Argentina (2nd cycle) For a summary of Argentina’s review at the first cycle please click here.
14th UPR session
Date of review: 22 October 2012
Date of report adoption: March 2013
Working Group report: A/HRC/22/–
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Summary
Documents: The National report, compilaton of UN information, and summary of stakeholder submissions all provided information on human rights relating to sexual orientation and gender identity in Argentina. The National report outlined efforts to combat discrimination through relationship recognition, gender recognition and public awareness raising. The UN compilation raised concerns about transsexuals and MSM being particularly affected by HIV. Stakeholders were concerned about the treatment of LGBT detainees, education and the existence of provincial codes of misdemeanour.
Discussions: The delegation outlined the Equal Marriage Act and the Gender Identity Act. There were no other statements or recommendations on sexual orientation or gender identity.
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I. Key issues/recommendations identified by NGOs
- Welcome significant progress on LGBT rights;
- Ensure provincial codes of misdemeanour are not applied to discriminate or harass on grounds of race, sexual orientation or gender identity;
- Implement sensitivity training for public officials;
- Ensure fair treatment of LGBT detainees in accordance with the Yogyakarta Principles;
- Implement comprehensive sex education programme;
- Explicitly include sexual orientation and gender identity in antidiscrimination legislation.
II. Excerpts from input reports
National report
IV. Achievements in the implementation of the recommendations
A. Countering discrimination towards the most vulnerable sectors (recommendations 1 and 2)
28. The National Institute to Combat Discrimination, Xenophobia and Racism (INADI) works in five main subject areas: gender, education, health, interculturality and disabilities. Within each area, there are a number of programmes that focus on different issues. INADI also has cross-cutting activities dealing with such topics as sexual diversity, older adults, good practices in public employment and many others. In addition, the Institute has an office that assists and advises people who are subject to discrimination. This office (the Assistance and Advisory Directorate) processes complaints regarding xenophobic, discriminatory or racist behaviour and provides free legal aid to victims.
3. Sexual orientation
42. Measures taken to address the situation of other groups that are frequently the target of discriminatory practices include the steps taken to eliminate the legal inequalities to which some people are subject as a result of their sexual orientation. On the basis of two INADI reports, the National Social Security Administration issued a decision recognizing the pension rights of same-sex partners. In July 2010, an amendment to the Civil Code (Act No. 26.618) was passed that provides for the recognition of equality in marriage for all persons, regardless of their sexual orientation, and that permits same-sex marriages and allows for the possibility of adoption in such cases.
43. An important step forward in the expansion of the rights of groups that have historically been discriminated against because of their members’ sexual orientation was taken with the promulgation, by Decree No. 773/12, of Gender Identity Act No. 26.743. This law provides that all people have the right to recognition of their gender identity, to unhindered personal development in keeping with their gender identity, to be treated in accordance with their gender identity and, in particular, to be identified on identity documents with first name(s), a picture and an indication of their sex that is in keeping with their gender identity.
44. Under the new law, court authorization is not required either for the modification of identity information or for medical interventions; the informed consent of the person concerned is sufficient. The law permits total and partial surgical interventions and/or hormone treatments for persons over 18 years of age for the purpose of adapting their body to their self-perceived identity. All health care is covered by the Compulsory Medical Plan (PMO).
45. Along the same lines, the National Programme for Sexual Health and Responsible Parenthood, which was established by Act No. 25.673, guarantees the right to express one’s sexual preference without hindrance and without being subjected to any sort of discrimination or violence. As part of this programme, a task force has been working since October 2010 to define and promote public policies aimed at ensuring genuine access to sexual and reproductive health services for the lesbian, gay, transgender and bisexual population.
I. Systematic inclusion of a gender perspective in the follow-up to the universal periodic review process (recommendation 18)
123. This report not only incorporates a gender perspective but also attempts to include the issues relevant to persons with disabilities, children and adolescents, older adults, the lesbian, gay, transgender and bisexual community, and others.
Compilation of UN information
III. Implementation of international human rights obligations
A. Equality and non-discrimination
21. CEDAW urged Argentina to ensure that the rights of older women, women migrants, women with disabilities, and lesbians, bisexual and transgendered women are fully protected.
H. Right to health
62. UNCT reported that HIV continued to particularly affect transsexuals, men who had sex with men, drug users and sex workers. Moreover, although by law testing was required to be voluntary, obligatory pre-employment testing continued to be carried out, sometimes without the knowledge of the person concerned.
Summary of stakeholder information
II. Information provided by other stakeholders
A. Background and framework
2. Constitutional and legislative framework
12. The Multisectorial por la Diversidad en Tucumán (MDT) and the Federación Argentina de Lesbianas, Gays, Bisexuales y Trans (FALGBT) acknowledged the progress made in improving the situation of the lesbian, gay, bisexual and transgender community and highlighted the adoption of the Equal Marriage Act, which allowed same-sex couples to marry.
16. The Asociación Pensamiento Penal (APP) reported that each of the country’s 25 provinces had a code of misdemeanours and that the resulting diversity of punitive measures undermined the right to equality before the law. The Movimiento Afrocultural (MAC) stressed that, in some provinces, persons of African descent were detained under such a code simply for being in the street. FALGBT said that the codes penalized gender identities. MDT deplored the persecution suffered by transgender women at the hands of the police under the codes. APP recommended aligning the legislation relating to misdemeanours with the Constitution and with international human rights law.
C. Implementation of international human rights obligations
1. Equality and non-discrimination
24. FALGBT pointed out that anti-discrimination law still failed to recognize gender identity and sexual orientation as determinants of discrimination.
2. Right to life, liberty and security of the person
32. FALGBT said that the treatment of lesbian, gay, bisexual and transgender detainees remained at the discretion of the prison authorities, on the basis of regulations that provided for punishments for reasons of “morality”. Members of the transgender community were usually kept in isolation or placed with persons detained in connection with gender crimes.
9. Right to education
80. FALGBT expressed the view that religious education continued to be one of the main perpetuators of prejudice, discriminatory discourse and harassment in the school environment.
81. FALGBT welcomed the establishment by law, in 2006, of a comprehensive sex education programme. However, between 2008 and 2011, little or no progress had been made in implementing the programme. According to CADE, one of the problems was that each district had the autonomy to apply the programme according to its own circumstances. Joint Submission 1 recommended that federal and provincial policies be coordinated to achieve effective delivery of comprehensive sex education. MDT recommended incorporating diversity of sexual feeling and expressions of gender identity in the application of the law on comprehensive sex education.
III. References to SOGI during the Working Group review
I. Summary of the proceedings of the review process
A. Presentation by the State under review
17. The delegation [of Argentina] mentioned the equal marriage and gender identity laws as a fundamental step towards equality and the extension of the collective rights of those groups that had been historically discriminated against on the ground of sexual orientation. The Equal Marriage Act allowed marriage between same sex adults and the possibility of adoption. The Gender Identity Act guaranteed that every citizen could change his/her name, photo and sex in his/her identity documents.
IV. Conclusions and/or recommendations
There were no recommendations on sexual orientation and gender identity during the second cycle UPR of Argentina.
V. Adoption of the Report
The report of the working group is due to be adopted at the 22nd regular session of the Human Rights Council in March 2013.
VI. Further information
UPR Documentation
For first cycle reports of Argentina, please see here
National report 1: A | C | E | F | R | S
Compilation of UN information 2: A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance: E
Addendum 1: E
Addendum 2: E
Draft report of the Working group: E
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