Argentina: Information on whether the Chamber of Deputies has amended anti-discrimination legislation to prohibit discrimination on the basis of sexual orientation, 1995 to present
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 September 1997 |
| Citation / Document Symbol | ARG27761.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Argentina: Information on whether the Chamber of Deputies has amended anti-discrimination legislation to prohibit discrimination on the basis of sexual orientation, 1995 to present, 1 September 1997, ARG27761.E, available at: https://www.refworld.org/docid/3ae6ac4c94.html [accessed 25 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Information on whether the Chamber of Deputies has amended anti-discrimination legislation to prohibit discrimination on the basis of sexual orientation could not be found among the sources consulted by the DIRB. However, several May 1997 sources report that, following a decision by a unionized health care group, homosexual couples are now eligible for widow and widower pensions (AP 28 May 1997; IPS 29 May 1997; Sun-Sentinel 29 May 1997). The IPS report adds that medical coverage is also extended to same-sex partners (29 May 1997). Another IPS report states that discrimination against transsexuals has ended in Argentina following a landmark court ruling permitting a person born male to become female, and that this ruling will provide transsexuals with legal protections (27 May 1997). Please consult the three attached articles for additional information on the pension claims and the impact of the court ruling on Argentina's transsexual community.
According to two IGLHRC Action Alert reports, the city councils of Buenos Aires and Rosario adopted anti-discrimination clauses that would prohibit discrimination on the basis of sexual orientation (Jan. 1997; Nov. 1996).
An organization called Gays for Civil Rights (Gays por los Derechos Civiles) proposed successfully that sexual orientation be included in the anti-discrimination measure that the Statutory Convention of Buenos Aires approved unanimously on 30 August 1996 (Nov. 1996). On 24 September 1996 the Statutory Convention then repealed the Police Edicts, which had allowed police to arbitrarily detain gays, lesbians and prostitutes without formal judicial review (ibid.). The January 1997 IGLHRC Action Alert issue reports that Rosario, the second largest city in Argentina, adopted a similar measure regarding sexual orientation on 20 December 1996. For additional information on these anti-discrimination measures, please consult both attached documents.
For background and/or additional information on the treatment of homosexuals in Argentina, please consult Responses to Information Requests ARG25041.E of 20 October 1996, ARG21591.E of 29 August 1995, ARG21149.E and ARG21150.E of 4 August 1995.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
The Associated Press (AP). 28 May 1997. "Homosexual Couples Are Entitled to the Same Rights as Heterosexual Couples When It Comes to Claiming Widow or Widower Pensions." (NEXIS)
IGLHRC Action Alert [San Francisco]. January 1997. Vol. 6, No. 1. "Activists Win Another Victory for the LGBT Community in Rosario, Argentina's Second Largest Town."
_____. November 1996. Vol. 5, No. 5. "Double Victory in Buenos Aires."
Inter Press Service (IPS). 29 May 1997. Marcela Valente. "Argentina: Homosexuals Winning Battles, But Not Yet the War." (NEXIS)
_____. Daniel Gatti. "Latin AmericaRights: Transsexuals Face Legal Discrimination." (NEXIS)
Sun-Sentinel [Fort Lauderdale, Fla.]. 29 May 1997. Final Edition. "Homosexuals May Legally Claim Widow and Widowers' Pensions When Their Partners Die... ." (NEXIS)
Attachments
IGLHRC Action Alert [San Francisco]. January 1997. Vol. 6, No. 1. "Activists Win Another Victory for the LGBT Community in Rosario, Argentina's Second Largest Town."
_____. November 1996. Vol. 5, No. 5. "Double Victory in Buenos Aires."
Inter Press Service (IPS). 29 May 1997. Marcela Valente. "Argentina: Homosexuals Winning Battles, But Not Yet the War." (NEXIS)
_____. Daniel Gatti. "Latin AmericaRights: Transsexuals Face Legal Discrimination." (NEXIS)
Sun-Sentinel [Fort Lauderdale, Fla.]. 29 May 1997. Final Edition. "Homosexuals May Legally Claim Widow and Widowers' Pensions When Their Partners Die... ." (NEXIS)
Additional Sources Consulted
DIRB Country File: Argentina. 1997.
ILGA Bulletin [Brussels]. 1996-1997.
Latinamerica Press [Lima]. 1997.
Latin American Weekly Report [London]. 1997.
Electronic sources: DIRB Databases, Global News Bank, Internet, REFWORLD (UNHCR database), World News Connection (WNC).
