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LGBT Rights in Argentina

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ Gender identity only
    Housing Discrimination
    Varies by Region
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal

Recent surveys in Argentina have revealed a mixed response towards LGBTQ+ rights and issues.

Argentina Surveys

of Argentinians approve gay people in public office
of Argentinians disapprove gay people in public office

History

Homosexual activity in Argentina

?

Homosexual activity in Argentina is legal.

Current status
Since 1987
Legal
Homosexual activity is legal in Argentina.
Added by celoafonso  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Argentina

?

Same-sex marriage in Argentina is legal.

Current status
Since Jul 15, 2010
Legal
In 2010, Argentina became the first country in Latin America to legalize gay marriage. The Senate passed the bill by a narrow margin (33 votes in favor, 27 against, and 3 abstained).
Added by celoafonso  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in Argentina

?

Censorship of LGBT Issues in Argentina is no censorship.

Current status
No censorship
In Argentina, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in Argentina

?

Right to change legal gender in Argentina is legal, no restrictions.

Current status
Since May 24, 2012
Legal, no restrictions
People have a right to change their legal gender without approval from a doctor or a judge. Sex reassignment surgery and hormonal treatments are not required, but they are provided by the state for free to anyone who requests them.
Several people had had their legal gender changed before the Gender Identity Law through court decisions, including popular actress, TV host and trans woman Flor de la V.
Sources:
Gender Identity Law [Spanish]: boletinoficial.gov.ar/Aviso…
New York Times [English]: nytimes.com/2012/05/25/worl…
Added by nicoscala  ·  0 accurate votes  ·  Report Error  ·  Log

Until May 23, 2012
Legal, but requires surgery
Changing gender is legal, but only under legal authorization and surgery.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Argentina

?

Legal recognition of non-binary gender in Argentina is recognized.

Current status
Since Jul 21, 2021
Recognized
Decree in place since july 21th of 2021 as of Presidential Decree N ° 476/21. Recognizing identities outside the male and female binomial by incorporating the nomenclature "X" in the National Identity Document as an option, for all people who do not identify themselves as male or female.
Added by playsaiot  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Argentina

?

LGBT discrimination in Argentina is illegal in some contexts.

Current status
Since Feb 27, 2009
Illegal in some contexts
Argentina recognizes international convention on human rights. LGBT individuals are explicitly protected in the military code but is not explicitly included in the general discrimination protection code.
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in Argentina

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LGBT employment discrimination in Argentina is gender identity only.

Current status
Since 2021
Gender identity only
According to ILGA: Since 2021, Article 7 of Law on Promotion of Access to Formal Employment for Transvestites, Transsexuals and Transgender Persons (Law No. 27,636) expressly prohibits discrimination in employment on the basis of "gender identity and gender expression".
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in Argentina

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LGBT housing discrimination in Argentina is varies by region.

Current status
Varies by Region
Pending nationwide.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Sexual orientation and gender identity

  1. Buenos Aires
  2. Santa Fe

Sexual orientation only

  1. Río Negro
  2. Santa Cruz

No protections

  1. Catamarca
  2. Chaco
  3. Chubut
  4. Corrientes
  5. Córdoba
  6. Entre Ríos
  7. Entre Ríos
  8. Formosa
  9. Jujuy
  10. La Pampa
  11. La Rioja
  12. Mendoza
  13. Misiones
  14. Neuquén

Same-sex adoption in Argentina

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Same-sex adoption in Argentina is legal.

Current status
Since Jul 15, 2010
Legal
Same-sex adoption is legal in Argentina.

Serving openly in military in Argentina

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Serving openly in military in Argentina is legal.

Current status
Since Sep 4, 2020
Legal
There has never been a formal ban on the military service of trans people in the Argentine Armed Forces. And in 2021, following decree Law No. 721, military service for trans people began to be encouraged through a system of positive discrimination that began to reserve 1% of all military service vacancies for trans people.
Added by Gus_Braga  ·  1 accurate vote  ·  Report Error  ·  Log

Feb 28, 2009–Sep 3, 2020
Lesbians, gays, bisexuals permitted, transgender people banned
Following a military reform law by the Argentine parliament, LGB people can serve, but transgenders are not included.
Added by celoafonso  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Argentina

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Blood donations by MSMs in Argentina is legal.

Current status
Since Sep 16, 2015
Legal
In 2015, the ban on blood donations by MSMs was lifted.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Jun 13, 2006–Sep 16, 2015
Banned (1-year deferral)
Federal regulations ban MSMs from donating blood, but it has been legal in the Autonomous City of Buenos Aires since July 2013.
A bill that would strike down the federal ban in other regions was passed by the lower house of Congress, but it was never considered by the Senate.
Sources:
National Institute against Discrimination, Xenophobia and Racism [Spanish]: inadi.gob.ar/2012/06/donaci…
Buenos Aires city law - La Nación [Spanish]: lanacion.com.ar/1598266-mod…
Added by nicoscala  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in Argentina

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Conversion therapy in Argentina is banned.

Current status
Since Dec 3, 2010
Banned
Article 3(c) of the Law on Mental Health (2010) establishes that a person cannot be diagnosed on their mental health exclusively on the basis of their "sexual choice or identity”. It prevents health professionals, particularly psychiatrists, from legally engaging in sexual orientation change efforts (SOCE).
Additionally, at the subnational level, in December 2020, the province of Santa Cruz passed the Integral Law for the recognition and historical reparation of the rights of trans persons (Law No. 3.724), which prohibits "aversion therapies" for trans people under Article 24.
Sources:
database.ilga.org/argentina-lgbti
web.archive.org/web/2016080…//www.fepra.org.ar/docs/salud_mental/ley_nacional_26657.pdf
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in Argentina

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Equal age of consent in Argentina is equal.

Current status
Since 2001
Equal
Added by celoafonso  ·  1 accurate vote  ·  Report Error  ·  Log