A/HRC/35/30/Add.3
about the lack of systematic and institutionalized coordination between the federal and
provincial governments, in particular with regard to the work of the Council and the
provincial and municipal offices in areas relating specifically to women across the country.
71.
The Ministry of Justice and Human Rights assists the President of the Republic and
the Chief of Cabinet in their functions and relations with the judiciary, the National
Ombudsman and the Council of Magistrates, and in updating national legislation. The
Ministry provides legal advice and coordinates government activities relating to human
rights. In 2011, the Ministry created the National Coordinating Commission for Actions for
the Elaboration of Sanctions against Gender Violence with the objective of implementing,
in conjunction with other national mechanisms, the provinces, municipalities and social
organizations, action relating to the development of sanctions against gender violence. The
Commission also develops assessment programmes necessary for the implementation of
Law No. 26.485.67
72.
The national human rights institution in Argentina is the Office of the National
Public Defender (Ombudsman), an independent institution with full functional autonomy,
which has been accredited with “A” status by the Global Alliance of National Human
Rights Institutions.68 However, Argentina has not had an Ombudsman since 2009.
73.
In accordance with Law No. 27.149 (2015), the National Public Defence Office is an
institution for the defence and protection of human rights, which guarantees access to
justice and comprehensive legal assistance in individual and collective cases in accordance
with the principles, functions and provisions established in the Law. It promotes all
measures for protecting and defending the fundamental rights of individuals, especially
those who are vulnerable situations.
74.
The Domestic Violence Office was created in 2006 by the Supreme Court of Justice
with the aim of facilitating access to justice for people who have been affected by domestic
violence and are in especially vulnerable situations. Several other institutions, notably the
Ministries of Justice, Health, Education and Security, and the Public Prosecution Office of
the Nation had responsibilities relating to combating violence against women at both the
federal and the provincial levels in Argentina.
VI. Conclusions and recommendations
75.
The Special Rapporteur acknowledges the current political will of the
Government and all stakeholders, especially non-governmental organizations, to
improve legislation and policies on preventing violence, provide services to victims in
a holistic and coordinated manner and prosecute perpetrators. However, despite the
adoption of progressive laws and policies to address gender-based violence and the
constitutional provision regarding the predominance and direct applicability of the
Convention on the Elimination of All Forms of Discrimination against Women and the
Convention of Belém do Pará, gender-based violence, including femicide, continues to
violate women’s human rights owing to a systemic and overarching shortcoming —
the lack of systematic and uniform incorporation and implementation of
international, regional and national standards and policies in the 2017-2019 National
Action Plan on women’s rights and violence against women.
76.
The Special Rapporteur points out that violence against women is rooted in
inequalities and discrimination against women. Her visit to Argentina was conducted
at almost the same time as the examination of the seventh periodic report of Argentina
by the Committee on the Elimination of Discrimination against Women, which
provided an excellent opportunity for the Government and other stakeholders to
situate prevention and elimination of violence against women into the broader context
of elimination of different forms of discrimination against women, as recommended
by the Committee. The Special Rapporteur’s recommendations are focused on causes
67
68
See www.jus.gob.ar/areas-tematicas/violencia-de-genero.aspx.
See www.ohchr.org/Documents/Countries/NHRI/Chart_Status_NIs.pdf.
17
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