according to the self-perceived gender, in a cell separated if he understands that there is a potential risk to his integrity, dignity or other rights or if, when reporting his gender, he does not identify himself with any of the masculine / feminine binomial “.
“People who need to use facilities differentiated by sex in dependencies (eg toilets), will be asked about whether they want to make use of female or male facilities,” stated another point.
However, this rule was repealed by Frederic for consider that “the issuance of specific protocols in relation to the LGBTI + community does nothing but reinforce their criminalization and grant a framework of simulated legality to abusive practices and violations of human rights “.
In addition, according to current management, “several of the provisions” of the Bullrich standard “reveal a lack of rights of the LGBTI + community and sexual diversity in general, for example, by establishing that only female personnel may intervene in procedures and searches. “
The new standard
The resolution establishing the repeal, establishes that “each of the police and security forces (…) should incorporate the perspective of sexual and gender diversity to their education and training programs. “
It also orders to instruct the heads of the Federal Police. National Gendarmerie, Naval Prefecture and Airport Security Police to adopt the necessary measures to guarantee that their personnel comply with the provisions of the gender identity law (26,743) and with the principles of equality and non-discrimination based on sexual orientation.
The norm has two annexes, one with directives for the adequacy of treatment of the personnel of the Police and Security Forces, and the other with directives for the treatment of people outside the forces. The first stipulates, among other issues, that gender identity be respected through the “use of the name and gender adopted “beyond” whether it has been done or not, the change of name and registration sex in the National Identity Document“that the personnel use” clothing and uniform appropriate to their gender identity “and that” the use of facilities differentiated by gender, that correspond to their gender identity, is guaranteed. “
The other annex requires that personnel guarantee “the respect for self-perceived gender identity and sexual orientation “towards people” LGBTI + including childhoods and adolescents, following the general protocols of action “in particular” in the procedures of apprehension, detention, personal search, medical examination“.
Regarding LGBTI + people who are detained in any dependency of the forces, it is indicated that “will be housed according to self-perceived gender“Although” the decision on the place of accommodation will be the person involved, who may request individual accommodation. “
It is also indicated that “in the procedures of detention, searches or searches, efforts will be made to have witnesses of the same gender as that self-perceived by the person in conflict with the criminal law “.
Follow us on Todes Nosotres (@tntodesnosotres)
Get to know our Diversity and Inclusion community on all social networks. First-person stories, information, video explainers, and data to build respect and fight discrimination.