- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Gender identity only
- Housing Discrimination
- Varies by Region
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent surveys in Argentina have revealed a mixed response towards LGBTQ+ rights and issues.
OPPOSE
SUPPORT
Survey
(AmericasBarometer, 2019)
Perception of LGBTQ+ People
Survey results from 9 LGBTQ+ Equaldex users who lived in or visited Argentina.
Overall
Perceived Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Homosexual activity in Argentina is legal.
Current status
Since 1987
Legal
Homosexual activity is legal in Argentina.
Same-sex marriage in Argentina is legal.
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.
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.
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.
Until May 23, 2012
Legal, but requires surgery
Changing gender is legal, but only under legal authorization and surgery.
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.
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.
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".
LGBT housing discrimination in Argentina is varies by region.
Current status
Varies by Region
Pending nationwide.
Sexual orientation and gender identity
Sexual orientation only
No protections
Same-sex adoption in Argentina is legal.
Current status
Since Jul 15, 2010
Legal
Same-sex adoption is legal in Argentina.
Intersex infant surgery in Argentina is not banned.
Current status
Not banned
In 2018, Bill No. 7037-D-2018 aimed at banning involuntary and/or unnecessary medical treatments and procedures that modify a person's sexual characteristics was presented in the Argentine Federal Congress, but had not been approved.
In 2019, the Comprehensive Protection of Sex Characteristics Bill (2019) with similar objectives was presented in the Chamber of Deputies of the Argentine Federal Congress, however, in 2021, it was reported that the bill had been withdrawn from consideration.
In 2022, the previous bill was reintroduced in the Chamber of Deputies with the support of several sponsors as Bill No. 6041-D (2022).
In 2019, the Comprehensive Protection of Sex Characteristics Bill (2019) with similar objectives was presented in the Chamber of Deputies of the Argentine Federal Congress, however, in 2021, it was reported that the bill had been withdrawn from consideration.
In 2022, the previous bill was reintroduced in the Chamber of Deputies with the support of several sponsors as Bill No. 6041-D (2022).
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.
Blood donations by MSMs in Argentina is legal.
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.
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.
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.
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.
Equal age of consent in Argentina is equal.
Current status
Since 2001
Equal
LGBT Rights by Province
View the LGBT laws in each individual province of Argentina.
- San Juan
- San Luis
- Santa Cruz
- Santa Fe
- Santiago del Estero
- Tierra del Fuego
- Tucumán
- Ciudad Autónoma de Buenos Aires (Federal District)
Equality Rank
#37
Interest Rank based on Equaldex traffic ?
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