GENDER IDENTITY AND PENSION RIGHTS

CONTRIBUTIONS FROM A CONSTRUCTIVE CRITICAL LOOK

Abstract

In the present paper, structured from the combination of contributions from social security, constitutional law and gender matters, I write some lines related to the existing problem in the framework of the national law 24,241 and the decree law of the Province of Buenos Aires no. 9650/80, regarding the limited regulation that both regulatory bodies have regarding who can access retirement and pension benefits. In this path, I propose as a hypothesis not only the obsolescence of those legal norms regarding the right to gender identity, but also its contradiction with rights of constitutional roots such as equality and non-discrimination. Thus, I seek to explain the aforementioned problem, proposing, from a constructive perspective, possible reforms that tend to better accept gender realities in the context of the pension laws mentioned.