Argentina: Demand Immediate Ratification of Civil Union Law in Rio Negro Province
07/28/2004
SUMMARY
In March 2003, the State Parliament of Rio Negro Province, in the South of Argentina, passed a civil unions law for same-sex couples that grants them the same rights enjoyed at state levels by de-facto unions, except the possibility to marry and adopt children.
However, despite his public commitment in December 2003 to ratify the civil union law so that it can take effect, Governor Miguel Saiz has yet failed to do so.
IGLHRC joins local organization Grupo deSida por la vida asking for URGENT letters to be sent to Governor Saiz demanding that he ratifies the civil unions law immediately.
ACTION
Please write to:
- Gobernador de la Provincia de Rio Negro (Rio Negro State Governor)
- Mr. Miguel Saiz
rngoberna@micoor.gov.ar
And please send a copy to the following local media:
- redaccion@noticiasnet.com.ar
noticiasdebariloche@speedy.com.ar
rionegro@infovia.com.ar
diario@elciudadanobche.com.ar
diariodigital@bariloche2000.com.ar
horizonte@bariloche.com.ar
radio@fmbariloche.com.ar
And to Grupo deSida por la Vida at
SAMPLE LETTER
You will find below a sample letter in Spanish, followed by its translation into English. To make communication with the Governor easier, we suggest that you send the Spanish version
Miguel Saiz
De nuestra consideración:
Nos dirigimos a usted para solicitarle la pronta promulgación y reglamentación de la Ley de Unión Civil, que reconocerá a las parejas formadas por personas del mismo sexo los mismos derechos a nivel provincial de los que actualmente gozan las parejas de hecho.
Dicha iniciativa, de autoría de la diputada Regina Klutz, fue aprobada por la Legislatura de la provincia en marzo de 2003, habiendo cumplido con todos los requisitos establecidos por la ley. Desde entonces, está a la firma del Señor Gobernador para su entrada en vigencia.
Confiamos en que el Señor Gobernador recordará y hará efectivas sus promesas de campaña, que en diciembre de 2003 incluyeron explícitamente la promulgación de la ley de unión civil. Confiamos también en que, como primer mandatario de la provincia, cumplirá con su deber. Como bien lo dice el Artículo 14 de la Constitución de la Provincia de Río Negro, es deber del Estado "asegura(r) la efectividad de los derechos y garantías establecidos en la Constitución, primordialmente los vinculados con las necesidades vitales del hombre. Tiende a eliminar los obstáculos sociales, políticos, culturales y económicos, permitiendo la igualdad de posibilidades".
Agradeciendo su pronta atención a este urgente asunto, saludamos a usted muy atentamente
English translation
Governor of the Rio Negro Province
Mr. Miguel Saiz
We write to you to request the prompt ratification of the Civil Unions Law that will grant equality in those rights recognized at State level between same-sex couples registered as such and de-facto couples of different sexes.
The State Legislation passed the Civil Unions Law, authored by MP Regina Klutz, in March 2003, having successfully completed all procedural requirement established by law. Since then, it awaits ratification by Mr. Governor in order to enter into force.
We trust Mr. Governor would remember and make effective his campaign promises that in December 2003 explicitly included ratification of the Civil Unions Law. We also trust that, as head of the State government, you will fulfill your duty. As the Rio Negro Constitution eloquently states, in its Article 14, it is the duty of the State "to ensure that rights and protections consecrated by the Constitution are made effective, particularly those related to man's most vital needs. (The State) also tends to eliminate social, political, cultural and economic obstacles that will not allow equality in terms of possibilities".
We thank your prompt attention to this urgent matter and remain sincerely yours,
(Name, organization, address)
BACKGROUND INFORMATION
The civil-unions bill was introduced by MP Regina Klutz before the Rio Negro State Legislature in June 2002 and passed in general terms on December 18, 2002.
Both ruling and opposition parties declared themselves in support of the proposal before its debate in the State Legislature; the Catholic Church in the province did not voice a negative opinion.
From December 2002 to March 2003, the State Legislature received suggestions from amendments to the proposal. It was passed in its final version - with no significant changes from the original one - in March 2003.
According to the law, civil unions in Rio Negro will not be registered separately from (straight) de-facto unions. Both will be registered at the same offices. In order to register as a union, a couple (straight or homosexual) must be 18 or older and present two witnesses who can prove that they have resided together for at least two years. Registered couples can access state housing plans and enjoy social benefits and sick or bereavement leave if they are state employees, and have visitation rights in public hospitals.
Rio Negro has very advanced legislation that is unique to Argentina in areas such as mental health (patients are not hospitalized but cared for by the communities in which they live) and reproductive health (public hospitals provide free contraception and sterilization procedures upon request, both for women and men).
INTERNATIONAL LAW
According to our files (as of July 2004), the following cities, states and countries around the world protect the rights of same-sex couples:
In Brazil, the state of Rio Grande do Sul recognizes same-sex civil unions. The cities of Belo Horizonte (Minas Gerais), Natal ( Rio Grande do Norte), Pelotas (RGS), Recife (Pernambuco), Porto Alegre (RGS), Rio de Janeiro (Rio de Janeiro) and Sao Paulo (SP) grant equality for same-sex partners of state employees. Judicial verdicts at the Federal level have granted the right to permanent residence for foreign same-sex partners of Brazilian citizens, as well as the right to pension for same-sex couples.
Court decisions recognizing the right to pension for same-sex couples have also been issued in Argentina and Uruguay.
In Costa Rica, the National Insurance Institute has stated that same-sex couples can jointly apply for health and insurance policies, as well as for housing credits.
Civil union proposals at the federal level have been introduced to the Parliaments of Brazil, Chile, Panama and Peru.
In Europe, the Netherlands and Belgium provide same-sex couples with full access to marriage, on equal terms with straight couples. Finland, France, Germany, Hungary, Portugal, Sweden and Switzerland have granted registered unions all conjugal rights, except adoption, access to reproductive technologies and church weddings. Denmark, Iceland and Norway also allow adoption of the partner's children. The United Kingdom allows its citizen to sponsor their same-sex partners for immigration purposes and it also allows same-sex couples to jointly adopt children. Spain, Catalonia, Aragón, Navarra and Valencia grant all conjugal rights, except adoption, to same-sex couples.
Australia has no federal protection for same sex couples, but its Migration Program allows Australian citizens, Australian permanent residents and eligible New Zealand citizens to sponsor their same-sex partner to remain in or migrate to Australia on the basis of their relationship. Several Australian provinces have domestic partnership laws (Capital Territory, New South Wales, Queensland, Tasmania and Victoria). New Zealand allows single women and lesbian couples access to state-funded reproductive technologies.
Canada also has no federal protection, but four of its states recognize same-sex marriage (British Columbia, Ontario, Quebec and Yukon Territory) while others have same sex unions (Manitoba, New Brunswick, Newfoundland, Nova Scotia, Saskatchewan). Joint adoption by same-sex couples is allowed in the provinces of Alberta, British Columbia, Manitoba, Northwest Territories, Newfoundland, Nova Scotia, Ontario and Quebec
South Africa grants same-sex couples social and employment benefits and immigration rights.
In the USA, the state of Massachusetts recognizes same-sex marriages, while domestic partners (of the same sex) are recognized for some benefits in California, the District of Columbia, Hawaii, Maine and Vermont. Same-sex couples can jointly adopt in California, and those in registered unions may adopt their partner's children in Vermont.
The right to equality before the law and to be free from discrimination are protected by the Universal Declaration of Human Rights (UDHR) in its Articles 2 and 7, by the International Covenant on Civil and Political Rights (ICCPR) in its Articles 2 and 26, and by the Interamerican Convention on Human Rights (IACHR) in its Articles 1 and 24. "Sex" is a protected category under all those treaties.
The United Nations Human Rights Committee affirmed in its decision in Toonen v. Australia (1994) that existing protections against discrimination in Articles 2 and 26 of the ICCPR should be understood to include sexual orientation as a protected status. Numerous other human rights mechanisms of the United Nations have subsequently condemned discrimination based on sexual orientation. The UN Committee on Economic and Social Rights has made a similar observation, in its General Comment 14 on the right to health- to be applied to all economic, social and cultural rights.
The right to social security is protected by the UDHR (Article 22) and by the International Covenant on Economic, Social and Cultural Rights (ICESCR) (Article 9, including also social insurance).
The right to a standard of living adequate for the health and well-being of oneself and ones‚ family (including rights to food, clothing, housing, medical care and necessary social service, and the right to security in the event of unemployment, sickness disability, old age or other lack of livelihood in circumstances beyond one‚s control and the continuous improving of living conditions) is protected by the UDHR (Article 25.1) and the ICESCR (Article 11.1)
The right to the enjoyment of the highest attainable standard of physical and mental health is protected by the ICESCR (Article 12.1)
The right to the protection of the family is enshrined in Article 16 of the UDHR, Article 10 of the International Covenant on Economic, Social and Cultural Rights (ICESC), Article 23 of the ICCPR, Article 17 of the IAHRC.
In terms of social, economic and cultural rights it is worth noticing that the IAHRC (Article 26) mandates signatory states to "adopt measures with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific and cultural standards set forth in the Charter of the Organization of American States" (basically, those protected by the ICESCR).
Article 75.22 of the Argentinean Constitution establishes the precedence of international treaties ratified by the country over local laws. Article of the same Constitution protects the right to equality before the law.
Argentina ratified both ICCPR and ICESCR in 1986, IACHR in 1984 and CRC in 1990. The UDHR is considered customary law for all Member States of the United Nations, including Argentina. Right to social security is protected by the Argentinean (Article 14bis) and Rio Negro Constitutions (40.5), as are the right to pension (Article 14 bis and 40.9) and to the protection of the family (Article 14 bis and 31).
About IGLHRC
The mission of the International Gay and Lesbian Human Rights Commission (IGLHRC) is to secure the full enjoyment of the human rights of all people and communities subject to discrimination or abuse on the basis of sexual orientation or expression, gender identity or expression, and/or HIV status. A US-based non-profit, non-governmental organization (NGO), IGLHRC effects this mission through advocacy, documentation, coalition building, public education, and technical assistance.
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