Posted on September in Country Information. Article 2 — Definition. Gender identity is understood as the internal and individual way in which gender is perceived by persons, that can correspond or not to the gender assigned at birth, including the personal experience of the body.
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Lesbian, gay, bisexual, and transgender LGBT rights in Argentina are among the most advanced in the world. Upon legalising same-sex marriage on 15 July , Argentina became the first country in Latin America , the second in the Americas , and the tenth in the world to do so.
Argentina also "has one of the world's most comprehensive transgender rights laws":  its Gender Identity Law , passed in , allows people to change their legal gender without facing barriers such as hormone therapy , surgery or psychiatric diagnosis that labels them as having an abnormality.
Societal acceptance is also very high. Prior to Spanish colonisation , multiple groups inhabited modern-day Argentina. Traditionally, the Mapuche recognised a third gender called weye. The Mapuche did not possess the typical Western notions of sex or sexuality.
Indeed, weye individuals were regarded as neither male or female, but as some sort of mix between the two. Weye would typically play certain important societal roles, including being a machi , a Mapuche shaman.
The arrival of the Spanish Empire in the 16th century resulted in the spread of Christianity in Argentina, which in turn introduced negative attitudes towards homosexuality. The Spanish reportedly referenced the indigenous peoples as "savages" for engaging in homosexual activity, and called the Mapuche the "sodomites of Patagonia".
Sodomy was apparently one of the reasons the Spanish conquistadors declared war against the local peoples. Following the creation of Spanish governorates in South America , sodomy became punishable with burning at the stake. Same-sex sexual activity has been legal since , when Law No.
The Penal Code made no reference to consensual sexual acts between adults. LGBT people were heavily persecuted under these regulations. During the nineteenth century, writings on homosexuality treated it as a medical pathology , an accusation to be levied against political opponents or something brought into the nation by foreigners.
In , a homosexual-themed play named Los Invertidos was forced to shut down, although medical journals were permitted to discuss homosexuality.
Police harassment of homosexuals is reported to have increased during the first military coup of which initiated the Infamous Decade. In , a mass arrest of homosexual men prompted legislation to legalize and regulate heterosexual prostitution based on the argument that men were turning to homosexuality out of desperation.
Instead, the group generally avoided being politically active and was primarily concerned with bringing awareness to the oppression the LGBT community faced.
In the five years it existed, FLH aligned itself with feminists , Marxists , and other left-winged groups and was more openly politically active than its predecessors. For instance, FLH was less concerned with establishing a consolidated democracy; instead it was focused on generating freedom and equality via anti-imperialism and "working-class politics", hence the alliances with leftist organizations that were not necessarily involved primarily in LGBT activism.
The coup and the beginning of a new dictatorship eradicated this movement. In preparation for the World Cup , which was being held in Argentina, the military—and possibly local police as well—underwent a "cleansing" process in which they arrested, beat, and violently suppressed members of the LGBT community. During this period, 18 gay men—including an FLH activist—were murdered. The return to democracy in allowed for the creation of an LGBT rights movement.
During this initial era of democratization, the first gay bar opened and the LGBT community began to become more open,  with pride festivals, publications and political activism. Although influenced by CHA, FALGBT was different: it was particularly focused on legalizing same-sex marriage; it is considered an "umbrella organization", and therefore is less centralized; and is more concerned with issues outside of rights for gay men, such as rights for gay women and feminism. Its other successes include: passing the Gender Identity Law in , which allows people to legally change gender without permission from medical or healthcare providers and also ensures non-binary, transgender, or gender non-conforming individuals get equal access to healthcare; the repealing of the Fault Codes, a collection of laws that "criminalized sex diversity"; getting pro-LGBT sex education to be taught in schools; passing laws that protect LGBT students from bullying and other forms of harassment; and lastly passing a law allowing for LGBT families to use reproductive technology such as in vitro fertilization without discrimination.
Despite these advances, there are still instances of what could be considered anti-LGBT sentiments in the Argentine government and judicial system. In , a judge reduced the sentence of a man convicted of raping a six-year-old boy, on the basis that the young child had a "homosexual orientation".
In November , a judge ruled that the prohibition of same-sex marriage was unconstitutional and permitted a male couple, Alex Freyre and Jose Maria Di Bello, to be married.
The decision was hailed as a "legal first" by Reuters who said it was "setting a precedent that could pave the way for the Catholic country to become the first in Latin America to allow same-sex marriage".
The world is heading toward that direction". Because that decision applied only in the case presented by Freyre and Di Bello, other same-sex couples had to appeal to the Judicial Power, wait for the resolution of unconstitutionality and then go to Tierra del Fuego to marry.
The first pro-marriage bill championed by the FALGBT was introduced in , and although it failed, it brought the issue of same-sex marriage to the public's attention and allowed for two other bills to be introduced in Same-sex marriage was legalized in Argentina on 15 July , after a positive vote in both the Chamber of Deputies lower house and the Senate upper house. After the law was passed, Argentina became the second country in the Americas to legalise same-sex marriage,  as well as the first in Latin America ,    and the tenth worldwide, following Belgium , Canada , Iceland , the Netherlands , Norway , Portugal , South Africa , Spain and Sweden.
Leading up to the legalization of same-sex marriage, the Catholic Church in Argentina worked endlessly against same-sex marriage. However, unlike in other Latin American countries—where the Church may have been more successful—Argentina is a relatively secular society.
Same-sex couples have been able to legally adopt since July , when the same-sex marriage legislation went into effect. Since , lesbian couples have had equal access to IVF. A law allowing such procedures was approved by the House of Deputies votes to 1 with 10 abstentions in June As of [update] , no national law exists to expressly deal with discrimination or harassment on the basis of sexual orientation or gender identity, although the Autonomous City of Buenos Aires and the city of Rosario the third most populous of the country do include sexual orientation in their civil rights and anti-discrimination laws.
On 13 August , the Chamber of Deputies approved an amendment to the anti-discrimination law banning discrimination based on sexual orientation and gender identity, but it was not voted by the Senate. On 27 March , a comprehensive federal anti-discrimination law was introduced to the National Congress by a leading LGBT rights group and several members of Congress. The bill's first debate in a commission was on 29 April,   but it was later stalled.
A new bill was introduced in the Senate in June In , the Penal Code was amended to provide a penalty of up to life imprisonment for hate crimes based on sexual orientation, gender identity or expression. Article 80 4 of the Penal Code Delitos contra las personas , "Crime against individuals" states that life imprisonment shall be imposed to anyone who kills for pleasure, greed and hatred based on racial, religious reasons, gender, sexual orientation, gender identity or expression.
Discrimination and harassment on the account of gender identity remain a problem, although the transgender community has become more visible and politically organized. One of its first victories came in when the Supreme Court overturned a lower court's ruling that had stated that transgender people did not have a legal right to organize and campaign for their rights. In , the Supreme Court ruled that a year-old had the legal right to go through the sex change process and have her legal documents changed to reflect the operation.
In , Marcela Romero won the legal right to have her identity changed, and was given an honorary title by the government. She was awarded by the Honorable Congresswoman of the year. Romero remains one of the leading advocates for the human rights of transgender people in Argentina.
This law grants adults sex reassignment surgery and hormone therapy as a part of their public or private health care plans. The law also allows for changes to gender, image or birth name on civil registries without the approval of a doctor or a judge. She is believed to be the youngest to benefit from the country's Gender Identity Law. Mendoza Province and Santa Fe Province allow individuals to leave their sex entry blank instead of choosing "male" or "female".
On 27 February , Argentina's Parliament passed a broad military reform act. One of the provisions of the law allows gay, lesbians and bisexuals to serve in the military and bans discrimination on the basis of sexual orientation within the armed forces.
The law became effective six months after passage. In September , Argentina abolished its ban on gay and bisexual men donating blood. Comprehensive sexual education has traditionally been and still somewhat remains a taboo topic in Argentine politics. Likewise, while health care is the right of each citizen, it is often elusive for people living in rural communities.
Much of the funding for public education and treatment has come from private charities, NGOs and international organizations. Argentina enacted a sex education law in ,  though it has been criticised for not doing enough to prevent bullying of LGBT youth.
The platform touches on topics, such as gender-based violence, LGBT rights, contraception, eating disorders and drugs. Since the end of the dictatorship in and the subsequent transition to a free democracy, Argentina has seen a significant shift in public attitudes towards LGBT people. During the dictatorship, LGBT people were actively persecuted; many were murdered, beaten, raped or disappeared. Homosexuality, transgender people and same-sex relationships were viewed as "disordered", "decadent" and "sub-human" by society, the military regime and the Catholic Church.
In the decades following the dictatorship, Argentina has made "big strides" in recognising the legal rights of LGBT people.
In , the country became the tenth worldwide to legalise same-sex marriage , despite opposition from the influential Catholic Church. Other legal reforms include enacting a hate crime law to cover sexual orientation and gender identity, the legalisation of civil unions , allowing same-sex couples to adopt, allowing gay and bisexual men to donate blood, banning conversion therapy , and the passage of a transgender recognition law, which led the BBC Mundo to state that "Argentina leads the trans revolution in the world.
According to a survey, two-thirds of Argentinians were in favour of same-sex marriage. Due to same-sex marriage bans there, many couples from neighbouring Chile and Paraguay come to Buenos Aires to marry, as Argentina does not have any residency requirements for marriage.
First held in , it was attended by about participants, and since then has been growing each year. In , an estimated , people took part in the festivities. From Wikipedia, the free encyclopedia. LGBT rights in Argentina. Liberalism Socialism Political parties affiliates. Years List Category. Human rights Minority rights Discrimination Freedom Index. Main article: Same-sex marriage in Argentina. Main article: Transgender rights in Argentina. Archived from the original PDF on 27 June BBC News. Archived from the original on 30 April Pew Research Center.
Archived from the original PDF on 18 February Retrieved 8 December Washington Blade. Brown, Naff, Pitts Omnimedia, Inc. Retrieved 22 November Archived from the original on 31 March Retrieved 2 September BBC Mundo.
Gender Identity Law
In addition, it orders that all medical treatments for transitioning be included in the Compulsory Medical Program, which guarantees coverage by practices throughout the health system, both public and private. Approved by the Senate on 9 May and promulgated on 24 May, it has been lauded by the United Nations as a pioneering step for transgender rights in the region. The most remote antecedent regarding the question of gender identity in Argentina dates back to , in which a doctor performed a sex reassignment operation on a trans woman patient. He received a suspended sentence of three years for the crime of very serious injuries under Article 91 of the country's Penal Code. In , Judge Mario Calatayud of Room F of the National Chamber of Civil Appeals of Buenos Aires , in dissent with the presiding majority, granted the first recognition of the gender identity of a trans woman who had requested a change to her registered name and sex.
LGBT rights in Argentina