Legal Battles Emerge Over Restrictions on Gender-Affirming care for Minors

A recent decree (DNU 62/2025) issued by the Javier milei administration in Argentina has sparked meaningful controversy and legal challenges. This decree modifies the Gender Identity Law, specifically targeting access to hormonal treatments for transgender individuals under the age of 18. The Civil Association La Casita Tras initiated a collective legal action, an “amparo,” to halt the implementation of the decree. However, this appeal was dismissed by the courts, citing a lack of jurisdiction, arguing that the matter falls under federal rather than provincial purview.

The legal representative of La Casita tras, Laura Britos, explained that the court’s decision hinged on the perception that the threat to rights was “abstract,” as the Córdoba government had not yet enacted any laws or made statements explicitly prohibiting these treatments.Britos noted that similar collective demands across the country have faced similar setbacks, while individual cases, such as those in Entre Ríos and CABA, have seen more success.

In response to the dismissal,La Casita Tras has decided not to appeal the court’s decision.Instead,they plan to pursue individual legal avenues if necessary. Furthermore, they have initiated discussions with the Córdoba province government to explore options for continuing care for their patients.

The Core of the controversy: Changes to the Gender Identity Law

Argentina’s Gender Identity Law, previously lauded as a global pioneer, guaranteed access to a range of hormonal treatments for transgender and non-binary individuals. The recent DNU directly alters Article 11 of this law, introducing a critical restriction: People under eighteen (18) years of age will not be able to access the interventions and treatments referred to in this article.

Prior to this decree,adolescents over 16 could access feminizing (estrogens and antiandrogens) or masculinizing (testosterone) hormone therapies with informed consent. Puberty blockers were generally available from the onset of puberty, typically between ages 11 and 13. For children under 13, parental or guardian consent was required, while those over 13 could provide autonomous consent, barring medical contraindications.By 15 or 16, depending on their progress, adolescents could request pubertal induction with gradually increasing doses of hormones.

surgical Interventions: A Closer Look at the Reality

The Gender Identity Law stipulated that surgical interventions for individuals under 18 required the approval of the relevant judicial authority, parental or guardian consent, and the individual’s own acceptance. However, international guidelines generally recommend at least one year of hormonal treatment and/or being over 18 before considering surgery. Consequently, the number of minors undergoing surgical procedures was minimal, contrary to claims made by the government.

Government Justifications and Counterarguments

The Milei administration has justified the DNU as a measure to “protect childhoods,” framing it as part of a broader cultural battle. However, critics argue that these justifications are based on false and misrepresented statements. This echoes similar debates seen globally, where discussions around transgender rights frequently enough become politically charged. Such as, in the United States, several states have passed laws restricting gender-affirming care for minors, leading to legal challenges and widespread debate. According to a recent report by the Williams Institute at UCLA School of Law, approximately 20 states have enacted such bans as of early 2025, impacting thousands of transgender youth.

Looking Ahead: The Future of Transgender Rights in Argentina

The legal and political landscape surrounding transgender rights in Argentina remains uncertain. The focus now shifts to individual legal challenges and the potential for provincial-level solutions. The actions of La Casita Tras in engaging with the Córdoba government highlight the importance of local advocacy in navigating these complex issues. The outcome of these efforts will likely shape the future of access to gender-affirming care for transgender youth in Argentina.

Legal Challenges Mount Against Decree Limiting Transgender Healthcare Access

A recently enacted decree is facing intense scrutiny and legal challenges for allegedly restricting access to gender-affirming healthcare for transgender adolescents. critics argue the decree is discriminatory, unconstitutional, and based on flawed logic, potentially setting a perilous precedent for the rights of vulnerable youth.

Inconsistencies and Discrimination Alleged

Antonella Audisio, a lawyer and member of the “Live Free” Foundation, is spearheading legal challenges, asserting that the decree is both incoherent and contradictory. Audisio argues that the decree invokes the “child’s best interest” to deny transgender adolescents the autonomy to make decisions about their gender identity, while together ignoring established legal frameworks that recognize their progressive capacity to exercise their rights.

The decree uses the argument of the child’s best interest to say that they do not have sufficient maturity to decide on treatments related to their gender identity; But this vision ignores that both the Convention on the Rights of the Child and the Civil and Commercial Code recognize that they can exercise their rights progressively and make their own decisions.
Antonella Audisio, “Live Free” Foundation

Furthermore, Audisio contends that the decree’s application of the “best interest” principle is overly generic and fails to consider the unique circumstances of each individual child or adolescent. Laura Britos echoes this sentiment, highlighting the discriminatory nature of the decree.

According to the Civil and Commercial Code, children under 16 are considered adults in regards to the decision -making of her body, so a teenager CIS could access hormonal treatments such as taking contraceptive pills or undergoing cosmetic surgeries; Rather, a trans person no.
Laura Britos

Britos points out that cisgender adolescents retain the right to make decisions about their bodies,including accessing hormonal treatments like contraception or undergoing cosmetic surgery,a right now seemingly denied to their transgender peers. This disparity,critics argue,constitutes a clear violation of equal rights.

Constitutional Concerns and Judicial Scrutiny

Beyond discrimination, concerns are also being raised about the decree’s constitutionality. Audisio questions the justification for issuing the decree under the guise of “urgent circumstances,” arguing that the relatively small size of the transgender population suggests the measure is driven by persecution rather than genuine need. The judiciary is now under pressure to uphold the fundamental rights of transgender children and adolescents,a group already facing significant vulnerability.

Regional Impact: A Focus on Córdoba

in Córdoba, the Comprehensive Care Device for the LGTBIQ+ population at the Prince of Asturias Hospital offers a glimpse into the practical implications of such policies. Gabriela buffa and Verónica Almada, who work within this device, emphasize a holistic approach to healthcare.

The device aims to overcome accessibility barriers faced by the LGTBIQ+ community, integrating services from various medical specialties. While the hospital primarily serves adolescents over 15, they collaborate with children’s hospitals to ensure continuity of care. Buffa and Almada stress that hormonization is only part of the transition process, highlighting the importance of comprehensive support tailored to each individual’s needs and context.

The Broader context: Transgender Healthcare Debates

This decree arrives amidst a global debate surrounding transgender healthcare, especially for minors. While some advocate for unrestricted access to gender-affirming care, others express concerns about the long-term effects of treatments and the potential for regret. Studies on the long-term outcomes of gender-affirming care for adolescents are ongoing, with preliminary data suggesting positive mental health outcomes for those who receive appropriate support and treatment. Though, the debate remains highly polarized, with significant implications for the well-being of transgender youth.

The Individualized Nature of Gender Transition

gender transition is a deeply personal journey, encompassing social, pharmacological, and surgical aspects, all chosen voluntarily. While hormone therapy is just one facet, it holds significant importance for many. The approach to transition is unique to each individual, reflecting their specific needs and desires.

Hormone Therapy: A Cornerstone of Transition for Many

Research indicates that over 80% of transgender and non-binary individuals utilize hormone therapy during their transition. This statistic underscores the critical need for accessible and safe hormone treatments. Despite recent legal changes, such as the prohibition of hormone administration to minors, existing treatments must continue uninterrupted.Individuals who have already begun hormone therapy prior to any new decrees retain the right to continue their treatment.

While initiating hormone therapy for minors may now be restricted, comprehensive support and guidance remain available. Professionals are committed to offering choice pathways for support and orientation during the transition process.

Addressing Concerns About the Safety of Hormone Therapy

Concerns regarding the potential health risks associated with hormone therapy are frequently raised. though, experts emphasize that these treatments have a long history of safe and effective use. Established national and international guidelines provide a solid foundation for the responsible administration of hormone therapy.

these treatments have been applying for a long time and are very safe; There are national and international guides that have a solid base.

expert Opinion on Hormone Therapy Safety

The psychological Impact of Restricted Access

Restricting access to gender-affirming care, particularly hormone therapy, can have profound psychological consequences, especially for young people. The potential for sadness, frustration, and a negative impact on self-perception is significant. In severe cases, it can even lead to suicidal ideation.

Hormone blockers, which temporarily halt puberty, play a crucial role in allowing young individuals to thoughtfully consider their transition path. These treatments can also reduce the need for extensive surgeries and interventions later in life.

The consequences can be very serious; It affects its self -perception and the most serious result can even be suicide.

Noel Rivero, Psychologist

The Ongoing struggle for Visibility and Acceptance

Despite progress, the transgender community continues to face numerous challenges. A primary obstacle remains the need for greater visibility and understanding. Transgender individuals, particularly young people, are asking to be heard and for their voices to be prioritized.

Advocates emphasize the importance of ensuring continued access to comprehensive healthcare for all transgender individuals,irrespective of age. the fight for equality and acceptance is an ongoing process.

The State has to guarantee the continuity of treatments and access to the integral health of all trans people, regardless of their age.

Santiago Merlo, President of the Trans casita