A/HRC/35/30/Add.3
limited access to support services. 37 Poorly maintained roads and lack of public
transportation hampered access to legal aid and courts.
32.
Indigenous women faced serious problems in accessing justice. 38 The Special
Rapporteur learned of the gang rape of a 12-year-old Wichí girl with severe developmental
delay, in November 2015 in the Province of Salta. The mother of the victim had filed a
report but they did not receive any legal assistance, nor were any Wichí language
interpreters made available during the proceedings. In another case, a Quechua-speaking
indigenous woman had been arrested for the murder of her husband and there were no
indigenous language interpreters available during the proceedings, in which she alleged that
she had acted in self-defence as her husband had beaten her until she was unconscious and
nearly killed her.
2.
Migrant women
33.
Reportedly, more than half of the 1,805,957 migrants living in Argentina are
women. 39 Migrant women were restricted to working in stereotypically female sectors
subject to exploitation and irregular labour conditions. Their post-secondary or university
qualifications were not recognized and self-employment was not a recognized ground for
obtaining a resident permit. Access to justice to claim employment rights was a difficult
process and many faced judicial officers who were prejudiced against the migrant
population.40 The lack of family ties for migrant women leads to isolation, which fosters
situations of violence. Relationships formed on the basis of unequal power and a social and
legal environment that does not adequately sanction gender-based violence further
aggravates the situation of migrant women. 41
3.
Transvestites and transgender women
34.
Law No. 26.743 (2012) on gender identity guarantees all persons the right to
recognition of their gender identity; to the free development of their person according to
their gender identity; to be identified according to their self-perceived gender identity in
documents proving their identity in terms of the first name(s), image and sex recorded. A
person can request to amend his or her sex and change his or her first name accordingly by
filing a simple form. For persons under 18 years of age, the request must be made through
his or her legal representative with his or her explicit agreement, or judicial authorization
must be obtained.42 The law guarantees access to health care, including hormonal treatment
and surgical procedures for total or partial genital reassignment, if the person has health
insurance coverage for these procedures. Law No. 26.618 (2010) on same-sex marriage
provides for same-sex couples to have the same marital rights as heterosexual couples,
including adoption and inheritance rights. 43
35.
Despite those positive legal developments, transvestites and transgender persons
continued to be subjected to violence based on discrimination against persons with
unconventional gender identities. Recently, there had been an increase in police persecution
of individuals based on racial profiling combined with transphobia. Figures from the Public
Defence Office of the City of Buenos Aires regarding District 134 showed that, in 2015, out
of a total of 805 criminal charges relating to the sex trade, 543 had been brought against
37
38
39
40
41
42
43
ANDHES and others, “Evaluation of compliance with the Convention on the Elimination of All
Forms of Discrimination against Women in Argentina” (October 2016).
Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia
and related intolerance, on his visit to Argentina (forthcoming).
ANDHES and others, “Evaluation of compliance with the Convention on the Elimination of All
Forms of Discrimination against Women in Argentina” (October 2016), among others.
Ibid.
Argentina, Office of the Ombudsman of the Province of Buenos Aires, Gender Violence Observatory,
Monitoreo de Políticas Públicas y Violencia de Género 2014/2015. Available at
https://www.defensorba.org.ar/publicaciones/informe-ovg-2014-2015/download/Informe-AnualOVG-2014-2015-Monitoreo-de-Politicas-Publicas-y-Violencia-de-Genero.pdf.
Argentina, Law No. 26.743 (2012) on gender identity.
Argentina, Law No. 26.618 and Decree No. 1054/10 on egalitarian marriage.
9
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