A/HRC/35/30/Add.3
resulting from rape or incest; pregnancies in which the life or health of the pregnant
woman is at risk; pregnancies in which there is severe foetal impairment;
(c)
Strict justification requirements be defined and applied to prevent the
blanket evocation of conscientious objection by medical practitioners refusing to
perform abortions;
(d)
The federal and provincial Ministries of Health collect and disseminate
information regarding public health facilities that provide access to safe legal
abortions and post-abortion services.
Legislative and other measures
86.
The Special Rapporteur recommends that the Government:
(a)
Harmonize the definition of rape with international standards and
increase the age of sexual consent;
(b)
Amend procedural legislation to ensure that the statute of limitation for
initiating legal proceedings in relation to gender-based violence offences, including
rape, covers a period of time that is sufficient and commensurate with the gravity of
the offence and allows for the initiation of proceedings after the victim has reached the
age of majority;
(c)
In cases of femicide, adopt additional measures in relation to
perpetrators, such as withdrawal of their parental rights;
(d)
Take legislative or other measures necessary to ensure that
investigations and judicial proceedings in relation to all forms of gender-based
violence are carried out without undue delay, taking into consideration the rights of
the victim during all stages of the proceedings;
(e)
Make available information on legal remedies to women victims of
gender-based violence, including in indigenous languages and in formats accessible by
women with disabilities;
(f)
Ensure that the body of lawyers for victims of gender-based violence and
the specialized units of the Access to Justice Agencies 69 of the Public Prosecution
Office provide free legal aid services to all women who do not have sufficient means,
including interpretation for indigenous women and deaf women;
(g)
Amend all laws that provide for mandatory participation of both parties
in dispute resolution processes, including mediation, to exclude such processes in cases
of violence against women and ensure that judges are trained to identify such cases.
87.
The Special Rapporteur recommends that the Government ensure that, in all
places of detention, accused women are segregated from convicted women and are
subject to separate treatment appropriate to their status as non-convicted persons;
limit the use of pretrial detention, in particular of pregnant women and women with
young children, including by expanding recourse to precautionary measures;
accelerate the implementation of Law No. 26.472 on custodial sentences; provide
alternatives to detention for girls under the age of 18, pregnant women and mothers
with young children, taking into account the best interest of the child.
Investigation, prosecution, support services and protective measures
88.
The Special Rapporteur recommends that the Government:
(a)
Put in place guidelines for prompt and efficient investigation of genderbased violence, integrating risk assessment and risk management by duly trained
personnel under specific protocols and with adequate technical resources;
(b)
Expand and further improve the 24/7 national helpline (144) for victims
of violence; provide it with adequate staff and funding to enable it to cover all
69
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Agencias Territoriales de Acceso a la Justicia.
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