Recognition of same-sex unions in Argentina
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In Argentina, marriage is allowed only between a man and woman. However, civil unions are recognised in four jurisdictions within Argetina: the Autonomous City of Buenos Aires (since 2002)[1], the Province of Río Negro (2003)[2], the city of Villa Carlos Paz (2007)[3] and the city of Río Cuarto (2009)[4] Civil unions are registered unions conducted between two adults, either of the opposite or same sex, and provide some of the rights granted to married couples, such as health and insurance benefits and hospital visitation. They do not provide inheritance and adoption rights. Civil unions can only be entered into once a couple has lived together for a given time, usually one or two years.
At a national level, Argentina extends widow/widower pensions to surviving partners of same-sex couples. Four Argentine labor unions have now extended National Security System medical benefits to employees’ same-sex partners. The unions and the system operate jointly in the health-care arena. The benefits are available to members of the unions for teachers, commerce employees, executives and air-transport personnel. In December 2005, a judge agreed and ordered jails and prisons across the province of Córdoba to authorize conjugal visits for all gay prisoners. The ruling also allows inmates who develop relationships inside jails also to be allowed sexual relations.
On 16 October 2007, the legislation was put before the Senate that would legalize same-sex civil unions nationwide.
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[edit] Unregistered cohabitation
On 19 August 2008, the Government of Argentina confirmed that it was allowing cohabitating same-sex couples (who had lived together for a period of more than five years) the right to collect the pensions of their deceased partners. This signalled the first time that unregistered cohabitation and rights for same-sex partners were recognised nationwide.[5]
[edit] Same-sex marriage
Just two weeks before the mid-term elections, Justice Minister Aníbal Fernández issued a statement stating that he was in favor of starting a same-sex marriage debate within the Congress, citing that a gender neutral law would "end discrimination" and going on to say that "many people are demanding it." Fernández also stated that former president, Néstor Kirchner, who is the husband of the nation's current president, supported surfacing a same-sex marriage debate in the country. His wife's position towards such a motion is currently unknown. The minister said that he is presently "working toward" presenting a law draft to congress, but remarked that his ministry must first "evaluate all the different aspects of the issue."[6] If legalized, Argentina would become the first country in South America to legalize same-sex marriage, though the political party leading in the polls for the upcoming Uruguayan election has officially stated their intent to introduce a gender neutral marriage bill.
[edit] See also
[edit] References
- ^ With news agencies (2002-14-14). "Same-sex couples legal in BA". Buenos Aires Herald. http://www.buenosairesherald.com/argentina/note.jsp?idContent=1031&Key=ARGENTINA.
- ^ "In 5 years, only 10 couples went through the civil registry". Diario Río Negro. 2008-02-03. http://www.rionegro.com.ar/diario/2008/02/03/20082v03s01.php.
- ^ "Córdoba: aproved the civil union among homosexuals in Villa Carlos Paz". Diario Clarín. 2008-11-23. http://www.clarin.com/diario/2007/11/23/um/m-01547228.htm.
- ^ Río Cuarto: aprueban la unión civil de parejas gays, 7 May 2009
- ^ Argentina grants gay couples partner pensions, CNN, 19 August 2008
- ^ Aníbal Fernández supports parliamentary debate on same-sex marriages
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