A/HRC/35/30/Add.3
41.
Although the Special Rapporteur only had data on the number of women in federal
penitentiaries (7.03 per cent of the total inmate population, according to the Federal
Penitentiary Service), she received reports that the overall number of women in detention
had been increasing in the past few years.48 Reportedly more than 50 per cent of the women
deprived of their liberty were imprisoned for breach of Law No. 23.737, which governs
drug trafficking, and the investigations appeared to focus on prosecuting women who were
being used as “mules” to transport different illegal substances. The implementation of Law
No. 23.737 at the provincial level had led to an overrepresentation of women imprisoned
for that offence in the correctional services, in particular in Buenos Aires, Córdoba and
Salta Provinces.
42.
Many of the imprisoned women were mothers and heads of households. Although
Law No. 26.472 (2009) on custodial sentences provides for the possibility of women with
children to serve their sentences under house arrest, that option was underutilized. 49 The
Special Rapporteur received reports that, in the Province of Buenos Aires in particular,
there had been repeated cases of degrading and violent body searches of women and forced
nudity in prison, and that complaints against such ill-treatment had resulted in reprisals.
5.
Women with disabilities
43.
The Special Rapporteur received reports that women with psychosocial disabilities
faced significant obstacles to accessing justice, such as the widespread practice of indefinite
institutionalization in public or private mental institutions that sealed off relations with
other people and limited access to complaints mechanisms; the prevalent practice of
restricting the exercise of legal capacity, making it impossible to bring actions or participate
in legal proceedings on their own behalf; and the prejudices of public officials who tended
to doubt the credibility of their testimonies. Although Argentina had ratified the Convention
on the Rights of Persons with Disabilities, in 2008, and adopted Law No. 26.657 on mental
health, in 2010, those had not been fully implemented.
44.
The Special Rapporteur received reports that services for victims of domestic
violence were often not accessible to women with physical disabilities, shelters were not
equipped to receive women in wheelchairs, and the 144 helpline could not be used by deaf
women.
IV. Incorporation and implementation of international and
regional frameworks on violence against women
A.
International framework on violence against women and human rights
45.
Article 75 (22) of the Constitution gives international treaties precedence over
national laws and allows for their direct application by the authorities and domestic courts.
Argentina has ratified the international women’s rights treaty, the Convention on the
Elimination of All Forms of Discrimination against Women and its Optional Protocol and
the other core United Nations treaties on human rights, namely, the International
Convention on the Elimination of All Forms of Racial Discrimination, the International
Covenant on Economic, Social and Cultural Rights and its Optional Protocol, the
International Covenant on Civil and Political Rights and its two Optional Protocols, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and its Optional Protocol, the Convention on the Rights of the Child and its
three Optional Protocols, the International Convention on the Protection of the Rights of
All Migrant Workers and Members of their Families, the Convention on the Rights of
Persons with Disabilities and its Optional Protocol and the International Convention for the
Protection of All Persons from Enforced Disappearance, as well as the multilateral
48
49
Ibid. In October 2016, there were at least 3,125 women deprived of liberty; in the past 15 years, the
number of women prisoners has increased by 32 per cent.
Ibid.
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