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Argentina – SOGI Legislation Country Report (2013)


Discrimination by both state and private actors on grounds of sexual orientation and gender identity is prohibited by statutes at the city level (City of Rosario Antidiscrimination Ordinance 7946, 2005; Buenos Aires City Constitution, 1996).

Argentina’s Military Reform Act permits gay and lesbian individuals to serve in the military, and bans discrimination on the basis of sexual orientation (Military Reform Act, Law Nº 26394, 2009).

The age of consent is the same for same-sex and opposite-sex sexual activity (Argentine Penal Code; Argentine Civil Code Law Nº 26.579, 2009).

Surgical and hormonal reassignment procedures are covered as part of public and private health insurance, and all persons over 18 years of age are free to undergo gender reassignment as well as revise official documents without any prior approval from a judicial or medical authority (Gender Identity Law, Nº 26.743, 2012).

Same-sex couples can enter into civil marriages, and are afforded the same rights and legal recognitions of marriage as opposite-sex couples including, among others, adoption rights and pension benefits. (Civil Marriage Law Nº 26618, 2010; National Administration of Social Security Resolution 671, 2008; City of Rosario Ordinance 8004, 2006).

Immigrant same-sex spouses of Argentine nationals are eligible for permanent residence and, as foreigners, are guaranteed the same civil rights as Argentine nationals (Migration Law Nº 25.871, 2004; Constitution of the Argentine Nation, 1994).