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Laws

ARGENTINA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

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].

R1.1 Interpol: Sexual Offences Against Children Spring 06
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [INHERITANCE], [MARRIAGE], [PROPERTY]
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].

2.

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].

3.

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].

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].

5.

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].

R1.1 IGLHRC Alert: "Support Legalization of Civil Unions" 10 AUG 01
R2.1 Melbourne Community Voice: Same-sex Unions Allowed 18 JUL 03
R2.1A Latin America Press: Argentina: Gay Rights Landmark 18 MAR 03
R2.2 IGLHRC Alert: Support Civil Unions Bill in Buenos Aires Province 21 NOV 02
R3.1 Associated Press: Buenos Aires Legalizes Same-Sex Unions 13 DEC 02
R3.2 Washington Post: Using New Law, Buenos Aires Men Celebrate Civil Union 19 JUL 03
R3.3 IGLHRC: Civil Union Proposals Passed in Rio Negro Province and Buenos Aires City 19 DEC 02
R3.4 MCV: Welcome to Uruguay 03 JAN 08
R4.1 Capital Q: Unions Offer Benefits 06 FEB 98
R4.2 Capital Q: Argentine Couples Win Rights 13 JUN 97
R5.1 Miami Herald: Equal Rights in South America 24 OCT 98
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
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].

R1.1 IGLHRC: Act Now to Support the Right of Transgender People to Education 31 OCT 02
R1.2 IGLHRC: IGLHRC Celebrates the 50th anniversary of the UDHR 10 DEC 98
R1.3 Melbourne Star Observer: Buenos Aires Police Ignore New Laws 17 JAN 97
R1.4 Capital Q: Argentine Police Raid Bar 11 OCT 96
R1.5 Melbourne Star Observer: Argentine City Bans Bias 25 JAN 97
R1.6 IGLHRC: The International Gay and Lesbian Human Rights Commission (IGLHRC) 1997 Year in Review
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

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

2.

Police

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

R1.1 blaze: Trannies Denied Registration 24 OCT 03
R2.1 IGLHRC: Transgender Person Subjected to Indefinate Detention 01 JUN 01
IGLHRC: Transvestite Human Rights Defenders Injured by Police 18 JUN 02
HIV Aids Legislation/Cases/References
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].

R1.1 IGLHRC: Compulsory HIV Testing in Argentina AUG 96
Homosexuality, Sodomy Legislation/Cases/References
1.

National

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

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Inheritance Legislation/Cases/References
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].

R1.1 PinkNews.co.uk: Widowed Gays Win Rights in Argentina 19 AUG 08
R1.2 Capital Q: Argentine Couples Win Rights 13 JUN 97
Marriage Legislation/Cases/References
1.

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].

2.

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].

R1.1 The Advocate: Marriage Bill Signed in Buenos Aires 21 JUL 10
R1.2 365Gay.com: Argentina legalizes gay marriage in historic vote 15 JUL 10
R1.3 The Advocate: Argentina’s Lower House OKs Marriage Bill 05 MAY 10
R1.4 The Advocate: First Lesbian Couple Marries in Argentina 12 APR 10
R1.5 PinkNews.co.uk: Gay couple become first in Latin America to marry 29 DEC 09
R2.1 PinkPaper.com: Argentina experiences marriage chaos in anullment row 26 APR 10
Seattle Gay News: Legal drama in Argentina - Lesbian marriage annulled, then un-annulled 23 APR 10
R2.2 Latin American Herald Tribune: Another Same-Sex Marriage Nullified in Argentina 17 APR 10
R2.3 365Gay.com: Argentina annuls marriage of gay couple 11 MAR 10
R2.4 PinkNews.co.uk: Second gay couple in Argentina permitted to marry 24 FEB 10
R2.5 Buenos Aires Herald: Gay couple request Macri be fined for disobeying court ruling 04 DEC 09
R2.6 The Advocate: Argentine Judge Halts Gay Marriage 30 NOV 09
R2.7 The Advocate: Argentine Judge Rules for Gay Marriage 13 NOV 09
Military Legislation/Cases/References
See also: [HIV / Aids]
1.

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].

R1.1 365gay.com: Argentina officially ends trials for homosexual acts in military 02 MAR 09
R1.2 New York Times: Amend Code to Allow Gay Soldiers 25 AUG 99
Parenting: Adoption, Fostering Legislation/Cases/References
1.

National

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

R1 Melbourne Community Voice: Same-sex Unions Allowed 18 JUL 03

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