Article 149 Ter Federal Criminal Code

The sanction of one to three years of prison or of one hundred fifty to three hundred days of work in favor of the community and up to two hundred days fine shall be applied to the person who, for reasons of origin or ethnic or national belonging, race, skin color, language, gender, sex, sexual preference, age, civil status, national or social origin, social or economic condition, health condition, pregnancy, political opinions or of any other nature, attacks against human dignity or annuls or undermines the rights and freedoms of persons through the carrying out of any of the following conducts:

I.Denies a person a service or a benefit to which he has a right;

II.Denies or restricts labor rights, mainly by reason of gender or pregnancy; or limits a health service, mainly to women in relation to pregnancy; or

III.Denies or restricts educational rights.

To the public official who, for the reasons provided for in the first paragraph of this article, denies or delays to a person a procedure, service or benefit to which he has a right, the penalty provided for in the first paragraph of this article shall be increased by one half, and in addition the removal and disqualification for the performance of any public position, employment or commission shall be imposed on him, for the same period of the deprivation of liberty imposed.

All those measures tending to the protection of socially disadvantaged groups shall not be considered discriminatory.

When the conducts referred to in this article are committed by a person with whom the victim has a relationship of labor subordination, the penalty shall be increased by one half.

Likewise, the penalty shall be increased when the discriminatory acts limit the access to the legal guarantees indispensable for the protection of all human rights.

This crime shall be prosecuted by complaint.