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By Lucas Gutiérrez

Illustration: Florencia Capella

, a reform to the Provincial Code of Misdemeanors , which criminalizes the transmission of HIV and STIs, will be voted on this Wednesday, September 12. The reform to the current code also punishes situations such as social protest and alleged offenses against public officials, among other things, with hefty fines, days of arrest, and community service

Following the vote, various organizations will gather tomorrow in front of the Mendoza legislature to condemn the new text.

“Article 126 of the proposed new code not only criminalizes the transmission of STIs/HIV but also states that action will be taken based on Article 9 of National Law 12,331, which mandates the forced hospitalization of anyone who transmits the virus for diagnosis and appropriate treatment,” explains Rebeca Rodríguez, president of VIHvo (HIV Positive) Mendoza, in an interview with Presentes. She also reported that she will submit a petition to the legislature today requesting that this article be repealed.

“ It would be an unacceptable setback in human rights, a violation of national laws and international treaties to which the province adheres, contrary to the recommendations of organizations such as UNAIDS and WHO (World Health Organization) , and would only cause greater stigma and discrimination towards people living with HIV,” states a statement of condemnation signed by this organization along with others such as the RAP+30 Positive Adults Network, the ICW Argentina positive women network and more.

María Laura Chazarreta, president of the civil association Mujeres Cotidianas (Everyday Women) and a member of ICW Argentina, today submitted a letter to the president of the Committee on Rights and Guarantees, Representative Carlos Sosa, and another to the president of the Committee on Legislation and Constitutional Affairs, Representative Jorge Albarracín. The letter argues for the urgent elimination of Article 126, citing the National AIDS Law (23.798), which prohibits mandatory HIV testing, and the 2012 Oslo Declaration, which states that any mandatory serological testing is a violation of medical ethics and human rights. It also cites the National Patient Law (26529), which guarantees the right to autonomy. Chazarreta told Presentes that “the code is condemned by most political and social groups within the popular movement. We emphasize Article 126 because it clearly discriminates against people living with HIV.”

“They are violating my rights as a patient”

Sergio Ramírez lives in Mendoza and is the national coordinator of the Argentine Network of Positive Youth and Adolescents (RAJAP). He explains that the new code is written in terms of assumptions. Article 126 states "any person who transmits a venereal or contagious disease" and details the penalties, which range from fines to arrest. The determination of whether or not an offense has been committed then rests with the enforcement authority.

“To determine transmission, they will have to violate my right as a patient to protect my information or force me to undergo testing. This is not only a violation of the confidentiality expressly stated in the current AIDS law, but also of patient rights laws, autonomy in health matters, and more,” says Sergio.

Lucas Ilardo, president of the Unidad Ciudadana bloc, told Presentes: “In a national context where the president is eliminating the Ministry of Health and the Comprehensive Sex Education (ESI) law isn't even being fully implemented, this situation arises, which is discrimination against people living with HIV. It's a very strong form of revictimization. It's striking that the bill has even reached this stage.”

Express Project

The reform project was presented at the end of May by the governor of Mendoza, Alfredo Cornejo (Radical Civic Union). During the presentation of the amendment to the province's Contravention Code, better known as the Code of Misdemeanors, the governor emphasized that "the presented project is in line with the state modernization plan and with our security plan."

Ilardo added that the bill was passed very quickly and received little debate in the relevant committees. “From the Unidad Ciudadana bloc, we made contributions to try to modify some aspects that were truly shameful, but they were not accepted,” he said regarding the text that received preliminary approval in the Senate in August.

The current Code of Misdemeanors in the province of Mendoza dates back to 1965. Among its articles are some, such as 54 and 55, that condemn 'homosexuality' and 'scandalous prostitution'. Ilardo explains that "this modification has become one that not only fails to replace the previous Code, but in many cases represents a significant setback in terms of rights and guarantees, especially in constitutional terms."

Julieta Antúnez Ríos, a trans activist from Diversidad Peronista and a leading figure in the league of LGBTIQ+ groups in Argentina, told Presentes: “Tomorrow I’m walking down the street and because of my clothing the police might assume I’m prostituting myself, I could be dangerous in their eyes and end up paying with days of arrest.”

Persecution of LGBTI people

Antúnez Ríos recounts: “Since 2010, we have been marching to eliminate the articles in the current code that discriminate against us and oppose laws such as the gender identity law and marriage equality.” All this in a province like Mendoza, which only in 2006 repealed Article 80, which punished with imprisonment anyone who “simulated another person’s sex.”

Article 46 of the reform penalizes anyone who offends a public official in a public or private place open to the public. Trans activist Julieta reflects on this: “I am 36 years old, and for 36 years the provincial government has been systematically attacking me. Should that government also have to pay with days of arrest or a fine? Why this difference between an official and a citizen? I believe respect must be maintained, but I have the freedom to express myself and my opinions freely.”

Within Title III of the reform, which addresses offenses against morality, good customs, solidarity, and education, Article 82 penalizes offenses against modesty or personal decorum. “This gives the police a great deal of interpretive power,” says Mario Vargas, a representative of the LGBTI organization CLIK Mendoza, regarding the criteria that can be applied when taking action.

Ban militant demonstrations and meetings

The new Mendoza code of conduct, in its article 55, also condemns public protest, the use of social media to organize gatherings, and “organizing demonstrations or public meetings that convene large numbers of people in enclosed spaces or outdoors, without notifying the competent authority.” In this context, which not only contradicts constitutional guarantees, it is also worth asking how marches, protests, and the identification of responsible officials will be possible again, and it is even difficult to imagine what a Pride March in 2018 would be like in a Mendoza like this.

Other controversial points of this reform: the misuse of the emergency call system; the figure of loitering as cause of arrest; refusal to give personal data to the security force, the care of cars without legal authorization, the false search that may cause expenses to the public system, with economic penalties from $4000 to $38000 and arrests of up to 40 days, depending on the case.

It is possible that the remaining preliminary approval needed for this new code of minor offenses, which activists consider akin to a penal code, will be granted tomorrow, Wednesday the 12th. Meanwhile, various civil society organizations, students, and others will gather that same Wednesday at 8:30 a.m. in front of the Mendoza Legislature to demand its rejection. In Buenos Aires, the Pride in Struggle Column is calling for a gathering at 3:00 p.m. in front of the Mendoza House to condemn the new code.