Teenagers and LGBT organizations take legal action against Milei's anti-trans policies
Four transgender teenagers filed an appeal against Milei's decree that prohibits hormone treatment in minors.
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Four transgender teenagers from Buenos Aires, Argentina, filed an injunction against Decree 62/2025, which restricts access to hormone therapy. The Argentine Federation of Lesbians, Gays, Bisexuals, and Transgender People (FALGBT+), along with National Deputy Esteban Paulón, also filed a lawsuit in federal court and are inviting children, adolescents, and families at risk to contact them for legal advice. In the provinces, Tucumán has already filed two lawsuits through the MujeresxMujeres Foundation and the Trans-formando Familias (Transforming Families) organization.
One of the actions took place on Tuesday, February 18, when four teenagers requested an injunction to continue their treatments. They emphasized that they also sought to prevent the serious harm that an abrupt interruption could cause to their development and well-being. The legal action is being promoted by the National Pride and Struggle Front, with legal representation from constitutional lawyer Andrés Gil Domínguez and technical support from Marisa Herrera, an expert in children's and gender rights.
The case fell to the National Court of First Instance in Federal Administrative Litigation No. 8, under the jurisdiction of Judge Cecilia Gilardi de Negre.
“They must continue with their treatment”
Health organizations, such as the Argentine Society of Pediatrics (SAP), the World Professional Association for Transgender Health (WPATH), and the Pan American Health Organization (PAHO), have warned that abruptly stopping hormone therapy in transgender adolescents can have both physical and psychological consequences. These include severe depression, anxiety, and an increased risk of suicide.
“It is our duty as the Scientific Society responsible for the health care of children and adolescents throughout Argentina to inform society as a whole that healthcare teams do not perform hormone treatments or surgeries on children. During this stage, pediatric medical, social, and psychological support is provided,” the Argentine Pediatric Society (SAP) stated in a press release attached to the injunction. “Pharmacological interventions, if necessary, can only be performed once puberty has begun, under scientific standards and ethical principles. Of all the cases we treat, only a small proportion require pharmacological treatment. We believe that this population should continue their treatment,” they added.
Regarding the importance of Law 26.743 on Gender Identity, they highlighted the progress in health that the recognition of trans identities entailed. “Scientific studies have shown that lack of access to comprehensive healthcare increases the prevalence of depression, anxiety, and suicide attempts. In contrast, access to appropriate treatments supported by specialized interdisciplinary teams significantly improves quality of life and well-being,” the professional society added.
An illegal decree
Decree 62/2025, in addition to improperly interfering with the Gender Identity Law, which guarantees access to hormone therapy based on the principle of progressive autonomy, also contradicts the Civil and Commercial Code of the Nation. This code recognizes the right of adolescents to make decisions about their own bodies in matters of health.
The attorney representing the plaintiffs, Andrés Gil Domínguez, argued that Decree 62/2025 is absolutely and irreparably null and void because it “does not comply with the requirements for its issuance as stipulated by the Argentine Constitution.” He further emphasized that the decree, “with manifest arbitrariness and illegality, violates the right to gender identity, the right to non-discrimination on the grounds of gender, and the principle of progressivity and non-regression of rights with respect to a group of vulnerable people who have special protection under the Constitution and human rights law.”
Regarding the amparo action filed on February 18, he stated: “I hope that, in such a specific and evident case, the justice system will respond swiftly to guarantee these rights and the life plan of adolescents who, at this moment, are suffering greatly due to this decree.”
“Let’s hope the Judiciary knows how to listen.”
Lawyer and CONICET researcher Marisa Herrera stated that the presentation made by the four teenagers "summarizes the practical application of the true best interests of the child." Herrera prepared a technical report that supports the injunction.
He told Presentes that the question of whether or not doctors can prescribe medication also arises in the professional sphere. “From a strictly legal standpoint, the decree prohibits it and remains in effect until it is declared unconstitutional,” he clarified. “Some professionals have decided not to suspend ongoing treatments due to the implications for physical and mental health that an abrupt interruption entails. But they have also decided not to begin new treatments, with the negative consequences that this entails.”
It highlights that the consequences are greater when it comes to teenagers, especially transgender teenagers.
Herrera explained, “This action aims, among other things, to achieve a true act of redress, which would be to have the judicial authority declare Decree 62/2025 unconstitutional.” He added, “We welcome the fact that, on this occasion, the aforementioned disastrous decree is being defended directly. We hope that the Judiciary will rise to the occasion, that is, that it will listen.”
A measure against human rights
The 100% Diversity and Rights movement, together with the Argentine Homosexual Community (CHA), stated that Javier Milei's decree is an unacceptable setback in human rights and that if it is not declared unconstitutional, "it opens the door to new restrictions that could affect other fundamental rights, weakening the legal protection framework in Argentina."
In this regard, Ricardo Vallarino, president of 100% Diversity and Rights, stated: “We trust that the right to live and freely decide about one's own body will be respected for transgender people. The decree is an arbitrary measure and an intrusion by the state into the decisions of transgender minors and their families, who only seek to live their lives in peace.”
As a member of the Argentine Homosexual Community (CHA), Valeria Pavan warned that “in the past, the inability of trans people to access hormone therapies and surgical interventions led them to resort to liquid silicone injections in order to try to achieve bodily changes, which has caused serious health damage and contributed to a reduced life expectancy for transvestite and trans people.
The Munay Association of Families of Children and Adolescents, represented by Natalia Bertazzoli, stated that they expect a favorable response to the adolescents' request. "We cannot back down on human rights, and we will not allow them to be deprived of access to healthcare and dignified treatment."
More actions
As soon as the Emergency Decree was announced, two organizations from Tucumán filed an injunction against the State to have Javier Milei's decree annulled. These organizations are Fundación Mujeres x Mujeres and Transformando Familias. Both carry out extensive work providing comprehensive health support for transgender people.
The Argentine Federation of Lesbians, Gays, Bisexuals and Trans (FALGBT+), represented by its president, María Rachid, along with national deputy Esteban Paulón, also filed a declaratory action of unconstitutionality with the Federal Court against the Decree of Necessity and Urgency (DNU) 62/2025, recently issued by the National Executive Branch.
This legal action is also being handled by attorneys Andrés Gil Domínguez, Flavia Massenzio, and Martín Muñoz. It seeks a declaration of the decree's unconstitutionality and absolute and irremediable nullity.
“This absolute prohibition not only violates progressive autonomy and equality before the law, but also has extremely serious consequences for the health of transgender adolescents. Suspending ongoing treatments can cause irreversible damage to physical health, while preventing access for those who have not yet begun the process exposes them to a serious deterioration of their mental health,” Rachid stated in the press release regarding the legal filing. Furthermore, the organization is calling on all children, adolescents, and families at risk from this discriminatory measure to contact them for legal advice.
On February 11, the Chamber of Deputies began debating the various positions regarding the Emergency Decree (DNU) in order to secure its rejection by the Lower House. ILGA, the world's largest LGBTQ+ organization, also condemned the amendment to the Gender Identity Law, called for the decree's repeal, and urged organizations and institutions to take a stance on the matter.
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