National

The age of consent for sexual activity is obtained [at] fifteen (15) years.

Edad de consentimiento para actividad sexual

La edad de consentimiento para actividad sexual se obtiene a los quince (15) años [R1.1].

National

On 11 December 1998, the Partnership Project for the legalization of the Civil Unions for same-sex couples was introduced into the Chamber of Deputies by Deputy Laura Musa.

It was registered in the Entrance Board under the number 7816-98, and published in the Parliamentary Bulletin 196/98. The claim for the transcription and status of Parliamentary consideration was carried out by Deputy Margarita Rosa Stolbizer on March 23rd 2000, registration code D-1158-00, published in Parliamentary Bulletin 18/2000.

Currently, the Project is awaiting consideration by the General Legislative Commission of the National Chamber of Deputies since April 6, 2000 [R1.1].

Provinces

In July 2003, civil unions between same-sex couples will be legally recognised in the Buenos Aires city area and Río Negro province [R2.1].

The laws permit gay couples to share social security services, claim leave when a partner is sick, and enter into agreements - such as buying a house - as if they were married. The laws do not permit same-sex marriages or child adoption. Nor do they establish inheritance rights unless a prior agreement has been formalized. These three aspects were not considered because they are included in the national Civil Code [R2.1A].

Cities & Towns

In December 2002, the Buenos Aires city legislature passed a law extending same-sex couples the same health, insurance and visitation rights given to married spouses (excluding adoption, inheritance or pension rights). The law recognizes the civil union of same-sex couples but does not term the union a marriage [R3.1].

Couples may also jointly apply for loans and assume the responsibilities of the primary caregiver in case of illness [R3.2].

In order to enter into a Civil Union, both parties must be 21 or older, with legal addresses in Buenos Aires City for at least two years; if they have no children, they must prove that they have lived together for at least two years (by presenting two to five witnesses) [R3.3].

The law came into effect on 14 July 2003 [R2.1].

In January 2008, it was reported that the city of Villa Carlos Paz recognized same-sex civil unions [R3.4].

Unions

In February 1998, four Argentinian labour unions for teachers, commerce employees, executives and air-transport personnel extended National Security System medical benefits to employee's same-sex partners. The unions and the system operate jointly in the health-care arena [R4.1].

In June 1997, Argentina reportedly had extended widow/widower pensions to surviving partners of same-sex couples [R4.2].

Courts & Tribunals

In October 1998, Judge Graciela Mastracusa, in western Mendoza province, ruled that a same-sex couple, who have been together for four years, should receive the same social benefits as those enjoyed by partners in a heterosexual marriage - welfare payments, workers' compensation and a pension upon the death of one of the partners [R5.1].

Cities & Towns

The Buenos Aires City Constitution states that:

"Every person has identical dignity and all are equal before the law. The right to be different is recognized and guaranteed. No discrimination that tends to segregate people based on or under the pretext of race, ethnicity, gender, sexual orientation, age, religion, ideology, opinion, nationality, physical features, psychophysical, social, economical condition will be acceptable." [R1.1].

In October 1998, it was reported that gay bars were raided twice [R1.2].

In January 1997, it was reported that Buenos Aires police were ignoring changes in the law aimed at stopping the harassment and arbitrary arrest of gay men, transvestites and prostitutes [R1.3].

In October 1996, Police launched an attack on gays and tranys after the passing of a new law which abolished the "Police Edicts" under which they have long been permitted to arrest people at whim [R1.4].

In 1996, the City of Rosario had reportedly banned discrimination on sexual orientation [R1.5]. However, government authorities continued persecution of the gay, lesbian, bisexual and transgender population [R1.6].

National

In September 2003, the Argentine transvestite-transsexual organization ALITT (Association for the Fight for Transvestite-Transsexual Identity) was denied governmental registration [R1.1]

Police

In June 2001 and 2002, transgenders were reportedly subject to arbitrary police action and prolonged detention [R2.1].

National

In 1996, the Government issued decrees requiring HIV testing of current and future members of the armed forces and all security forces, including the Federal Police and Coast Guard. Several provincial police forces have adopted similar policies, as have federal agencies (such as the Finance Ministry) and private corporations [R1.1].

National

In 1887, consensual sex between same-sex couples was reportedly decriminalised [R1.1].

National

In August 2008, the Argentinian government granted same sex couples the right to claim their deceased partners' pension [R1.1].

In June 1997, Argentinian gay and lesbian couples who live together for five years could claim a widow or widower's pension when their lover dies [R1.2].

State

On 21 July 2010, President Cristina Fernandez de Kirchner signed into law South America's first same-sex marriage bill [R1.1].

On 15 July 2010, the Senate voted 33–27, with 3 abstentions to approve a law granting gays and lesbians all the legal rights, responsibilities and protections that marriage brings to heterosexual couples. The law comes into effect as soon as it is published in the official bulletin. [R1.2].

On 05 May 2010, the lower house of Argentina's congress approved a bill legalizing same-sex marriage. The bill now moves to the senate [R1.3].

On 09 April 2010, Norma Castillo and Ramona Arevalo became the first lesbian couple in Argentina to be married by Judge Elena Liberatori [R1.4].

On 28 December 2009, José María Di Bello and Alex Freyre became the first gay couple in Latin America to marry in a ceremony witnessed by state and federal officials in Ushuaia, the capital of Argentina’s Tierra del Fuego state [R1.5].

Courts & Tribunals

On 19 April 2010, the annulled marriage of Norma Castillo and Ramona Arevalo was un-annulled when Administrative Judge Elena Liberatori confirmed the validity of same-sex marriages [R2.1].

On 16 April 2010, Judge Martha Gomez Alsina decided to annul the marriage between Norma Castillo and Uruguay's Ramona Arevalo, granting a petition by a Catholic attorney to declare the union "non-existent" [R2.2].

Earlier the same week, Judge Marcos Meillien declared "nonexistent" last year's union of Alex Freyre and Jose Maria di Bello [R2.2].

In March 2009, Judge Felix Gustavo de Igarzabal of Buenos Aires ruled that marriage is defined by being between a man and a woman – and since Damian Bernath and Jorge Salazar were both men, no marriage took place [R2.3].

In February 2010, Judge Elena Liberatori gave a second unnamed gay male couple [Damian Bernath and Jorge Salazar] permission to get married, ruling that the Buenos Aires men were exercising their rights [R2.4].

On 04 December 2009, pending the decision of the Supreme Court in the matter, City Judge Gabriela Seijas declined the application of Alex Freyre and José María Di Bello seeking an order that the City Mayor Mauricio Macri be fined for failing to comply with a ruling requesting him to authorize their wedding [R2.5].

On 30 November 2009, Judge Marta Gomez Alsina, in Buenos Aires, ruled that the planned wedding between Alex Freyre and José María Di Bello be suspended until the case could be reviewed by the supreme court [R2.6].

Previously:

In November 2009, Judge Gabriela Seijas in Buenos Aires ruled that Alex Freyre and José María Di Bello may marry, a decision that could advance a marriage equality bill stalled in the congress. Buenos Aires Mayor Mauricio Macri said that the city government would not move to overturn the ruling [R2.7].

National

In March 2009, members of Argentina's armed forces will be tried by civil courts rather than military tribunals, under a new rule – part of a government effort to increase control over the military. The measure also means troops are no longer subject to the death penalty and cannot be imprisoned for engaging in homosexual acts. [R1.1].

In August 1999, Gen. Martín Balza, who was to retire as the commander of the army in December, reportedly suggested that the military code should be amended so that military personnel found to be homosexuals would no longer face prison sentences of up to six years [R1.2].

National

Same-sex couples cannot lawfully adopt children [R1].