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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents