A/HRC/35/30/Add.3
Court of Justice, following the issuance of an opinion by the Attorney General’s Office,58
had ruled that facts relating to gender-based violence between the same parties must be
reviewed by a single court; however, that ruling was yet to be implemented. The President
of the Supreme Court of Justice of the Province of Buenos Aires59 issued a resolution that
cases brought by the same party should be joined, but it had been interpreted in different
ways with the result that cases brought by women victims were still being brought before
different instances. 60 The dispersion of judicial proceedings hampered the follow-up of
cases and the analysis of the problem. In addition, although there were multidisciplinary
teams working to assist victims of domestic violence in many areas of the country, there
was a protection gap relating to the lack of long-term integration and protection services.
62.
Under the Code of Criminal Procedure,61 prosecution for sexual offences, including
rape is not conducted ex officio by the public authorities. That means that no criminal
action to prosecute and punish perpetrators of rape, even in the case of a child victim, can
be taken without a private action or complaint being filed by the victim. That type of
regulation sends the wrong message that rape and sexual violence are private matters and
not serious public concerns that require ex officio prosecution.
63.
Law No. 27.210 (2015) created and regulates the work of the body of lawyers for
victims of gender-based violence62 within the Ministry of Justice and Human Rights, which
provides free legal counselling. The implementation of the Law was in its initial stages and
stakeholders had already raised concerns about its funding. The Ministry of Justice and
Human Rights had also issued a regulation establishing Access to Justice Centres staffed
with multidisciplinary teams of lawyers, psychologists and social workers, and which were
intended to provide assistance to the most vulnerable communities to resolve issues relating
to housing, work, social pensions and violence against women. 63
64.
The Public Prosecution Office of the City of Buenos Aires had established a system
to provide assistance for accessing justice to victims, of whom 70 per cent were victims of
domestic violence and 87 per cent were women. It included five specialized prosecution
units entrusted with investigating domestic violence; interdisciplinary units entrusted with
providing assistance to victims; registration of cases of domestic violence within its
jurisdiction; mechanisms for strategic and operational coordination with key actors; interjurisdictional cooperation and coordination mechanisms with national and provincial
judiciaries. At time of the Special Rapporteur’s visit, however, the jurisdiction of the
Buenos Aires office had been limited to less serious instances of domestic violence. The
Public Defence Office of the City of Buenos Aires provided free legal assistance to women
seeking access to social housing in order to leave violent relationships.
65.
The Special Rapporteur received reports that legal aid was provided to victims by
different governmental and non-governmental bodies and organizations, but that the needs
were much greater than the capacity of the available services. That was particularly
alarming, considering that one third of the country’s population lived below the poverty
line and women in impoverished communities were not only the most likely victims of
violence, but also the least likely to afford legal assistance.
58
59
60
61
62
63
Argentina, Supreme Court of Justice, G., C. L. s/ Lesiones Agravadas, CCC 667/2015/1/CS1.
Available at www.mpf.gob.ar/dictamenes/2015/AGilsCarbo/septiembre/
G_C_L_CCC_6667_2015.pdf.
Argentina, Supreme Court of Justice of the Province of Buenos Aires, resolution No. 346/14.
Argentina, Office of the Ombudsman of the Province of Buenos Aires, Gender Violence Observatory,
Monitoreo de Políticas Públicas y Violencia de Género 2014/2015.
Argentina, Code of Criminal Procedure, Law No. 23.984 of 21 August 21 1991, last amended 19
December 2012. Available at www.wipo.int/wipolex/en/text.jsp?file_id=294237.
Argentina, Law No. 27.210 (2015).
See www.jus.gob.ar/accesoalajusticia.aspx.
15
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