Committee on the Elimination of Discrimination against Women considers the report of Argentina

GENEVA (1 November 2016) - The Committee on the Elimination of Discrimination against Women today considered the seventh periodic report of Argentina on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Introducing the report, Maria Fabiana Tuñez, President of the National Council of Women of Argentina, said that gender equality was the new Government’s main objective while the ongoing campaign under the slogan #NiUnaMenos – Not One Less had put the eradication of gender violence at the top of the national agenda.  The First National Action Plan for the prevention, assistance and eradication of violence against women 2017-2019 had been adopted in July 2016, which together with the adoption of the Law 26.485 presented a fundamental step in deconstructing patriarchal stereotypes which perpetuated violence against women.  In order to raise awareness among students and develop attitudes, values and behaviours to prevent gender-based violence, the law was adopted on the day on education and equality: prevention and eradication of gender-based violence, held annually in all public and private educational institutions.  Argentina was a pioneer in using quotas to increase the political representation of women and was currently debating the adoption of the law on the equal representation of women in elections.

In the ensuing discussion, Committee Experts commended the progress made since the last review, including the passage of the landmark law on gender identity and the law on human trafficking, and the adoption of the National Action Plan on the eradication of violence against women, but the implementation of federal laws and policies at the provincial and local levels was often inadequate, they said.  The pervasive culture of machoism, patriarchal attitudes and gender stereotypes persisted, and was the root cause of discrimination and violence against women, including femicide, and created obstacles to women’s access to justice.  Experts were greatly concerned about very high maternal mortality rates, noting that one third of maternal deaths occurred as a result of illegal and unsafe abortions – abortion remained largely criminalized, which was worrying given the pervasive sexual violence, including against minors, and the high rate of teenage pregnancies.  Argentina had made significant advances in increasing women’s political participation, but more needed to be done to achieve substantive gender equality and remove barriers to the participation of women in executive bodies, in the National Assembly, the Foreign Service and in the private sector.

In her concluding remarks, Ms. Tuñez reaffirmed the commitment of Argentina to redouble efforts to ensure that every public policy contributed to the end goal of eradicating violence against women, inequalities and poverty.  Argentina was committed to stand united against all forms of violence and discrimination against women, and to do everything possible to fight the macho culture which was responsible for violence, rapes and killings.

Yoko Hayashi, Committee Chairperson, commended Argentina for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of more comprehensive implementation of the Convention throughout the State party.

The delegation of Argentina included representatives of the National Women’s Council, Ministry of Health, National Institute of Statistics and Census, Ministry of Justice and Human Rights, Ministry of Labour, Employment and Social Security, Supreme Court of Justice, Ministry of Foreign and Religious Affairs, and the Permanent Mission of Argentina to the United Nations Office at Geneva.

The Committee will reconvene in public on Wednesday, 2 November, at 10 a.m., to consider the combined fourth and fifth periodic reports of Switzerland (CEDAW/C/CHE/4-5). 

Report

The seventh periodic report of Argentina can be read here: CEDAW/C/ARG/7.  

Presentation of the Report

MARIA FABIANA TUÑEZ, President of the National Council of Women of Argentina, said that the new Government was working on implementing the gender agenda, removing situations of violence, and changing the unequal situation of women.  In his first address to the United Nations in September 2016, the President had declared gender equality to be the main objective of the Government.  The integrated empowerment of women was the policy of the State and the National Action Plan on ending violence against women in all its forms had been adopted.  The campaign Not One Less had brought the common call to the public agenda and had put the eradication of gender violence at the top of the national agenda.  The First National Action Plan for the prevention, assistance and eradication of violence against women 2017-2019 had been adopted in July 2016 and it was a systematic strategic tool which coordinated all policies and programmes throughout the State territory in order to provide an integrated approach to the prevention of violence against women and assistance to victims.  The plan contained 69 measures and 137 specific actions, and had a budget of about $50 million for the first three years.  The adoption of the Law 26.485 based on Article 2 of the Convention, and the adoption of the National Action Plan were fundamental steps taken to deconstruct patriarchal stereotypes which perpetuated violence against women.  The implementation of the Law 27.234 on the prevention of violence had started in October and had established the basis for the holding of a day on education and equality: prevention and eradication of gender-based violence in all public and private educational institutions, in order to raise awareness among students and develop attitudes, values and behaviours to prevent gender-based violence.

The Supreme Court of Justice had established the national femicide register in 2014 which was accessible to the public.  Argentina was a pioneer in adopting legislative quotas to increase the political representation of women and was currently debating the proposal for the adoption of 50 per cent quotas in order to ensure equal representation of women in the elections for the Senate, Parliament, and national representatives in the Common Southern Market.  The strong commitment of Argentina to institutionalizing gender equality was evident in the adoption of the first Organic Charter and a permanent secretariat of the National Council for Women on 30 September 2016, in order to enable it, for the first time, to monitor the full implementation throughout the country of the Convention and the relevant laws on the rights of women.  The Programme Justice 2020 had been adopted in May 2016 – it contained seven axes to justice and was aligned with the Sustainable Development Goal 16.  Argentina had a universal and free public health system accessible to all, which was complemented by private systems.  One of the major causes of maternal death was abortions, and the Government had implemented actions to empower women to decide on family planning, increase access to contraception, and to ensure that women with unwanted pregnancies received humanized and non-discriminatory support.  The National Programme for Sexual Health and Responsible Reproduction was in place and it had developed guidelines in 2015 for legal abortion, which was permitted in cases of rape.

Questions from the Experts
 
A Committee Expert commended Argentina for the many legislative reforms taken since the last review, in particular the landmark law on gender identity, and the new law on punishing human trafficking.  However, the Committee was concerned about the lack of coordination between the federal, provincial and local levels; about budget cuts; and about projects to reform Government structures which affected the protection of women’s rights in practice. 

How could resources be increased, particularly at provincial levels, and how could coordination be ensured between federal, provincial and local levels in the implementation of laws, programmes and policies?  What measures were being taken to address the lack of disaggregated data to inform polices dealing with violence against women? 

There was also concern about institutional fragility, particularly at provincial and local levels, and the concern about persistent discrimination against women in the access to justice due to patriarchal and macho attitudes of judicial staff.

Responses by the Delegation

Responding to these questions and comments and others, the delegation stressed that specific measures were being taken to strengthen the coordination between federal, provincial and local levels – the adoption of the Organic Charter and the permanent secretariat of the National Council for Women was one such measure, which would also have an impact on the allocation and transfer of resources to provincial and local levels.

On access to justice, a delegate said that the Ministry of Justice had access centres for justice which facilitated access to justice in neighbourhoods, including most disadvantaged ones.  Particular focus was on indigenous communities, particularly in the north-east of the country, which historically lacked access to justice; in cooperation with the Ministry of Health, the draft Differential Programme for Access to Justice had set up mobile units to provide judicial and health services to indigenous communities.  The communities would be consulted on the project and the pilot phase would be implemented in three areas.  Another measure which was currently being prepared was the setting up of legal defence teams which would provide services in the field, and would be composed of lawyers, social workers, psychologists and accountants.

Argentina was working on a project with the World Bank in order to extend data collection of the permanent household survey into the rural areas, where about 10 per cent of the population lived.  This would enable the collection of disaggregated household data.

Responding to the question on budget cuts, a delegate noted that a budget of 750 million pesos or about $ 50 million had been allocated for the implementation of the first national action plan for the prevention, assistance and eradication of violence against women 2017-2019, which would fund activities on provincial and local levels to implement laws, programmes and policies.

In their follow-up questions, Experts asked the delegation about the system in place to ensure the coordination and consolidation of laws between provincial and federal levels, measures taken to address discriminatory attitudes and mind sets among legal professionals, and a specific mechanism to encourage civil society organizations to take part in litigation on women’s rights and support women’s access to justice.

Responding, the delegation said that the allocation of 750 million pesos was the initial budget and that there was a progressive change in the allocation of resources for gender-related programmes and policies. 

There were 88 justice access centres which were spread throughout the country; a survey of unmet legal needs had been conducted recently that would allow the budgets and public policies needed to ensure access to justice.  Argentina had a free legal assistance programme and would soon sign an agreement with the College of Notaries to provide notary assistance to all persons from disadvantaged and marginalized groups.

The national action plan foresaw measures to ensure the full participation of civil society organizations in the creation and implementation of gender related laws and policies.  An Inter-Ministerial Round Table would be set up in which civil society organizations would be able to participate. 

In August 2016, an agreement had been signed with the United Nations Children’s Fund for the implementation of the Equality Connection Programme, under which textbooks would be distributed to students which would promote a gender perspective to information and communication technology and equal access for boys and girls.

A Committee Expert expressed concern about inconsistencies between provincial and federal laws and asked what measures were being taken to ensure that the provincial laws were aligned with the national law, the Convention and the Committee’s General Comments.

Questions from the Experts
 
A Committee Expert recognized the progress made since the last review in 2010 to establish an effective mechanism for the monitoring of the implementation of the Convention and that the main mechanism was the National Women’s Council.

Given the current structure of the National Women’s Council, its budget and the wide range of responsibilities it was given, was it not the time to institutionalize this mechanism and give it ministerial status?   If so, how would that impact the possibility of discussing and cooperating directly with provincial governors in addition to the provincial Women’s Councils?

Another Expert commended measures by Argentina to increase the representation of women, and in particular the women’s quota law of 1991 and the 2002 law establishing female union quotas.  However, there was no evidence of steps taken to ensure full compliance with the law.  What was the status of the draft gender parity laws and how would compliance be ensured?

Responses by the Delegation

Responding, the delegation said that the National Women’s Council had the status of a state secretariat, adding that considering its broad and wide mandate concerning laws and policies, the organizational structure of the Council had to be addressed.  Work was ongoing to improve the institutional quality of this body, and it remained to be seen how it would develop.  The Council would be incorporating civil society organizations in its structure in November, as per the law.

Thanks to the visibility of the National Women’s Council,  the coordination with the governors was satisfactory and they recognized the Council and its work.

Two draft laws on gender parity in electoral lists were currently in the Senate and in the Chamber of Deputies, and had been partially adopted so far.  The National Women’s Council supported the initiative as it wished to see the transformation of quotas into a law, and agreed that additional measures needed to be taken to ensure compliance with the existing laws.

Following up on the responses, Committee Experts asked whether the National Women’s Council as the state secretariat could directly access the Council of Ministers, and about the level of satisfaction with the participation of women in the design of public policies.

The delegation said that the aim of the National Women’s Council was to strengthen its structure and integrate civil society organizations in its work and structure.  The Council constantly explored how it could forge ahead and better integrate in the Coordinating Council for Social Policies.

The Council further aimed to broaden the participation of women in all sectors and in that sense it broadened the avenues for the participation of women and civil society organizations in appropriate areas and fora and ensured that women had a voice in the work of the Government.  The work of the Council was to systematise those voices and bring it where necessary to ensure that they were included in policy making.

Questions from the Experts
 
A Committee Expert asked about the financial, human and material resources allocated for the implementation of the national action plan for the eradication of violence against women, including at the provincial levels, and which partners across the territory would be engaged to implement the planed measures.

Which measures were in place to address stereotyping and gender bias in the justice system?  Were there specialized sexual violence and gender-based violence units in the police force, and what complaint mechanism was available to women suffering from discrimination or violence.

What was being done to address the pervasive culture of machismo manifested as sexual harassment in schools and the workplace, patriarchal attitudes in the judiciary which obstructed access to justice, and high rates of violence against women?

The delegation was asked about shelters for victims of violence, including whether women with disabilities had access, and to provide data on hate crimes against lesbian, gay, bisexual, transgender and intersex persons, sanctions for perpetrators, and support provided to victims.

Another Expert welcomed the increased penalties for the crime of human trafficking in the new law and asked about proactive measures taken to address the root causes of trafficking, including for purposes of sexual exploitation, in particular poverty.

Which measures were in place to ensure the effective implementation of the law on human trafficking throughout the State’s territory?  There were two bodies dealing with trafficking in persons, the National Council to Combat Human Trafficking and the Executive Committee to Combat Human Trafficking; what measures were in place to ensure that they coordinated their work? 

More than 60 per cent of trafficking in women was related to sexual exploitation, particularly internal trafficking, said the Expert and noted that the information on prostitution was lacking, including on exploitation of prostitutes.  Which measures were being taken to discourage the demand for prostitution and to support women who wished to exit prostitution?

Responses by the Delegation

The Government was taking measures to strengthen the existing mechanisms which ensured the coordination and implementation of all policies at the federal level and in all 24 jurisdictions, notably the National Human Rights Council and the National Women’s Council. 

The budget allocated for the National Women’s Council for the next three years was $ 50 million, which would be used to implement the activities contained in the National Action Plan, including to set up shelters for victims of violence in all jurisdictions. 

Measures were being taken to ensure that the construction of shelters took into account the great diversity of women in need of care and support, including women with disabilities.  The construction of 25 shelters would be concluded this year, which carried with it a change in paradigm and viewed them not as refuges but as homes for victims of violence which provided integrated protection.  There were 36 integrated protection homes at the moment, and an additional 25 were being constructed. 

Starting in 2017, gender training in the national security forces would be compulsory and would be a pre-condition for promotion.  Gender training covered all aspects of gender, including early detection of trafficking and domestic violence, police intervention in domestic violence cases, and others, while all police units had gender units in charge of providing training and raising awareness.

On the difficulties in accessing justice because of the attitudes of the judiciary, a delegate said that the organizational system of the judiciary was set up to deal with violence within the public sphere.  The Ministry of Justice was currently undertaking a reflection on how to streamline responses to violence in the private domain, address structural barriers to adequately addressing violence in the family, and ensure integrated assistance modes from the moment the first complaint had been made and which would look into civil and criminal aspects.

The challenge of eradicating gender stereotypes among legal professionals was being addressed in collaboration and cooperation with a number of institutions.  Training opportunities were being created, including through a training platform, and were being monitored both quantitatively and qualitatively. 

Helpline operators were trained to deal with problems of sexually diverse women, and the National Women’s Council had for the first time the role of the national coordinator on sexual diversity.  It worked with various Ministries, with the Observatory for gender-based violence, and with provincial institutions in order to also address violence against lesbian, bisexual and transgender women.

Addressing the culture of machoism and deconstructing patriarchal attitudes must start early on, and that was why the Law 27.234 on the prevention of violence was important; it established the day on education and equality: prevention and eradication of gender-based violence in all public and private educational institutions, in order to raise awareness among the students and develop attitudes, values and behaviours to prevent gender-based violence.

In a series of follow-up questions, Committee Experts asked about the #NiUnaMenos protests in which thousands and thousands of women participated, calling for gender equality and an end to femicides and the culture of machoism, and how the collaboration with this campaign was being developed.  What data was available on marital rape, including on prosecutions and sanctions, training of the judiciary, and services and support to victims? 

What was the number of reported cases on human trafficking through hot lines, the data on prosecution and sanctions, and information about victims?  Trafficking-related corruption was rampant, particularly at the provincial level - what was being done to address the responsibility of officials involved in trafficking, particularly for sexual exploitation?

Responding to the question concerning femicides, the delegation said the five original demands made by the #NiUnaMenos protesters 10 months ago had been met and this was evidence of the attention paid to the protests.  The information on cases of trafficking and prosecutions was publicly available on the website of the Office of the Prosecutor.  The database on rape in Buenos Aires did not record data on marital rape; in 2015, the office received 11,000 reports of rape, of which 75 per cent were female victims, 13 per cent had spouses, and 45 per cent had former spouses.

Questions from the Experts
 
A Committee Expert recognized the important progress Argentina had made in increasing women’s political participation and said that more needed to be done to achieve substantive gender equality and remove barriers to the participation of women in executive bodies, in the National Assembly, the Foreign Service and in the private sector.

Which specific measures were in place to advance the participation of women in elections, including by providing campaign resources, training of female candidates, and supporting political parties to present more women candidates?

Responses by the Delegation

The National Action Plan for the eradication of violence against women included measures such as the promotion of parity in democracy and the combatting of inequality which was at the centre of violence and discrimination.  The National Plan for Early Child Care had been adopted and it aimed to create comprehensive care centres for children in order to enable women to enter job markets and to also support more fair distribution of domestic labour.  New norms and standards for paternity leave were being considered.  The Equity Unit in the Ministry of Labour worked with partners in the public and private sector to develop provisions which would ensure that those employees involved in domestic violence were fired from their jobs.

The delegation said that the programme to strengthen indigenous political leaders was in place.  Argentina was taking firm steps to ensure progress in achieving gender equality for women, and today, for the first time, five of the governors were women.

The Plan for Early Child Care had been created in July 2016 and it aimed to open over the next four years 4,000 new early childhood centres throughout the country, with particular attention given to disadvantaged areas.  It had a budget of one billion pesos per year.

Questions from the Experts

With regard to education, a Committee Expert took positive note of the progress made as evidenced by the 98 per cent literacy rate; however, several areas of concern remained, including the high rate of teenage pregnancy.

What measures would be taken by the federal government to ensure that the law on sexual education was implemented in all provinces, that sexual education was included in the curriculum, and that teachers were trained in delivery at all levels of education?

How would Argentina address the gender gap in information and communication technology, and redesign scientific and technical education in order to increase accessibility for women?

Education levels of indigenous women were lower than those of indigenous men or non-indigenous women, which was due to indigenous girls often abandoning schooling in order to fulfil family duties, and the preference to educating boys by indigenous families.  What would be done to increase access to education for indigenous girls and women, at the provincial and national levels?

What special measures were in place to reduce the gender pay gap, which increased as the level of education of the woman increased. 

What was being done to ensure that development programmes at the provincial and local levels integrated gender equality and ensured that women participated and benefitted equally with men?

Argentina had signed the International Labour Organization Convention 189 and had in place the law and the National Convention for Domestic Work, and yet registration of domestic workers, and their access to social security remained problematic.  What measures were in place to address trafficking in persons for purposes of domestic work?

A Committee Expert commended the efforts to address forced labour and child labour and asked the delegation to inform on eradicating work by girls, on ensuring labour rights of lesbian, gay, bisexual, transgender and intersex persons, including at provincial and local administration levels, and on specific measures for employment of transgender populations who were largely involved in prostitution as they did not have a choice.

Maternal mortality rates were very high, and one third were due to illegal abortions.  What was the current rate, what were the main causes of maternal death, and what measures were being taken to reduce deaths due to unsafe abortions?  It was a matter of great concern that women and girls victims of rape had to turn to courts to authorise abortions. 

What measures were being taken to increase legal access to abortion, what were sanctions for illegal abortion, and how many legal abortions took place every year?  What was the status of the Parliamentary debate on decriminalizing abortion?

Replies by the Delegation

The delegation recognized the challenge of ensuring the full implementation of the Law on Integrated Sexual Education, which was fully in force.  The Law ensured that at least one day per year was dedicated to violence against women and gender-based violence.  There were two special scholarship programmes which supported female students to obtain university degrees in different disciplines, at the graduate and post-graduate levels.  The aim was to increase access for women to careers that were traditionally reserved for men.   

According to the 2010 census, there were less than one million indigenous peoples in Argentina.  The data on child labour was scarce. 

The maternal mortality rate was 3.7 per 1,000 live births.  Abortion was not legal and therefore data on it was not available.  The legal interruption of pregnancy was covered by the Criminal Code, while the 2002 court ruling clarified the provision and ensured that there was no criminal prosecution for the termination of a pregnancy following rape.

The Comprehensive Sexual Education Programme had been in place since 2006, but its effective implementation throughout the territory was a challenge, and therefore efforts were being taken to strengthen it and work together with provincial institutions.  The programme also included a part on gender equality.  A permanent dialogue was being set up with provinces, through which any tensions in the application of the laws and policies were addressed while respecting provincial autonomy.

The technical guide for legal abortion had been developed, and the National Programme for Sexual Health and Responsible Parenthood was in place and running in all provinces.  Data on non-punishable abortion was not available.  The integrated post-abortion programme was essential to avoiding maternal mortality, together with access to contraceptives and training on responsible parenting.

Questions from the Experts
 
A Committee Expert asked about micro-credit facilities in all areas of the country, not only for entrepreneurial activity but also for social entrepreneurship which might be helpful in the fight against poverty.

What was the effectiveness of the Rural Women Act, and the impact of the new measures, such as the amendment to the Land Act, on the status of rural women?

The delegation was asked about the situation of indigenous rural women, particularly in the Grand Chaco area, and their access to land, water, and income; the situation of women in detention and the fact that the United Nations Standard Minimum Rules for the Treatment of Prisoners, the Nelson Mandela Rules, and the Bangkok Rules for the treatment of women prisoners were not being applied in practice.

Responses by the Delegation

The National Action Plan had set forth the creation of an institution to coordinate efforts to detect, prevent and punish institutional violence against vulnerable groups, including women with disabilities, women in detention, indigenous women, lesbian, bisexual and transgender women, rural women, and women living with HIV/AIDS. 

The National Women’s Council had undertaken actions to ensure that all penitentiary officers received gender training, and had also taken special actions to ensure the protection of transwomen in detention.  There were 12 pregnant women and 28 women with small children in prison today.  Home arrests with ankle bracelets were one of the measures used as an alternative to the detention of pregnant women or women with children.
 
Questions from the Experts
 
A Committee Expert took up the issue of family, marriage and divorce and asked about the criteria used by the judiciary in establishing economic disadvantage of spouses during the divorce?  Was legal aid available to women for cases of divorce?

Responses by the Delegation

In response to the issues raised by the Experts, the delegation spoke of the changes in the Civil and Commercial Code which had introduced innovations in the matters of family, marriage and divorce.  It had also set up the Legal Offence Office to ensure the provision of free legal aid to women. 

In their follow-up questions, the delegation was asked about progress made in women’s access to land in the context of commercial farming by multinational corporations, and whether trans women in prison had sufficient access to care.

Responding, the delegation said that the National Institute on Indigenous Issues had signed an agreement with the National Institute for Water on a joint research project, and on training on stewardship of water and national resources for indigenous women.  A part of the agreement had set forth chemical and micro-biological analysis of water sources used by indigenous peoples.  Any complaints about toxins in water could be reported through the hotline managed by the Office of the Ombudsmen.

Argentina was also looking to support work insertion of professional indigenous women and would inform on this in its next report.

The National Action Plan on the eradication of violence against women addressed the issue of conscientious objection to unpunishable abortion which had mandated all public hospitals to have staff at hand to ensure access of women to legal abortion.  It was clear that all individuals had the right to consciences objection but this must not undermine the right of others and Argentina was working on establishing a balance in this regard.

Concluding Remarks

MARIA FABIANA TUÑEZ, President of the National Council of Women of Argentina, said that it was essential to be scrutinized and have the attention drawn to gaps in ensuring that women lived free from discrimination.  Argentina reaffirmed its commitment to all treaties it had signed and would redouble efforts to ensure that every public policy contributed to the end goal of eradicating violence against women, inequalities and poverty.  Argentina was committed to stand united against all forms of violence and discrimination against women, and to do everything possible to fight the macho culture which was responsible for violence, rapes and killings.

YOKO HAYASHI, Committee Chairperson, commended Argentina for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of more comprehensive implementation of the Convention throughout the State party.

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