Shane Cienfuegos became the first non-binary person to get a gender-neutral identity document in Chile. In the section to recognise gender, the identity card is marked with an X for the third gender instead of an “F” or “M” for female or male, respectively.
Talking to AFP, the 29-year-old said that they feel a “great weight” of responsibility in spite of their win over centuries worth of discrimination. “It is difficult to be the first,” said Cienfuegos 10 days after receiving their new identity card from a civil registry based in Santiago.
Collective Victory for Non-Binary and Transgender People
Cienfuegos embraces their gender, donning long, flowing dark hair, a neatly-trimmed beard, a shade of lipstick, a flowery dress and platform heels to complete the look. They choose the gender-neutral Spanish language pronoun “elle” (they) to identify themselves as transgender and non-binary.
They fought a nine-year-long legal battle to finally receive an identity document that reflects how they see themselves. Cienfuegos said that it is not only their victory but a collective win for all the transgender and non-binary individuals in the conservative, Catholic-majority nation where they are still a target of violence and discrimination.
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From Being Bullied in Childhood to Becoming an Icon for Transgender Rights
Like many transgender kids who struggle with their identity, Cienfuegos was also bullied from a young age and has been violently attacked over the span of his life.
During the launch of their book about their eventful life at the Cultural Center in Las Condes, Santiago, they recalled how they had to fight for their life on the street numerous times.
Cienfuegos further said between signing books that they have survived and made themselves tough to survive a cruel and dehumanising system. “The main cause of transgender deaths is murder–we do not die of diabetes or heart attacks; we die because we are killed and because we commit suicide because of that violence.”
During their time in high school, they advocated for the rights of non-binary people. They also paid for a qualification in social work by becoming a sex worker.
Nowadays, Cienfuegos is a senior member of the Organizando Trans Diversidades (Organising Trans Diversities) advocacy group.
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Chile is Moving Away from Conservatism, but there is still a Long Way to Go
Chile has been slowly and steadily moving away from the conservatism endured during the dictatorial rule of Augusto Pinochet (1973-1990) and the influence of the Catholic Church.
However, last year alone, more than 1,000 complaints of discrimination against the LGBTQIA+ community were registered in the country, with approximately 127 being transgender people, as per the Movilh gender activist group.
Congress passed the Anti-Discrimination Act in 2012 and after three years, legalised same-sex civil unions.
While in 2018, a law was enacted that allowed for changes in sex from the age of 14, and last year a legislation was passed to approve gay marriage and adoption.
In July this year, an appeals court located in Santiago recognised Cienfuegos’ non-binary gender identity. But the fight is far from over.
Chile does not legally recognise genders other than male or female, and those who want an “X” marked on their card would have to face a similar legal battle. Cienfuegos said that the non-binary ID is a milestone among a range of milestones needed to be achieved for the progression of fundamental rights. However, conservatism means enduring daily discrimination for being sexually different.
Chile’s neighbouring country, Argentina, became the first in Latin America to permit a gender other than male or female to be listed on an individual’s identity document in July of last year. Other nations such as the United States, Australia, Canada and New Zealand have already done so.
(Main Image Courtesy: Martin Bernetti/ AFP)
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