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