Argentina: UN committee welcomes friendly settlement with domestic violence victim

GENEVA (30 November 2023) – Argentina’s satisfactory implementation of a friendly settlement with a domestic violence survivor demonstrated the country’s efforts to repair victims and establish measures to prevent future acts of violence and gender-based discrimination against women and girls, the UN Committee on the Elimination of Discrimination against Women (CEDAW) said.

In a document published today, the Committee decided to close the petition filed by Olga del Rosario Diaz, an Argentinian national. “We applaud Argentina for publicly recognising international responsibility and apologising to Ms Del Rosario Diaz, acknowledging the violation of her rights,” committee member Hilary Gbedemah said.

Del Rosario Diaz was in a partnership for 36 years. She has three children with her former partner who began acting violently against her approximately 15 years ago.

In 2016, the violence intensified when she asked her former partner to leave the house, and he threatened to “hang her from the ventilator”. She filed a complaint to the Office of Domestic Violence (Oficina de Violencia Doméstica-OVD), requesting various protective measures, including eviction of her ex-partner from her home, a restraining order prohibiting her ex-partner from approaching her and the children, and a panic button. In response to her request, the Court issued a restraining order for four days but did not grant other protective measures.

In 2017, Del Rosario Diaz was stabbed and punched multiple times at home by her former partner who also attacked their son and a neighbour, who were trying to protect her. The perpetrator subsequently fled the scene and was apprehended by the police. Del Rosario Diaz was admitted to the hospital for hypovolemic shock and knife wounds on her neck, left arm, and thorax. She had to undergo emergency surgery where she received a carotid bypass.

Del Rosario Diaz subsequently brought her case to the Committee, claiming that Argentina had violated her rights by failing to protect her from domestic violence. She also argued that ineffective police investigation and judicial proceedings were due to gender stereotypes and a lack of due diligence.

The Committee registered the case and initiated communication between the State party and the victim. Argentina consequently reached a friendly settlement with Del Rosario Diaz.

“This is a positive development of the country, which has seen significant changes in its judicial and political system,” said Gbedemah, adding that “it also demonstrates how cases brought before the Committee can also trigger a friendly settlement and ensure reparation to victims.”