Date: Fri, 06 Jun 1997 08:39:02 -1000 From: lambda@aloha.net (Martin Rice) Subject: gay couple's rights recognized >To: >From: Rafael Freda >Subject: gay couple's rights recognized > >>Date: Fri, 06 Jun 1997 08:27:46 >>To: >>From: Rafael Freda >>Subject: gay couple's rights recognized >> >>>Date: Wed, 04 Jun 1997 11:40:21 >>>To: >>>From: Rafael Freda >>>Subject: gay couple's rights recognized >>> >>>Buenos Aires, May 26, 1997 >>> >>> GAY RIGTHS ARE WORKER'S RIGHTS: >>> SOCIAL SECURITY AND PENSION RIGHTS >>> GRANTED TO SAME-SEX COUPLES IN ARGENTINA >>> >>> In less than a month, sexual minorities have taken three big steps forward: transexuals were given identity rights, and lesbian and gay couples were granted social security and pension rights, as an extension of worjer's rights. >>> The transexual who won in court is Mairela Muñoz. The police took away her three adopted children four years ago, and Family and Minority Courts decided not to let her see them any more, since she was considered "a mutilated man". Now she is legally a woman, but her children are separeted from her. She had previously addopted and raised fourteen other street children, before being blakcmailed by one of the biological mothers, denounced and finally "discovered" by the Police. She is since then a honor member of SIGLA, and works in the Province of Buenos Aires. She is starting an Association of Sexual Minorities in her zone, with SIGLA's help. >>> The first gay couple recognized by social security laws were Rafael Freda and Eduardo Vázquez, both leaders of the SIGLA (Society for the Integration of Gays and lesbians in Argentina). In Argentina, part of the social security systems are ruled by labor union elected officers. Rafael Freda is the only Argentine openly gay elected labor union leader. He became union delegate during the big teacher's strike of 1988. He was elected in 1995 to the Directive of ADEMYS, Asociación Docentes de Enseñanza Media y Superior. His life-long companion Eduardo Vazquez was fired four years ago because of his anti-AIDS activism. He was a salesman. Since 1993 he produces the first and only gay-lesbian radio talkshow in Argentina: TOTALLY NATURAL, conducted by Rafael and Andrea, both gay and lesbian leaders of SIGLA. >>> Since the couple can no longer afford pre-paid medical systems and Rafael is affiliated with OSPLAD, the teacher's social security system, in 1995 Rafael started registering Eduardo as his family mate in his job, as a high-school level teacher in Superior School for Teachers's Number 3. The National Law for Social Security Systems allows coverage for unmarried couples, stating no gender no sex. >>> After consulting with lawyers and labor union leaders, they went to Court in April 1997, following the stablished procedures for heterosexual unmmarried couples, and Judge Zuccarino issued, after a hearing in which two witnesses were called to testify, the same cohabitation certificate unmarried heterosexual couples are given. >>> The principal of Rafael school was willing to certify the facts, signed the petition to OSPLAD. OSPLAD autorithes conferred with authorities of the teacher's union confederacy (CTERA: Confederacion de Trabajadores de la Educación de la Republica Argentina), and agreed to the petition in the first week of May 1997. >>> The National Administration of Social Security, a dependence of the Executive Power, objected. SIGLA then filed a request with the Social Security Secretary, directly dependent of the Executive, in order to recognize pension rights to a man whose longtime companion had died of AIDS a few months ago. The Secretary accepted the request, stating that "widower's condition have no sex" and taking into account OSPLAD precedent in the fourth week of May, and thus the Administration veto was overruled. In less than two months, Vazquez conjugal status to Freda was acknowledged, and as a side effect pension rights were recognized. >>> SIGLA is instructing other gay and lesbian couples to present similar request on other security systems. The Air Workers Union has agreed to give security rights to its affiliates, and SIGLA is distributing an instruction leaflet for widovers. The more cases are presented, the firmer will be the recognition of the rights. SIGLA's lawyer is counseling free all widowers whose companions died of AIDS, and a half-promise of retroactive recognition of pension rights has been given to the petitioners, but no actual pension has been paid yet. >>> The Catholic Church was surprised. Most of the bishops remained silent, and only two of them went into the fray: Monsignor Raspe stated that the Church would never recongiZe that marriage, but that medical coverage and pension rights were a State privilege, and he understood it as an extension of non-discriminatory principles of Roman Law, but Monsignor Nolasco stated that the Estate recognition was an enormous mistake of deletereous consequences. The rest of the Church decided to remain silent in the nation-wide coverage of the news, since the general population seemed to be pleased with both decisions; social security and pension rights. >>> >>> Rafael Freda. >>> >>>PS: Please, forward this message to other media. Our E-mail is sigla@sudnet.com.ar >>> >> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "You can't put a cost . . . on something that is tantamount to civil rights." --Governor Ben Cayetano ~~~~~ Fred and Martin 24 years, yet strangers before the law ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~