ARGENTINA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee against Torture
  - follow-up
  - Subcommittee on Prevention of Torture
• UN Committee on the Elimination of Discrimination against Women
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

(CCPR/C/ARG/4)

Last reported: 10 and 11 March 2010

Concluding Observations adopted: 23 March 2010

Concerns:

• Sexual abuse and child abduction: Although the Committee is pleased to note the progress made in processing the cases of those responsible for serious human rights violations during the military dictatorship, it is concerned by the slow pace at which the various phases of these trials, including that of cassation, are proceeding, particularly in certain provinces, such as Mendoza (article 2 of the Covenant).

  The State party should continue to make rigorous efforts to process these cases in order to guarantee that serious human rights violations, including those involving sexual abuse and the seizure of children, do not go unpunished (Para. 9)

• Police violence: The Committee is concerned by the information it has received concerning deaths, including deaths of minors in some cases, caused by police violence. The State party should take measures to ensure that incidents such as those described above do not occur and to ensure that those responsible for them are duly prosecuted and punished. (Para. 14)

• Detention of minors: The Committee reiterates its concern at the existence of legislation giving the police the power to detain persons (including minors) whom they have not apprehended in the act of committing an offence, and to do so without a warrant or subsequent judicial review, for the sole stated purpose of verifying their identity, in violation of, inter alia, the principle of the presumption of innocence (articles 9 and 14 of the Covenant). The State party should take measures to withdraw the power of the police to detain persons when their detention is not related to the commission of an offence and is in violation of the principles set out in article 9 of the Covenant. (Para. 15)

• Juvenile justice: The Committee wishes to express its concern over serious shortcomings in the operation of custodial institutions for children, including instances of collective punishment and strict confinement, and over the current juvenile criminal justice system, which, inter alia, makes excessive use of internment and does not guarantee adequate legal assistance to minors in conflict with the law (article 24 of the Covenant). The State party should take measures to establish a juvenile criminal justice systemthat is respectful of the rights protected by the Covenant and other relevant international instruments. The Committee believes that measures are needed to guarantee respect for such principles as the right of such minors to receive treatment that promotes their reintegration into society, the use of detention and imprisonment only as a last resort, the right of minors to be heard in criminal proceedings relating to them and the right to receive appropriate legal assistance. (Para. 23)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/ARG/CO/3
Last reported: 23 / 24 November
Concluding Observations issued: 14 December 2011

Issues raised:

Migrant children: The Committee is concerned that requirements to receive the universal allowance for children (Asignación Universal por Hijo), which is granted by law, in practice exclude certain groups such as migrants and their children from receiving this benefit. (Paragraph 20).~

The Committee calls upon the State party to consider adopting all the necessary measures to ensure the unrestricted coverage of the universal allowance for children, in particular those from marginalized and disadvantaged groups, such as children of migrant workers in an irregular situation and children of persons deprived of their liberty.

Reproductive health: The Committee reiterates its concern about the inadequate reproductive health-care services for girls and women in the State party, the shortcomings of which result in the high maternal mortality rate and the overall high rates of teenage pregnancies (E/C.12/1/Add.8, para. 24). It notes in particular significant provincial disparities. It also notes with concern that unsafe abortions remain a main cause of maternal mortality (arts. 10 and 12). (Paragraph 22).

The Committee urges the State party to ensure the implementation of the law on sexual and reproductive health in all provinces and guarantee affordable access for everyone, especially adolescents, to comprehensive sexual and reproductive health education and services, with a view to, inter alia, addressing the high maternal mortality rate. The Committee recommends that the State party carry out programmes to raise public awareness on sexual and reproductive health. It also recommends that the State party take the necessary measures to guarantee access to legal abortions to decrease avoidable maternal deaths and that it guarantee access to health facilities, supplies and services to diminish pre- and post-abortion risks.

Health: The Committee is concerned about the high level of tobacco consumption in the State party, especially among women and youth (art. 12, para. 1). (Paragraph 23).

The Committee recommends that the State party ratify and implement the WHO Framework Convention on Tobacco Control and develop effective public awareness and tax and pricing policies to reduce tobacco consumption, in particular targeting women and youth.

Education: The Committee is concerned that despite the efforts by the State party to ensure universal access to education there are still incidences of children remaining outside of the education system, illiteracy, course repetition and school dropout, especially among disadvantaged and marginalized indigenous communities. It also notes with regret that indigenous communities do not always enjoy the right to intercultural bilingual education (art. 13). (Paragraph 24).

The Committee recommends that the State party effectively implement existing legislation to guarantee the right to education and to address, in particular, the problems of children remaining outside the education system, illiteracy, course repetition and school dropout. The Committee urges the State party to continue its efforts to remove disparities between different societal groups and promote the educational advancement of those disadvantaged and marginalized groups and provinces. It also recommends that the State party undertake effective steps to guarantee the access to intercultural education of indigenous peoples and to ensure that it is adapted to their specific needs.

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UN Committee against Torture

(CAT/C/CR/33/1)

Last reported: 16 and 17 November 2004

Concerns raised:

Juvenile justice: The reports of arrests and detention of children below the age of criminal responsibility, most of them "street children" and beggars, in police stations, where they are held together with adults, as well as on the alleged torture and ill-treatment suffered by such children, leading to death in some cases (Para. 6 f).

Recommendations:

As promised by the delegation of the State party in the case of the province of Buenos Aires, guarantee that the holding of minors in police units will be immediately banned, that minors currently in police units will be transferred to special centres, and that a nationwide ban will be imposed on the detention of minors by police personnel on "welfare grounds" (Para. g).

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UN Committee against Torture: Follow up

(CAT/C/ARG/CO/4/Add.1)

2 February 2006

The Committee requested follow-up information on recommendation f – to take specific steps to safeguard the physical integrity of the members of all vulnerable groups.

The State party responded in February 2006 with the following mentions of children's rights:

In November 2004 the Human Rights Office began to prepare a database that was afterwards refined with the assistance of the United Nations Children's Fund (UNICEF).

An integrated picture of the situation at the national level and in each of the different provinces of Argentina has been produced, indicating the number of persons under 21 years of age held in jail, the number and type of institutions where they are held, and the reasons why they are confined (Para. 12)

As part of this survey, an event entitled "Days of Good Practice in Juvenile Criminal Justice" was held on 19 and 20 September 2005. Organized by the Human Rights Office and the National Council for Childhood, Adolescence and the Family, the event was sponsored by Argentina's Senate, the United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD), and the Special Rapporteur on the rights of persons in confinement of the Inter-American Commission on Human Rights (for programme, see annex 4).

The Days of Good Practice saw the presentation of the first data generated from the various provinces of Argentina, giving an estimate of 24,000 children and adolescents, confined for reasons of social insecurity in more than 80 per cent of cases (see final investigation report, annex 5). This cohort, children and adolescents of both sexes in custody, is the group whose rights are more widely and seriously affected than any other, both in numbers and in the degree of insecurity they suffer from (Para. 13).

In the context of this project involving research and subsequent action, visits were made to establishments where children were held in custody - police stations, centres, institutions and prisons - in the provinces of Tucumán, Río Negro, Jujuy, Mendoza, Salta, and the Autonomous City of Buenos Aires. In each of these cases, public inquiries were held and direct approaches were made to the executive, judiciary and legislature. Similarly, in each of the areas visited, publicity was given to the content and aims of the Optional Protocol to the Convention against Torture (Para. 14).

It should be noted that on 28 September 2005 the Argentine Parliament adopted the Act on the Comprehensive Protection of the Rights of the Child, promulgated on 26 October 2005.

This norm, applicable to all minors under 18 years of age, lays down a series of "measures for the comprehensive protection of rights" which must be applied by the competent administrative authorities "if there are threats or violations of rights or guarantees of one or more children or adolescents individually considered, with the aim of preserving or restoring them, or remedying their consequences" (art. 33). The same article lays down that "lack of material resources of the parents, family, legal representatives or guardians of the children and adolescents, whether circumstantial, temporary or permanent, shall not constitute grounds for separation from their nuclear or extended family, or from those with whom they retain emotional ties, or for placing them in institutions", ensuring that such measures of protection do not consist in loss of freedom (art. 36) (Para. 16).

Act No. 26,061 meant no longer allowing the Child Welfare Agency, that is judges, to decide what happens to children and adolescents, a state of affairs which had resulted in 18,000 children being confined in various kinds of State and private institutions because of their own poverty or that of their families. The change in approach (from the concept of minors in an irregular situation to that of comprehensive protection of their rights) is a process that is fully under way. The State's responsibility for tackling the problem of children and adolescents from the standpoint of protecting their rights instead of confinement implies a series of structural changes and changes in institutional practice. The enactment of this norm is merely a first step (Para. 17).

Regarding arbitrary detentions of children and adolescents, a Day of Youth, Punishment and Rights, jointly organized by Argentina's National Youth Directorate (DINAJU) of the Ministry of Social Development, the Office of Crime Policy and Prison Affairs, and the Human Rights Office, was held on 9 September 2005 (Para. 18).

Regarding care for imprisoned persons, the Under-Secretary's Office for Prison Affairs reports that "health checks on the prison population in establishments of the Federal Prison Service" are being implemented in full. The programme is aimed at undertaking a medical examination of all imprisoned persons, in particular those whose rights are most ignored: women, persons with psychiatric disorders, drug addicts, young adults and children confined with their mothers. At the same time, on 26 December 2005 a foetal monitoring team visited Prison Unit 31 of the Federal Prison Service to examine pregnant women held in jail there (25 out of a total of 232). The examinations were requested by Stella Maris Martinez, Deputy Ombudsman of Argentina, in response to a request from women imprisoned in that unit (Para. 21).

Recommendation (l)

Take appropriate steps to guarantee full respect for the dignity and human rights of all persons during body searches, in full compliance with international standards.

In addition to drawing up this draft decree, visits were made in the course of 2005 to different prison units and other facilities throughout the country where detainees were being held. The visits were made by teams from the Human Rights Office, with additional members from social and human rights groups on occasion. On these visits, the mechanism of the Optional Protocol was used, together with other associated instruments such as the Monitoring Manual for Sanctioning and Preventing Torture drafted by the Association for the Prevention of Torture (APT), so as to improve the use of visits as a system of control with a view to future implementation of the national mechanism. Mention may be made of inspections at prisons (Mendoza Penitentiary, Mendoza Women's Unit, known as El Borbollón, General Roca Remand Centre and Viedma No. 1 Penal Establishment, both in Río Negro province; Unit 11 in Neuquén; Penitentiary Unit No. 31 of the Penitentiary Service in Buenos Aires province; Villa Urquiza Prison in Tucumán province; the federal units in the provinces of Río Negro, Neuquén, Córdoba, and the Federal Capital and Buenos Aires province); various psychiatric centres, institutions, and homes where children and adolescents are held (Para. 33).

11 May 2007

The Committee sent a further follow-up letter with this reference to children's rights:

Juvenile justice: In paragraph 7(f), the Government was asked to "Take specific steps to safeguard the physical integrity of the members of all vulnerable groups." In the Committee's concluding observations, subjects of concern reference the following as vulnerable groups: juveniles below the age of criminal responsibility (paragraph 6f), in particular "street children" and beggars, and indigenous communities, sexual minorities and women (6g), among others. The information provided to the Committee in the Government comments primarily outlines measures taken with regard to juveniles and the measures youth organisations and officials identify as needed, such as education of police. The Committee would appreciate information on measures taken to safeguard the other vulnerable groups cited in the concluding observations, and any specific plans to protect them that are in progress, in addition to the information about health checks that took place. Are such health checks for vulnerable groups being continued and have they become a regular practice?

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Subcommittee on Prevention of Torture
 

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/ARG/CO/7

Report issued: 18 November 2016

Positive developments: The Committee welcomes the State party’s efforts to improve its institutional and policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, such as the adoption or establishment of the following: The National Early Childhood Programme adopted by Decree 574/2016, providing for the establishment of child care facilities, in 2016; The Department of Guidance, Support and Protection to Victims responsible for the protection of victims of trafficking and sexual exploitation, gender-based violence, as well as institutional or other forms of violence against children, in

2014. The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2015 (paras 5, 6).

Stereotypes and harmful practices: The Committee notes that the State party has adopted measures to combat discriminatory stereotypes against women, in particular providing capacity building which targets officials of government and the justice system. It also notes that the State party is through public awareness-raising campaigns and legislation concerning the media, preventing sexism and banning sex-trade advertisements. However, it remains concerned about the persistence of discriminatory stereotypes about the roles and responsibilities of women and men in the family and in society, the intersecting forms of discrimination as well as about the deep-rooted machismo culture in the State party, which underpin discrimination and gender-based violence against women, including sexual and domestic violence, femicides as well as sexual abuse at school and sexual harassment in the workplace (para 18).

The Committee recommends that the State party: Adopt a comprehensive strategy targeting women, men, girls and boys to overcome machismo culture and discriminatory stereotypes on the roles and responsibilities of women and men in the family and in society. (para 19).

Trafficking and exploitation of prostitution: The Committee notes with concern the many girls in prostitution as well as the lack of effective prevention policies and measures to investigate, prosecute and convict all perpetrators involved in prostitution of girls (para 22).

The Committee recommends that the State party establish a referral and identification mechanism, increase funding for shelters, and provide counselling, rehabilitation services, and psychosocial assistance for women and girls victims of trafficking and exploitation of prostitution; and combat girl’s entry into prostitution and their exploitation, including by addressing poverty, as one of its causes and investigate, prosecute and convict all perpetrators involved, including those on the demand side (para 23).

The Committee is further concerned about insufficient structural measures for promoting economic empowerment of women and girls that could prevent their engagement in prostitution as their main income-generating activity, as well as about the absence of exit programmes for such women who wish to leave prostitution. The Committee further recommends that women’s economic empowerment be enhanced by strengthening income-generating opportunities and provide exit programmes for women who wish to leave prostitution (paras 24, 25).

Education: The Committee notes with concern the high number of girls dropping out from school due to early pregnancy and the limited implementation of the Sex Education Programme by the provinces; Women’s and girls’ under-representation in traditionally male dominated fields of study, such as mathematics, engineering, and new information technologies; and the low enrolment and resulting high illiteracy rates among indigenous women and girls, due to competing household and caretaking obligations, recruitment as workers in hotels or as sexual workers, and priority being given to the schooling of boys. (para 28).

The Committee recommends that the State party ensure the implementation of Law 26.150 of 2006 that creates the National Comprehensive Sex Education Programme across all provinces and its incorporation in the regular school curriculum, as well as the training of teachers to deliver the programme in an age appropriate manner at all levels of education, aimed at promoting responsible sexual behaviour and preventing adolescent pregnancy and sexually transmitted diseases; promote women’s and girls’ choice of non-traditional fields of study and career paths, such as mathematics, engineering and new information technologies, and other technical-vocational areas, including by providing career counselling and guidance; and adopt and implement targeted measures, including temporary special measures in line with article 4, paragraph 1 of the Convention and General Recommendation No. 25 (2004) to accelerate equal access to all levels of education by indigenous girls and women, and enhance the school infrastructure in rural and remote areas to facilitate their access to education (para 29).

Child labour: The Committee is concerned about the following: Persistent exploitation of child labour in the State party, including in domestic work and in private sector business (pubs, restaurants), and the lack of information about strategies at the provincial and municipal levels to combat child labour. The Committee recommends that the State party create more opportunities for women, including migrant women to gain access to formal employment, in particular by promoting the equal sharing of domestic and family responsibilities between men and women, providing sufficient and adequate childcare facilities, and strengthening incentives for men to exercise their right to parental leave; and adopt a time-bound plan to implement ILO Recommendation No. 204 concerning the Transition from the Informal to the Formal Economy (2015), with a view to facilitating women’s access to the formal economy; Undertake a new survey on child labour, strictly enforce legislation on the minimum age of work in the State party, and conduct awareness raising campaigns to tackle child labour, in particular the domestic work of girls (paras 30, 31).

Health: The Committee is further concerned about the high consumption of tobacco among girls as compared fo boys. The Committee recommends that the State party ensure access to counselling and education on sexual and reproductive rights for adolescent girls and boys, conduct awareness-raising campaigns about modern contraceptive methods and increase access to safe and affordable contraceptives; Ratify the World Health Organisation Framework Convention on Tobacco Control, reduce the high tobacco consumption among adolescents, in particular girls, and address the health consequences (paras 34, 35).

Indigenous women: The Committee is particularly concerned about: The negative impact on the health of indigenous women and girls, who are engaged as agricultural workers, of the use of pesticides, fertilizers, and agro-chemicals. The Committee recommends that the State party review the current negligent handling of complaints about harmful pesticides, fertilizers and agro-chemicals use filed by indigenous women before the Ministry of Health, and ensure that such cases are solved in a timely and appropriate manner, in line with the Committee’s General recommendation No. 34 (2015) on the rights of rural women.

Women in detention: The Committee remains concerned about: the delays in the implementation of Law 26.472 (2009) on alternatives to detention for pregnant women and mothers with children below five years of age. The Committee recalls the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders and provide alternatives to detention for pregnant women and mothers with young children, taking into account the best interest of the child (paras 44, 45).

Equality in marriage and family relations: The Committee notes with concern the absence of gender-based criteria and legal advice to apply provisions under the New Civil and Commercial Code (article 440), allowing for marriage under 18 years based on authorization of judicial authorities, and the decisions on financial compensation for economically disadvantaged spouse, during proceedings aimed at divorce. The Committee recommends that the State party collect disaggregated statistical date on marriages of adolescents above 16 and below 18 years of age and define clear criteria to assess applications for judicial authorization of such marriages (paras 46, 47).

(CEDAW/C/ARG/CO/6)

Last reported: 13 July 2010
Concluding Observations adopted: 16 August 2010

Concerns raised:

• Asylum-seeking children: The Committee is concerned that, in spite of the enactment of the refugee law (Law No. 26,165), the establishment of the National Refugee Commission (CONARE) and the State party's participation in the regional programme of the Office of the United Nations High Commissioner for Refugees, the State party has not yet adopted all the necessary internal regulations to facilitate the effective implementation of the law and to fill some protection gaps, particularly those concerning asylum-seekers in vulnerable situations, including women, girls and unaccompanied children (Para. 45).

  The Committee urges the State party to facilitate the full and effective implementation of the refugee law (Law No. 26,165), particularly with regard to the protection of female asylum-seekers and refugees, as well as unaccompanied children, in particular through adopting all the necessary internal regulations. It also encourages the State party to continue to provide training to border migration and asylum officials to ensure that they adopt a gender-sensitive approach, effective implementation of a proper identification system and gender-sensitive measures in the refugee status determination procedure, including with regard to asylum applications based on gender violence. The Committee also urges the State party to complement Law No. 26,364 of April 2008 by ensuring adequate protection, in accordance with international law, to all women, independent of their age, as well as to individuals who have been trafficked and who fear being subjected to persecution upon return to their country of origin. In addition, measures should be adopted to ensure that women and girls who are refugees or asylumseekers do not fall victim to trafficking in human beings or migrant smuggling, to create a mechanism to promptly identify victims of trafficking and to ensure the referral of those who might have protection needs to the asylum procedure (Para. 46).

• Education: While welcoming information pointing to the fact that progress has been made in the field of education, including through the achievement of Millennium Development Goal 2 and the drawing up and implementation of legislation on education, including National Law 26,058 (2005) on Technical and Vocational Education; National Law 26,150 (2006) creating the National Programme for Comprehensive Sex Education, which is mandatory throughout the country at all levels of education from the age of 5; and National Law 26,206, which makes explicit provisions for the incorporation of a gender perspective in education, and while noting with appreciation that the Government has identified the training of teachers and the review of textbooks as a priority, the Committee expresses its concern that gender stereotypes and the influence of the media may have an impact on women opting for traditional social occupations and on their limited comparative advantage in the labour market despite their remaining longer than men in the educational system and obtaining higher qualifications. The Committee urges the State party to ensure widespread dissemination of information relating to women's educational opportunities, including in respect of vocational education, with a view to further expanding women's professional choices, including access to higher-paying jobs. The Committee further recommends that gender training be mandatory for teachers at all levels of the educational system throughout the country, in all provinces and municipalities, with a view to eradicating gender stereotypes from both official and unofficial curricula. Specific strategies should be put in place to counter the prevalent patriarchal culture. (Paras. 33, 34)

• Health: While appreciating the establishment of the national Programme for Sexual Health and Responsible Parenthood and, within its framework, the publication of the "Technical guide for the integral attention of non-punishable abortion cases" aimed at clarifying aspects of article 86 of the Criminal Code, the Committee notes that access to sexual and reproductive health-care services remains a significant problem for Argentinean women. The Committee further expresses its concern about the high pregnancy rate among adolescent girls and about high maternal mortality, one third of which is caused by illegal abortion. The Committee urges the State party to ensure women's and teenage girls' access to health services, including sexual and reproductive health services, and to see to it that education on sexual and reproductive health is undertaken in all schools at all levels, as relevant. It also urges the State party to adopt all the necessary measures to further reduce the high maternal mortality rate. The Committee further urges the State party to review existing legislation that criminalises abortion, with serious consequences for the health and lives of women. The State party should ensure that the "Technical guide for the integral attention of non-punishable abortion cases" is applicable in the whole country in a uniform manner so that there is equal and effective access to health services to interrupt pregnancies.) (Paras. 37. 38)

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UN Committee on the Elimination of Racial Discrimination
 

CERD/C/ARG/CO/21-23

Adopted by Commmittee: 2-5 December 2016

Published: 11 January 2017

Issues Raised:

Ratification and National Policy:

The Committee welcomes the adoption of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 14 April 2015 (para.3).

Structural Discrimination:

The Committee is particularly concerned about cases of malnutrition in children from indigenous communities (para.6).

The Committee recommends that the State party strengthen its efforts to address the situation of child malnutrition that is especially prevalent among indigenous populations (para. 7).

Access to Education:

The Committee regrets the lack of disaggregated statistical data on the level of literacy and access to primary, secondary and university education of members of indigenous peoples. The Committee takes note of the efforts made to implement the right to intercultural bilingual education but regrets the lack of progress resulting from, among other causes, the low number of teachers from indigenous communities and the difficulties they face in gaining access to training courses (art. 5) (para. 27).

The Committee recommends that the State party step up its efforts to ensure the availability, accessibility and quality of education at all levels for indigenous children, including in their mother tongue. It further recommends that the State party continue its efforts to increase the number of teachers from indigenous communities, including by facilitating their access to training courses (para. 28).

 

(CERD/C/ARG/CO/19-20)

Last reported: 17 and 18 February 2010
Concluding Observations adopted: 4 March 2010

Education: The Committee welcomes the efforts made by the State party to introduce intercultural bilingual education. It is nevertheless concerned at the risk that minority cultures may be marginalised as a result, which would place indigenous peoples and/or Afro-descendants at a disadvantage. The Committee recommends that the State party continue its efforts in respect of intercultural bilingual education and ensure that in the learning process, all cultures and languages find their appropriate place in order to build a truly multicultural State. (Para. 19)

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UN Committee on Migrant Workers

(CMW/C/ARG/CO/1)

Last reported: 12-23 September 2011
Concluding Observations adopted: 28 September 2011

Discrimination. The Committee takes notes of the information provided by the State party concerning the investigation, by INADI, of complaints about discrimination against migrants. In this connection, it is concerned at reports about discriminatory attitudes towards migrants from African and neighbouring countries, particularly Senegal, the Plurinational State of Bolivia and Paraguay, media coverage associating migrants with criminal acts and abuse of social benefits, xenophobic statements by politicians, and discrimination against migrant children at school (paragraph 17).

Education. While noting that articles 7 and 8 of the Migration Law guarantee the right of free access to all levels of education and to health services for migrant workers and members of their families, irrespective of their status, and require school and health authorities to provide guidance and counselling to migrants on the procedures for regularising their situation, the Committee is concerned that, in practice, migrant children are often denied school enrolment, and migrants are denied access to health facilities, if they lack a national identity document (DNI).

The Committee recommends that the State party continue and scale up its training for school and health administration officials on the rights of migrant workers and members of their families, including those in an irregular situation, in relation to education and health under the Convention and the Migration Law, on possible ways to establish the identity of migrants through documents other than the DNI, and on the procedures for regularising their situation (paragraphs 27 and 28).

Allowances for children. While welcoming the introduction of a universal allowance for children from poor families through Decree No. 1602/2009, the Committee notes with concern that for migrant families to be eligible, both the parents and the child must have legally resided in the State party for at least three years, unless the child is an Argentine national, in which case the residence requirement still applies to the parents, who must prove the legality of their residence by presenting their DNI for foreigners (paragraph 29).

Trafficking. The Committee notes with concern that the State party is a country of destination for migrants, in particular women and children, trafficked for sexual and labour exploitation. While noting the State party’s efforts to combat trafficking in persons and provide assistance to victims, including legal, medical, psychological and social assistance and shelter, through the Office for the Rescue and Assistance of Victims of Trafficking and, once victims have testified in judicial proceedings, through the National Secretariat for Children, Adolescents and the Family within the Ministry of Social Development (paragraph 31).

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UN Committee on the Rights of Persons with Disabilities

(CRPD/C/ARG/1)

Last reported: 19 / 20 September 2012
Concluding Observations issued: 8 October 2012

Issues raised:

Non-discrimination: The Committee is concerned at the absence of a coherent, overall strategy for the implementation of the human rights model established in the Convention that provides for affirmative action measures to achieve de facto and de jure equality for persons with disabilities and for giving full effect, at all levels, to the principles and requirements set out in the Convention. (Paragraph 7)

The Committee urges the State party to pursue a broad and comprehensive strategy to realize all the rights set out in the Convention, taking due account of the human rights model of disability. The Committee also recommends that the State party take effective steps to ensure that persons with disabilities — including children and women with disabilities — are actively involved in planning, implementing, monitoring and evaluating this strategy. (Paragraph 8)

Gender: The Committee takes note with concern of the unconvincing measures taken by the State party to address the specific needs of women and girls with disabilities, and it regrets the lack of proper protection for their rights (see CEDAW/C/ARG/CO/6, paras. 43 and 44). It is particularly concerned that there is no strategy for mainstreaming gender and disability issues into legislation and programmes focusing on women, including those that deal with violence, access to justice, sexual and reproductive rights, and access to the labour market. (Paragraph 13)

 The Committee urges the State party to adopt a strategy for guaranteeing full protection and enjoyment of the rights of women and girls with disabilities, while also ensuring their effective participation in decision-making processes. In addition, the Committee recommends that the State party incorporate a disability perspective into all gender-equality policies and programmes, thereby guaranteeing the full and effective participation of women with disabilities on the same footing as other women. (Paragraph 14)

Child focus: The Committee notes with concern that Act No. 26.061 on the comprehensive protection of the rights of children and adolescents contains no provisions specifically on children with disabilities. It is also concerned at the lack of information on the situation of children with disabilities in the State party. (Paragraph 15).

The Committee recommends that the State party should, as a priority, incorporate a disability perspective into Act No. 26.061 and the system for the comprehensive protection of children’s and adolescents’ rights. The Committee urges the State party to invest the greatest possible amount of available resources in ending discrimination against children with disabilities and to ensure that they are covered by health insurance schemes and receive the services and benefits, such as pensions and housing, to which they are entitled. (Paragraph 16)

Violence: The Committee notes with concern that neither Act No. 26.485 on comprehensive protection and the prevention, punishment and elimination of violence against women nor Act No. 26.061 on the comprehensive protection of the rights of children and adolescents takes account of the specific situation of women with disabilities and children with disabilities, respectively. The Committee is also concerned about the lack of protection against violence and abuse for institutionalized persons with disabilities. (Paragraph 29).

The Committee urges the State party to guarantee protection for women with disabilities and children with disabilities in, respectively, the revised versions of Act No. 26.485 and Act. No. 26.061 and their implementing regulations. It also urges the State party to incorporate a disability perspective into policies and programmes developed on the basis of these acts. In addition, it recommends that the State party draw up appropriate guidelines for the prevention of violence against persons with disabilities who are institutionalized. The Committee also recommends that the State party collect data and information on violence and abuse against persons with disabilities, paying particular attention to women, children and persons who are institutionalized. To that end, the State party should, inter alia, establish institutional mechanisms for the early detection of situations in which violence may occur, diligently investigate allegations of violent acts and make any adjustments in procedures that may be needed so that victims can testify and those responsible can be prosecuted. (Paragraph 30)

Abortion: The Committee regrets that, in cases where a woman with disabilities is under guardianship, her legal representative may give consent for a legal abortion on her behalf. It is likewise concerned that persons with disabilities are being sterilized without their free and informed consent. (Paragraph 31).

The Committee recommends that the State party amend article 86 of its Criminal Code and article 3 of Contraceptive Surgery Act No. 26.130 so that they will be in accordance with the Convention and take steps to provide the necessary support to women under guardianship or trusteeship to ensure that the women themselves are the ones who give their informed consent for a legal abortion or for sterilization. (Paragraph 32)

Education: The Committee notes that the legal framework regulating education in the State party expressly recognizes the principle of inclusive education (Act No. 26.206, art. 11). However, it is concerned that the implementation of this principle is limited, in practice, by a failure to tailor programmes and curricula to the needs of pupils with disabilities and by the prevalence of all sorts of barriers that prevent persons with disabilities from accessing the educational system without discrimination and on an equal footing with other students. The Committee is deeply concerned about the high number of children with disabilities who attend special schools and about the lack of educational resource centres that support the effective inclusion of students with disabilities. (Para 37).

The Committee recommends that the State party develop a comprehensive State education policy that guarantees the right to inclusive education and allocates sufficient budgetary resources to ensure progress towards the establishment of an education system that includes students with disabilities. The Committee also urges the State party to intensify its efforts to ensure that all children with disabilities receive a full compulsory education as established by the State party, while devoting particular attention to indigenous peoples and other rural communities. It likewise urges the State party to take the necessary steps to ensure that pupils with disabilities who attend special schools are enrolled in inclusive schools and to offer reasonable adjustments for students with disabilities within the general education system. (Paragraph 38)

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UN Committee on Enforced Disappearance

 

CED/C/ARG/CO/1

Adopted by the Committee: 4-5 November 2013

Published by Committee: 12 December 2013

Issues raised:

The Committee expresses its concern about new cases of enforced disappearance in recent times, particularly targeting young persons in situations of extreme poverty and social marginalization; the disappearances are characterized by police violence and arbitrary detention, and are being used to cover up crimes and escape punishment (para.14).

The Committee encourages the State party to adopt all the necessary measures and to intensify its efforts to root out these contemporary forms of enforced disappearance. In addition, the Committee recommends that the State party should promote institutional reform of the police forces so as to eradicate violence and ensure that police officers who commit such offences are duly investigated, prosecuted and punished (para. 15).

[Unofficial translation]

Concluding observations: Advanced Unedited Version

13 of November, 2013

The Committee welcomes the approval of the law establishing a national prevention mechanism, but regrets that this is still not totally operative. The Committee recalls the importance of independent mechanisms for monitoring detention centres. In addition, it recalls that these must have access to all places where people are deprived of their liberty within the national territory. The Committee notes with concern information received that the attorney specialising in prisoners' rights does not have access to detention centres for minors.

Measures of compensation and protection of children against enforced disappearances (article 24 and 25): The Committee notes with satisfaction various laws that provide reparation measures for victims of human rights violations during the military dictatorship. However, the Committee regrets that the provisions in the respective laws only cover victims of these events until 1983 and that there is no legislation providing for victims of enforced disappearances since this date. The Committee points out that reparation and truth finding around the circumstances of enforced disappearances are a permanent commitment of the State party (article 24). (Paragraph 34)

Dissemination and follow-up: The Committee would like to emphasise the singular cruelty with which enforced disappearances affect the human rights of women and children. Women who are subject to enforced disappearance are particularly vulnerable to sexual violence and other forms of gender violence. Women who are family members of a disappeared person are particularly likely to suffer serious adverse social and economic consequences, as well as violence, persecution and reprisals as a result of their efforts to track down their loved ones. In the case of children who are victims of enforced disappearances, either because they themselves are subject to an enforced disappeared or because they suffer the consequences of the disappearance of a family member, are particularly vulnerable to multiple violations of their human rights, including deprivation of their identity. In this context, the Committee emphasises in particular the need for the State party to integrate a gender perspective into their implementation of the rights and obligations set out in the Convention and make sure this is done in child sensitive manner. (Paragraph 41).