A/HRC/35/30/Add.3
and intersex activists; and the absence of data on the number of complaints about such
crimes, investigations, prosecutions and convictions of perpetrators.
50.
Other United Nations treaty bodies also made recommendations on combating
violence and discrimination against women. 52
51.
Relevant recommendations from the universal periodic review 53 that had been
accepted by Argentina included addressing the issue of unduly protracted detentions and
promoting the use of alternative measures to pretrial detention, in particular for pregnant
women and young children; pursuing efforts to combat all forms of discrimination against
women; ensuring redress for victims of domestic violence, as well as the prosecution of
perpetrators.
V. State responsibility and measures to address violence against
women
A.
Legislative framework
52.
In addition to article 75 of the Constitution, which gives international treaties
precedence over national laws, article 37 provides for “actual equality of opportunities for
men and women to elective and political party positions” by “means of positive actions in
the regulation of political parties and in the electoral system”. Article 75 (23) gives
Congress the power to legislate and promote positive measures guaranteeing true equal
opportunities and treatment, the full benefit and exercise of the rights recognized by the
Constitution and by the international treaties on human rights that are in force, particularly
with regard to children, women, the elderly and disabled persons.
53.
Article 1 of Law No. 24.417 (1994) on protection against family violence defines
domestic violence as physical injury or psychological abuse by a member of the victim’s
family group. However, under that Law, domestic violence remains a misdemeanour that is
handled in civil, rather than criminal, courts. Only if the act involves a “crime against
sexual integrity” is it punishable under the Criminal Code 54 by up to 20 years’
imprisonment.55
54.
Law No. 26.485 (2009) on violence against women defines domestic violence as any
act by a member of the family group, regardless of where it occurs, that harms the dignity,
well-being, physical, psychological, sexual or economic integrity, freedom, including
reproductive freedom and the right to the full development of women. Family group means
the group originating in kinship by blood or by affinity, marriage, civil union, couple or
courtship, including ongoing and terminated relationships. The state of living together is
not a requirement (art. 6 (a)). The Law incorporates the concept of comprehensive
protection and makes reference to other forms of violence that women suffer outside the
family or domestic setting.
55.
The Law on violence against women coexisted with other civil and criminal laws
that were not fully aligned with it or that contained contradictory provisions. For example,
Law No. 26.485 proscribes mediation or negotiation in cases of gender-based violence (art.
9 (e)). However, article 6 of Law No. 13.433 on criminal mediation states that mediation
may be used in cases relating to events arising for reasons of family or coexistence. 56 In
addition, the national Law on violence against women was not universally implemented in
52
53
54
55
56
See CERD/C/ARG/CO/21-23; CCPR/C/ARG/CO/5; CRPD/C/ARG/CO/1; E/C.12/ARG/CO/3; and
CRC/C/ARG/CO/3-4.
See A/HRC/8/34.
Argentina, Criminal Code, Law No. 11.179 of 21 December 1984, last amended 19 December 2012.
OECD, “Social Institutions and Gender Index: Argentina”. Available at www.genderindex.org/
sites/default/files/datasheets/AR.pdf.
Argentina, Office of the Ombudsman of the Province of Buenos Aires, Gender Violence Observatory,
Monitoreo de Políticas Públicas y Violencia de Género 2014/2015.
13
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