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Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order. Trafficking of children and the fact that some forms of trafficking are not explicitly prohibited Discrimination against migrant children in access to allowances Lack of legislation on inter-country adoption ___________________________________________ The lack of a national ombudsperson for children UN Committee on the Rights of the Child (Concluding Observations, June 2010) The Committee notes that monitoring of children's rights is included in the mandate of the National Ombudsman for the People (Defensoría del Pueblo de la Nación Argentina). The Committee welcomes the introduction, by Law No. 26.061 (2005), of an Ombudsperson for Boys, Girls and Adolescents, however shares the State party's concern on the delays in the appointment of the mandate holder by Parliament. The Committee recommends that the State party take all necessary measures to expedite the appointment by parliament of the Ombudsperson for Boys, Girls and Adolescents, in order to monitor the implementation of the Convention on the Rights of the Child and its Optional Protocols. The Committee recommends that the Ombudsperson be able to receive and investigate complaints from, or on behalf of, children on violations of their rights and should be provided with the necessary human, technical and financial resources. (Paragraphs 19 & 20) Universal Periodic Review (April 2008) - 11. To designate the Ombudsperson for children. (Mexico) ----------------------------------------------------------------- Sentencing of children to life imprisonment UN Committee on the Rights of the Child (Concluding Observations, June 2010) [...] the Committee, while noting the 2005 Supreme Court decision annulling a life sentence of an adolescent, is deeply concerned that, of the 12 life sentences of children passed since 1997 to 2002, three still face life imprisonment and that their cases have been brought to the attention of the Inter-American Commission of Human Rights. [...]While welcoming the fact that no more life sentences have been passed since 2002, the Committee urges the State party to refrain from sentencing children to life imprisonment or sentences that may amount to life imprisonment. (Paragraphs 37 & 38) Universal Periodic Review (April 2008) to prohibit the sentencing to life imprisonment for persons under 18 years of age in conformity with article 37 (a) of the Convention on the Rights of the Child. (Slovenia) – accepted by Argentina Inter-American Commisssion and Court of Human Rights The Inter-American Commission on Human Rights (IACHR) filed an application with the Inter-American Court of Human Rights in Case 12.651, César Alberto Mendoza et al. (Juveniles Sentenced to Life Imprisonment), with respect to Argentina. Read more: http://www.crin.org/resources/infoDetail.asp?ID=25334&flag=news ----------------------------------------------------------------- Detention of children, particularly street children, with adults in police stations UN Committee on the Rights of the Child (Concluding Observations, June 2010) The Committee is further concerned that one third of the places of deprivation of liberty for children are not specialised and that children are at times detained with adults. It further expresses concern at the insufficient implementation of alternatives to deprivation of liberty at the provincial level. Take all necessary measures to ensure that when detention is carried out, it is done in compliance with the law and respects the rights of the child as set out under the Convention, and that children are held separately from adults in both pre-trial detention and after being sentenced (Paragraphs 77 & 78) UN Committee against Torture (Concluding Observations, November 2004) 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). UN Working Group on arbitrary detention Country visit: 22 September - 2 October 2003 The Working Group notes that street children and children who beg were detained in police stations and are not placed in specific institutions for juveniles (Paragraph 55). ----------------------------------------------------------------- Ill-treatment of children by police UN Committee on the Rights of the Child (Concluding Observations, June 2010) While appreciating the policy of zero tolerance of torture as part of the democratic recovery process in the country highlighted by the official delegation during the dialogue, the Committee shares the State party's concern on the absence of reliable data, at national level, on allegations of inhuman and degrading treatment. It further expresses great concern at the high number of allegations in the Province of Buenos Aires (120 registered between 2007 and 2009) committed by police and other law enforcement officers, involving particularly juvenile offenders and street children. The Committee is also concerned at a case of enforced disappearance of a child (L.A.) in the province of Buenos Aires during police detention in January 2009 and that the investigation into the allegations was not launched promptly. Moreover, the Committee is concerned at the absence of any information on prompt investigations into these allegations, their results, including sentencing of those responsible and putting an end to the practice. The Committee urges the State party to take concrete measures to implement its zero tolerance policy on torture. It further urges the State party to promptly establish at national and provincial levels a mechanism for the registration and follow-up of allegations on a national register for allegations of inhuman and degrading treatment. It further urges the State party to launch prompt, thorough and independent investigations into such allegations, to bring those responsible to justice and provide reparations to the victims and to take all necessary measures to prevent such acts, including making public the investigation, disciplinary measures taken and sentences issued against the authors of the crimes as well as dissemination of the Convention. It should further study the causes of such grave violations, especially in the province of Buenos Aires, and take urgent measures of prevention, including comprehensive training of police and law enforcement officials on child rights. The Committee urges the State party to complete a thorough and impartial investigation into the allegations of enforced disappearance of the child L.A., in accordance with the Convention on the Rights of All Persons from Enforced Disappearance. (Paragraphs 41 & 42) UN Human Rights Committee (Concluding Observations, March 2010) 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. (Paragraph 14) Two complaints concerning police violence have also been brought before international mechanisms. In the first, Bulacio vs. Argentina, the Inter-American Court found in 2003 that Argentina had violated the American Convention on Human Rights in connection with the illegal detention, beating and killing of 17-year-old Walter Bulacio after a mass detention following a rock concert. The second communication (L.N.B v Argentina) , brought before the Human Rights Committee, concerned the treatment of a minor during the rape investigation and trial (2007). ----------------------------------------------------------------- UN Committee on the Rights of the Child (Concluding Observations, June 2010) The Committee furthermore is concerned at the fact that the majority of juvenile offenders are deprived of their liberty pending trial. It furthermore is concerned that some juvenile offenders are held in detention for longer than one year. It is also concerned at the frequent use of disciplinary measures in detention, including isolation ("engome"), as well as the absence of sufficient educational, recreational and learning activities and insufficient access to fresh air. The Committee is particularly concerned at the number of reported suicides in detention, as well as patterns of self-inflicted injuries. Take all necessary measures to ensure that when detention is carried out, it is done in compliance with the law and respects the rights of the child as set out under the Convention, and that children are held separately from adults in both pre-trial detention and after being sentenced; (Paragraph 78) UN Working Group on arbitrary detention Country visit: 22 September - 2 October 2003 The Working Group recommends that the judiciary council should review the performance of judges who keep children in detention for months without giving them a hearing (para 73). Universal Periodic Review (April 2008) 64 - 8. To adopt measures to improve prison conditions, especially the overcrowding. To address the issue of unduly protracted detentions and to promote the use of alternative measures to pretrial detention, in particular for pregnant women and young children. (Slovenia, Germany, Canada) – accepted by Argentina ----------------------------------------------------------------- Lack of a clear differentiation between correction institutions for offending children and residential homes for children who were placed out of their families for protection UN Committee on the Rights of the Child (Concluding Observations, June 2010) The Committee notes with concern that the principle of the best interests of the child may be used to evaluate if a child should be deprived of his/her liberty for reasons of protection, under Law No. 22.278 of 1980 on juvenile justice which has not yet been reformed to conform to the Convention. It is further concerned that this principle may not be taken into account in all decisions, administrative and judicial procedures and programmes concerning children. (Paragraph 33) While strongly urging the State party to reform the juvenile justice system to conform to the Convention, the Committee recommends that the State party continue and strengthen its efforts to ensure that the general principle of the best interests of the child is appropriately integrated in all legal provisions as well as in judicial and administrative decisions and in all policies, programmes and services that have an impact on children The Committee also urges the State party to refrain from using the principle of the best interests of the child when deciding on deprivation of liberty as a means to allegedly "protect" children, instead of increasing guarantees for child rights. (Paragraph 34) While noting that a reform process has been undertaken with regard to juvenile justice at national and provincial level, the Committee is seriously concerned at the continued application of Law No. 22.278 of 1980, in particular with regard to the possibility to detain children. It is furthermore concerned that children's right to be heard and to be assisted by an independent legal professional in criminal proceedings is not always respected. (Paragraph 76) Abrogate Law No. 22.278 on juvenile justice and adopt a new law consistent with the Convention and international standards on juvenile justice (Paragraph 79. a) UN Working Group on arbitrary detention Country visit: 22 September - 2 October 2003 Lack of a clear differentiation between correction institutions for offending children and residential homes for children who were placed out of their families for protection The Working Group notes that street children and children who beg were detained in police stations and are not placed in specific institutions for juveniles (para 55). The Working Group recommends making a distinction between the various categories of children as children who have broken the law and those that are detained for their own protection are not separated but kept together (para 56). The Working Group notes that a distinction should be made between the treatment of children in conflict with the law, treatment of children at risk or in irregular situations and treatment of children with special needs. Italso recommends that a review should be made on the as to whether children with special needs should even be placed in detention centres (para 73). Inter-American Commission on Human Rights (March 2007) The Commission asked the Argentinian government to implement a social policy to change the situation of "children detained for reasons other than committing a crime". ----------------------------------------------------------------- Discrimination against and social exclusion of indigenous children UN Committee on the Rights of the Child (September 2011) The Committee notes Decree No. 1086/2005 establishing a national plan against discrimination. While welcoming the State party’s effort to favour disadvantaged children, to establish programs to promote bilingual and intercultural education for indigenous children and health program focusing on the needs of indigenous children, the Committee is nevertheless concerned at persistent reports of discrimination, social exclusion and physical, sexual and psychological abuse of indigenous children, amounting to around 3 to 5% of the total population in the country. The Committee notes with concern that disparities affecting the North East and North West provinces may lead to discrimination, for example the probability of children dying in their first year of life is 60% higher than in the rest of the country and illiteracy amounts to 11% whereas it is almost inexistent elsewhere. It is further concerned at the stigmatization and discrimination of adolescents living in poverty in urban centres or in street situations in the country, as well as children from a migrant background. The Committee urges the State party to increase its efforts: to fight against discrimination, social exclusion, physical, sexual and psychological abuse of vulnerable groups, in particular indigenous children; to fight against stigmatization and discrimination of poor adolescents living in poverty in urban areas or in street situations, as well as children from a migrant background. The Committee further requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account General comment No.1 (CRC/GC/2001/1) on the aims of education. (Paragraphs 31 & 32) The Committee welcomes the new legislation that guarantees free, universal and “ex officio” birth registration. It however expresses concern at insufficient implementation at provincial level, which leaves many children without adequate access to birth registration. It is further concerned that children who are born outside of health facilities, including indigenous children or children from disadvantaged families, such as those living in remote areas or in social exclusion, do not have access to birth registration. The Committee recommends that the State party continue to take all necessary measures, including retroactively, to ensure access of all children, including children born outside of health facilities, indigenous children, children from disadvantaged families, such as those living in remote areas or in social exclusion, to free birth registration, and that it take steps to identify all children who have not been registered or obtained an identity document. The Committee also encourages the State party to adopt flexible measures of birth registration, including mobile units to reach all children. The Committee further recommends that the State party implement a specific birth registration strategy for indigenous communities based on respect for their cultures and taking into account the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention. (Paragraphs 39 & 40) UN Committee on the Elimination of Racial Discrimination (March 2010) 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. (Paragraph 19) ----------------------------------------------------------------- Shortcomings in education and services for reproductive and sexual health UN Committee on the Rights of the Child (September 2011) The Committee further expresses concern at the high percentage of maternal deaths, especially of adolescent girls, related to abortions (28.31% in 2005) and at the lengthy procedures for legal interruption of pregnancies resulting from rape, including due to article 86 of the Penal Code. The Committee recommends that the State party: Increase its efforts for the promotion of mother-child health, including during pregnancy and birth; Take urgent measures to address inequalities of access and quality of health services among the provinces, with a particular focus on primary health care, as well as addressing the causes of chronic malnutrition in the North West provinces; Undertake a study into the determinants of the high percentage and stagnant rates of maternal and neonatal mortality, and urgently address them; Take urgent measures to reduce maternal deaths related to abortions, in particular ensuring that the provision on non-punishable abortion, especially of girls and women victims of rape, is known and enforced by the medical profession without intervention by the courts and at their own request; Review article 86 of the Penal Code on a national level to prevent disparities in new and existing provincial legislation with regard to legal abortion; Seek technical assistance from UNICEF and WHO, among others. (Paragraphs 57 & 58) While noting the adoption of a Programme for the Integral Care of Adolescents whose objectives, among others, are to reduce maternal mortality of adolescent girls, suicide and alcohol and other drugs abuse, the Committee remains concerned at the high incidence of substance use and abuse by adolescents. It further notes the establishment of a National Programme on sexual health and responsible procreation based on Law 26.150 on Integral Sexual Education, as well as Law 26.206 on Education, which contains the objective to promote education on responsible sexuality. It is however concerned at the increase of sexually transmitted infections, including HIV among adolescents. The Committee welcomes the universal and free distribution of contraceptives. It continues however to be concerned at the high percentage of child pregnancies (15% of children born alive in 2005 and 2008 were of mothers below the age of 20). The Committee recommends that the State party, taking into account the Committee’s General comment No.4 (CRC/GC/2003/4) on adolescent health and development in the context of the Convention on the Rights of the Child, increase its efforts to develop and implement programmes and services, including child-friendly care, rehabilitation and counselling, in the area of adolescent health, including in particular early pregnancies, drug and alcohol abuse and other risky life styles. It also recommends the State party to obtain reliable data and information on adolescent health concerns through, inter alia, studies on this issue. The Committee especially recommends that the State party addresses the prevention of adolescent health and life styles related issues, in consultation with the adolescent boys and girls. (Paragraphs 61 & 62) UN Committee on Economic, Social and Cultural Rights (December 2011) 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. UN Committee on the Elimination of Discrimination against Women (August 2010) While appreciating the establishment of the national Programme for Sex schooling said mortality 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.) (Paragraphs 37 & 38) ----------------------------------------------------------------- High rate of children who drop out of secondary school UN Committee on the Rights of the Child (September 2011) The Committee, nevertheless, observes that there is still a significant number of adolescents who drop out and that there insufficient measures to ensure a child’s transition from school to employment. This affects in particular indigenous adolescents living in extreme poverty. Furthermore, the Committee notes that the proportion of children with disabilities receiving special education is growing (78% of those between the age of 3 and 17 years), nevertheless, it regrets that only 53 % are integrated into regular educational facilities. The Committee further regrets the absence of reliable information regarding the number and reasons for drop out, especially of pregnant girls. The Committee recommends that the State party, taking into account its General comment No. 1 (CRC/GC/2001/1) on the aims of education: Reduce disparities across the provinces, particularly those related to children with disabilities, indigenous children and pregnant girls, in access to education and full enjoyment of the right to education; Invest additional resources in order to ensure the right of all children to a truly inclusive education; Take all measures to ensure that children complete their schooling, taking concrete action to address the reasons behind non-completion of schooling and take measures to ensure children’s transition from school to employment; Expand and improve the quality of vocational education and training for children, including for those who have left school without certificates, enabling them to acquire competencies and skills in order to enhance their work opportunities; Enhance human rights education and include child rights in the curricula of schools. (Paragraphs 66 & 67) UN Committee on Economic, Social and Cultural Rights (December 2011) 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. ----------------------------------------------------------------- Trafficking of children and the fact that some forms of trafficking are not explicitly prohibited UN Committee on the Rights of the Child (September 2011) The Committee welcomes the State party’s initiative for collaboration with the neighbouring countries of Paraguay and Brazil to fight against trafficking and sexual exploitation of children and adolescents in the border region of the three countries. The Committee notes the Program on prevention of trafficking and assistance to its victims, as well as the creation in 2005 of a unit within the Secretariat of Human Rights to promote the eradication of sexual exploitation of children. It regrets however the absence of coordination between different governmental and non-governmental bodies, as acknowledged by the State party. The Committee further is concerned about the lenient sentences for perpetrators of trafficking, which could lead to impunity. The Committee recommends that the State party: (a) Implement or the National Plan of Action with regard to Trafficking, Sexual exploitation and abuse; (a) Strengthen legislative measures to address the issues of sexual abuse and sexual exploitation; (b) Take appropriate measures to ensure the prompt prosecution of perpetrators of sexual offences against children; (c) Ensure that child victims of sexual exploitation or abuse not criminalized or penalized; and (d) Continue to implement appropriate policies and programmes for prevention, recovery and social reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996, 2001 and 2008 World Congresses against Commercial Sexual Exploitation of Children, as well as the outcome of other international conferences on this issue. (Paragraphs 74 & 75) UN Committee on the Rights of the Child OPSC (June 2010) The Committee notes that the State party’s legislation contains provisions that make certain practices under the Optional Protocol punishable, however regrets that the State party has not fully implemented its obligations under the Optional Protocol. The Committee notes the State party’s efforts to propose a bill on the sale of children. The Committee further notes the enactment in April 2008 of Law No. 26.364 on the Prevention and Punishment of Trafficking in Persons and Assistance to the Victim. It is however concerned that the law does not contain a gender perspective and that common forms of human trafficking, such as sex tourism and forced marriage are not contained in the legislation. The Committee recommends that the SP continue its effort to harmonize its legislation with the OP and that common forms of human trafficking, such as sex tourism and forced marriage be amended to Law No. 26.364 on the Prevention and Punishment of Trafficking in Persons and Assistance to the Victims. (Paragraphs 7 & 8) Measures adopted to protect the rights and interests of child victims of offences prohibited under the Optional Protocol While noting that, according to Law No. 26.061 on the Integral Protection of the Rights of Children, Adolescence and the Family, the Committee is concerned that children, who are not nationals of the State party, may have limited access to procedures of refugee protection and may be sent back to their country of origin without adequate examination of their individual situation and without monitoring the conditions under which they may be returned. The Committee recommends that the State party, taking into account its General comment No. 6: (a) Ensure that children, who are not nationals of the State party and may be victims of offences under the Optional Protocol, have adequate access to procedures of refugee and victim protection and have their individual situation examined before being sent back to their country of origin, even if it is on a voluntary basis; (b) Develop comprehensive procedures for the early identification of child victims of offences under the Optional Protocol, including by ensuring their proper protection so as to encourage them to report cases. (Paragraphs 31 & 32) Criminal justice system protection measures The Committee welcomes the adoption of Law No. 26.364, which includes guarantees of free psychological, medical and legal assistance for victims of trafficking, it is however concerned that the State party’s legislation does not include protection measures for victims of offences, other than trafficking, also covered by the Optional Protocol. Moreover, it is concerned that this programme has not yet been implemented. It further notes the establishment of the Office of Rescue and Accompaniment of Victims of Trafficking and the Area of Prevention of Child Sexual Exploitation and Trafficking within the Ministry of Social Development. The Committee however is concerned at the absence of outreach of these measures and offices in the provinces. The Committee recommends the swift implementation of free psychological, medical and legal assistance for victims of trafficking, as well as the expansion of the programme to victims of all offences under the Optional Protocol. It further recommends that the State party ensure effective outreach of offices created to protect and support victims, including by extending the services to the provinces and ensuring sufficient budget allocations. (Paragraphs 33 & 34) The Committee notes the provisions of the Penal Code and the Law No. 26.364, which provide that testimonies by child victims are received in presence of a psychologist, that they may be video or audio taped and limited in number. Nevertheless, the Committee is concerned at information that, in practice, judges, defence lawyers or the prosecution insist on a confrontation between the child victim and the perpetrator. The Committee recommends that the State party ensure that its provisions protecting child victims during testimony and trial are effectively implemented in the entirety of its territory. It should further increase trainings and dissemination to judges, prosecutors and lawyers on article 8, paragraph 1, of the Optional Protocol and the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20, annex ). (Paragraph 35 & 36) Recovery and reintegration The Committee notes the Directives and Protocol for the Assistance of Victims of Human Trafficking and Sexual Exploitation of Children, and the establishment of the Office of Rescue and Accompaniment of Victims of Trafficking. It is however concerned at the absence of a sustained intervention over a period of time for victims, in particular of trafficking. It is further concerned that the State party has not put in place measures for the recovery and reintegration of victims of all offences under the Optional Protocol. The Committee regrets the absence of information on compensation of victims of offences under the Optional Protocol. The Committee recommends that the State party further strengthen measures to ensure appropriate assistance to victims of all offences under the Optional Protocol, including their full social reintegration, physical, psychological and psychosocial recovery. The Committee, in particular, recommends that the State party (a) Continue developing specialized medical, psychosocial and psychological care services for child victims, including by ensuring access and availability of child mental health professionals throughout the territory of the State party; (b) Increase the availability of social services; (c) Ensure that all child victims have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible in accordance with article 9, paragraph 4, of the Optional Protocol. (Paragraph 37 & 38). UN Committee on the Elimination of Discrimination against Women (August 2010) 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 (Paragraph 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 asylum seekers 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 subsequently to the asylum procedure (Paragraph 46). UN Committee on the Rights of Migrant Workers and Their Families (September 2011) 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). International Labour Organisation Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Argentina (ratification: 2001) Published: 2011 Article 3 of the Convention: Worst forms of child labour. Clause (a). Sale and trafficking of children. The ILO notes that Argentina is a country of destination of trafficking for the sexual exploitation of women and young girls from the Dominican Republic, Paraguay and Brazil. Argentinian women and young girls, mostly originating from the provinces of Misiones, Tucumán, La Rioja, Chaco and Buenos Aires, are also subjected to sexual exploitation abroad, mainly in Spain and Brazil. The Committee also observed that the International Trade Union Confederation's (ITUC) comments report corruption in the police forces and the direct involvement of police officers in criminal activities related to the trafficking of persons. Furthermore, according to the ITUC, the involvement of the police is one of the significant factors explaining the increase in cases of domestic and international trafficking reported in recent years, as well as the ineffectiveness of the criminal procedures conducted to endeavour to bring those responsible for these acts to justice. As the government reports however, since 31 July 2010, a total of 590 raids were carried out; 583 persons were arrested and 921 victims were assisted, including 204 children under 18 years of age. These cases resulted in 15 convictions for the trafficking of persons for sexual exploitation, for which the sentences ranged from four to 15 years of imprisonment. ----------------------------------------------------------------- Discrimination against migrant children in access to allowances UN Committee on Economic, Social and Cultural Rights (December 2011) 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. UN Committee on the Rights of Migrant Workers and Their Families (September 2011) 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). ----------------------------------------------------------------- Lack of legislation on inter-country adoption UN Committee on the Rights of the Child (September 2011) The Committee notes the analysis on the State party’s reservations and declarations to the Convention carried out by the National Secretariat for Children, Youth and Family. Regarding the reservation to article 21 b) to e) on inter-country adoptions, of the Convention, the Committee, while appreciating that the State party wishes to adopt “a rigorous system for the legal protection of children against sale and trafficking¨, remains concerned that it has not yet been fully addressed. In light of the long waiting lists for adoptions, the Committee urges the State party to establish a strong legal protection system against sale and trafficking of children in line with the Optional Protocol on the sale of children, child prostitution and child pornography andin order to, among others, establish a secure system of adoption that respects the best interests of the child and with a view to eventually withdraw its reservation. (Paragraphs 9 & 10) UN Committee on the Rights of the Child OPSC (June 2010) The Committee welcomes the State party’s information campaign with regard to risks of fraudulent adoptions. The Committee shares the State party’s concern with regard to sale of children through the figure of adoption, but is nevertheless concerned at the absence of legislation on international adoption and the absence of ratification of the Hague Convention on Inter-country Adoption. The Committee recommends that the State party increase its efforts on implementing the provisions of the Optional Protocol with regard to sale of children and consider ratifying the Hague Convention on Inter-country adoption. The State party should further take into account the Committee’s recommendation under the Convention on the Rights of the Child with regard to reservations and declarations (para. 10). (Paragraphs 26 & 27) UN Human Rights Committee (March 2010) 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 (Paragraph 9)
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Report published: 23 December 2003
Report published: 23 December 2003
Report published: 23 December 2003