SUMMARY

Since 1998, activists have been working to get the Argentinean Parliament to discuss and pass a Right to Pension Bill that will extend pension benefits to same-sex partners. The Pension and Social Security Commission is currently discussing the Bill. A favorable decision by the Commission is required for the Bill to be voted on by the Parliament.

ACTION

Activists from Buenos Aires request emails to be sent to members of the Commission demanding that they vote affirmatively on the Bill.

You will find below the letter originally written by local activists in Spanish and an English translation by IGLHRC. We suggest you send the Spanish version.

Please send your letters TODAY to

aneri@diputados.gov.ar,
ozuniga@diputados.gov.ar,
cpyssocial@hcdn.gov.ar

And please send copies to:

avillalba@diputados.gov.ar
unioncivil@hotmail.com

BACKGROUND

A proposal to amend Article 53 in Law 24.241 that regulates the "Sistema Integrado de Jubilaciones y Pensiones" (the administration of government-funded pensions) was introduced to the Argentina National Parliament in September 28, 1998, by representative Alfredo Villalba. The proposed amendment would have made eligible for a pension any person who could prove five years of cohabitation with another, prior to the latter's death. The amendment would have applied regardless of the gender of the cohabitating persons.

As the proposal was never discussed, it had to be reintroduced on April 14, 2000. It was still impossioble to get the MPs to discuss it.

The proposal was introduced for a third time on February 28, 2002 as "Proj 438 D 02" by MPs Alfredo Villalba, Alicia Castro, Alfredo Bravo, Marcela Bordenave and Margarita Stolbizer. The "Comisión de Previsión y Seguridad Social" (Social Security and Pensions Commission) is currently discussing it.

In 2001, activists organized a Forum to Defend Sexual Diversity in the Parliament. As an outcome of the Forum, the Proposal was included in the Social Security and Pensions Commission's agenda.

The Commission wanted to know how many same-sex couples were there in Argentina. As a national census was scheduled to take place later that year, MP Alfredo Villalba submitted a proposal to include a question that will allow same-sex couples to identify themselves in the Census. The proposal was passed in November 2001.

In 2002, activists organized the 2nd Forum on Sexual Diversity, Law and Human Rights, again at the Parliament. The Commission on Social Security and Pensions starting to discuss both the Proposal 438 D 02 and the Homosexual Pension Bill, by MP Elisa Carrió. GLTTB activists and experts on Civil Law were invited to testify before the Commission. MPs Villalba and Carrio agreed to unify their proposals. The joint proposal is waiting for the Commission's approval to move to the next stage: discussion at the plenary and vote.

For more background information, please see our August 16, 2001 forwarded action, titled "Support Amendment to the Pension Law" and also our July 3, 2002, forwarded action titled "Argentina. Right to Pension Without Discrimination".

INTERNATIONAL LAW

Right to non-discrimination and to equality before the law: Article 2 and 7 of the Universal Declaration of Human Rights; Article 2 of the International Covenant on Economic, Social and Cultural Rights; Article 2 and 26 of the International Covenant on Civil and Political Rights; Article 1 and 24 of the Interamerican Human Rights Convention as well as Article 16 of the Argentinean Constitution.

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 International Covenant on Civil and Political Rights (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.

Right to social security: Article 22 of the Universal Declaration of Human Rights, Article 9 of the International Covenant on Economic, Social and Cultural Rights.

Right to a standard of living adequate for the health and well being of oneself and of one's family: Article 25 of the Universal Declaration of Human Rights, Article 11/12 of the International Covenant on Economic, Social and Cultural Rights.

Right to the protection of the family: Article 16 of the UDHR, Article 10 of the ICESCR, Article 23 of the ICCPR, Article 17 of the IAHRC, as well as Article 14 of the Argentinean Constitution.

Argentina ratified the ICCPR and the ICESCR in 1986, and the IAHRC in 1984. The UDHR is considered part of customary international law, and binding on all member States of the United Nations.

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.

IGLHRC
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Email: iglhrc@iglhrc.org
http://www.iglhrc.org

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