Argentina: Minimum age at which an individual is legally entitled to vote; consume alcohol; obtain a driver's permit; engage in sexual activity, either heterosexual or homosexual; obtain a passport without parental consent; leave the country without parental consent; contract marriage without parental consent; age at which individuals become eligible for conscription; age up to which authorities are required to notify parents of their son or daughter's arrest (2000 - February 2001)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 28 February 2001 |
| Citation / Document Symbol | ARG36415.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Argentina: Minimum age at which an individual is legally entitled to vote; consume alcohol; obtain a driver's permit; engage in sexual activity, either heterosexual or homosexual; obtain a passport without parental consent; leave the country without parental consent; contract marriage without parental consent; age at which individuals become eligible for conscription; age up to which authorities are required to notify parents of their son or daughter's arrest (2000 - February 2001), 28 February 2001, ARG36415.E, available at: https://www.refworld.org/docid/3df4be0920.html [accessed 18 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. |
Under the terms of Article 1 of the National Electoral Code (Código Nacional Electoral), individuals are legally entitled to vote upon reaching 18 years of age (Argentina 1983). Voting is compulsory for Argentinean citizens between the ages of 18 and 70 years (El Mundo 25 Oct. 1999; Compton's Encyclopedia Online 1998; Encyclopedia Britannica 1999).
According to the International Center for Alcohol Policies (ICAP), a non-governmental organization based in the United States, the minimum age at which one can purchase or consume alcohol in Argentina is 18 years (ICAP Reports Mar. 1998). This information is corroborated by David Hanson, a professor of sociology at the Potsdam campus of the State University of New York and expert on alcohol consumption, who stated on his personal Website that the minimum drinking age in Argentina is 18 years (2000).
Under the terms of Article 11 of the Transit Law of Argentina (Ley Tránsito de Argentina), individuals must be at least 21 years of age in order to obtain a driver's permit for emergency vehicles, buses and heavy or articulated trucks, and at least 17 years of age for motorcycles, cars and light trucks (10 Feb. 1995).
According to an Interpol report on sexual offence laws against children in Argentina, which is based upon information submitted to the organization by the Argentinean government, the age of consent for sexual activity is 15 years (n.d.). This information was corroborated by a member of the management committee of the Argentinean Association for the Prevention of Family Violence (Asociación Argentina de Prevención de la Violencia Familiar), who stated that the age of consent for sexual activity is 15 years (27 February 2001). The member added that there are no laws pertaining specifically to the age of consent for homosexual sexual activity (ibid.). However, other sources indicate variable ages of consent, ranging from 12 to 16 years in the case of heterosexual sexual activity, and from 12 to 21 years for homosexual sexual activity (Age of Consent 2000; Gay Rights Info Oct. 2001; ILGA 2000). For example, in its World Legal Survey, the International Lesbian and Gay Association (ILGA) stated that the age of consent for heterosexual, same-sex male and same-sex female sexual activity is set at 12 years (ibid.).
Under the terms of Article 130 of the Argentinean Penal Code (Código Penal), those who "damage" (menoscabar) the sexual integrity of an individual of less than 16 years, despite the latter's consent, are subject to a prison sentence ranging from six months to two years (1921). Under the terms of Article 119, the Penal Code prescribes a sentence ranging from six months to four years in prison for those found guilty of sexually abusing an individual of either sex who is less than 13 years of age (ibid.).
According to Interpol, individuals reach the age of majority at 21 years, and become "criminally responsible" (penalmente responsible) at 18 years (n.d.).
According to the Website of the Argentinean Federal Police (Policía Federal Argentina, PFA), unmarried individuals of less than 21 years of age wishing to obtain a passport must present themselves with the required documentation in the company of either one or both parents (2000). However, should the passport applicant be accompanied by only one parent, he or she must also present a notarized letter of authorization from the absent parent (ibid.).
Individuals do not require authorization to leave the country if they are married, 21 years of age or older, or residents of another country (Ministerio de Relaciones Exteriores, Comercio Internacional y Culto 2000). Unmarried individuals under 21 of years of age must obtain both parents' notarized authorization prior to travelling unaccompanied outside of Argentina (ibid.; Viajes Dannemann May 2000).
Individuals who are 21 years of age or older are entitled to marry without parental consent (Interpol n.d.; Weddingweb 2000; Gobierno de la Ciudad de Buenos Aires 2001; Rosario Fiestas 2000). The minimum age of marriage is set at 18 years for men and 16 years for women, with the consent of both parents required until the age of majority is reached (Consejo Nacional de la Mujer n.d.; Gobierno de la Ciudad de Buenos Aires 2001; Weddingweb 2000; Rosario Fiestas 2000).
According to a 2000 report on Argentina by the Coalition to Stop the Use of Child Soldiers, a London-based non-governmental organization:
The law on voluntary military service, which entered into force on 5 January 1995, provides that military service is to be performed only by volunteers (men or women), who must be between 18 and 24 years of age. In addition, parental authorisation is required for recruits below 21 years of age.
Nevertheless, in exceptional circumstances, if there are not enough volunteers, Article 19 of this law allows the Government to reintroduce conscription. Such a decision must be approved by the National Congress, which shall be informed on the circumstances leading to the decision. In this case, an Argentinian citizen may be called up for a period not exceeding one year, during the year in which he reaches 18 years of age. This recruitment is carried out under the terms of the previous Law on Compulsory Service, thus indicating that it has not been totally abolished. An alternative social service is available for individuals who, for "profound religious, philosophical, or moral reasons", are unable to perform compulsory military service.
This information is corroborated by the National Interreligious Service Board for Conscientious Objectors (NISBCO), a non-governmental organization with headquarters in Washington, DC, which stated in a 2000 report that while military service is voluntary, the Argentinean congress retains the right, should an insufficient number of volunteer present themselves, to "conscript 18-year olds for a period of service not to exceed one year."
Information on the age up to which authorities are required to notify parents of their son or daughter's arrest was scarce among the sources consulted by the Research Directorate. However, under the terms of Law 6354, adopted by the Province of Mendoza on 22 November 1995, agents of the state must immediately solicit the presence of the parents or guardian of a child or adolescent who is apprehended. While Law 6354 does not indicate the maximum age at which one is considered a child or adolescent, the law's juvenile justice provisions apply to individuals who are no older than 18 years of age (ibid.). Furthermore, under the terms of Article 127, minors who are no older than 18 years of age at the time of their detention have the right to communicate with their parents, guardian or, should these individuals not be available, with a family member or friend (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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
Age of Consent. 2000. "Legal Age of Consent."
Argentina. 10 February 1995. Ley de Tránsito de Argentina.
_____. 1983. Código Nacional Electoral.
_____. 1921. Código Penal.
Asociación Argentina de Prevención de la Violencia Familiar, Buenos Aires. 27 February 2001. Correspondence from management committee member.
Coalition to Stop the Use of Child Soldiers. 2000. "Americas Report: Argentina."
Compton's Encyclopedia Online. 1998. "Argentina."
Consejo Nacional de la Mujer. n.d. " La legislación argentina y la Convención sobre la Eliminación de Todas las Formas de Discriminación contra la Mujer."
Encyclopedia Britannica. 1999. "Argentina."
Gay Rights Info. October 2001. "Homosexual Rights Around the World."
Gobierno de la Ciudad de Buenos Aires. 2001. " Registro del estado civil y capacidad de las personas."
Hanson, David. 2000. "Drinking Ages Around the World."
International Center for Alcohol Policies. March 1998. ICAP Reports 4.
International Lesbian and Gay Association (ILGA). 2000. "World Legal Survey: Argentina."
Interpol. 1999. "Legislation of Interpol Member States on Sexual Offences Against Children: Argentina."
Mendoza. 22 November 1995. Régimen Jurídico de Protección de la Minoridad.
Ministerio de Relaciones Exteriores, Comercio Internacional y Culto. 2000. "Venias de viaje."
El Mundo [Madrid]. 25 October 1999. Alfonso Rojo. "El centrista De la Rúa, nuevo presidente de Argentina tras derrotar al peronismo."
National Interreligious Service Board for Conscientious Objectors (NISBCO). 2000. "Military Service, Alternative Social Service, and Conscientious Objection in the Americas: A Brief Survey of Selected Countries."
Policía Federal Argentina (PFA). 2000. "Documentación personal."
Rosario Fiestas. 2000. "Registro civil."
Viajes Dannemann. May 2000. "Documentación necesaria."
Weddingweb. 2000. "Requisitos legales."
Additional Sources Consulted
Consejo Nacional del Menor y la Familia (CNMyF)
IRB databases.
Juventud de Capital (Municipalidad de Mendoza)
Internet sites including:
Canal 9 Televida [Mendoza]. Sintesis de noticias. Aug. 2000-Feb. 2001.
Centro de Estudios Legales y Sociales (CELS)
Clarín [Buenos Aires]. 1999-2001.
Consejo Nacional del Menor y la Familia (CNMyF)
Cuyo Noticias [Mendoza]. Aug. 2000-Feb. 2001
Diario Los Andes [Mendoza]. Feb.-May; Sept. 2000-Feb. 2001.
Instituto Provincial de la Juventud.
La Nación [Buenos Aires]. 1999-2001.
Ley 22.278 Régimen Penal de la Minoridad.
