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Law 26.171

Adopt the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the General Assembly of the United Nations Organization on 6 October 1999.

Sanctioned: November 15, 2006

Cast: December 6, 2006

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Adopt the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the General Assembly of the United Nations Organization on 6 October 1999, which consists of VEINTIUN (21) articles, the authenticated photocopy of which is part of this Act. ARTICLE 2 Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FIFTH DAYS OF THE MONTH YEAR DOS MIL SEIS.

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ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women

The States Parties to this Protocol,

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone has all the rights and freedoms proclaimed therein without distinction, including those based on sex,

Recalling that the International Covenants on Human Rights and other international human rights instruments prohibit discrimination on the basis of sex,

Recalling also the Convention on the Elimination of All Forms of Discrimination against Women ("the Convention"), in which the States Parties therein condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy aimed at eliminating discrimination against women,

Reaffirming its decision to ensure to women the full and equal enjoyment of all human rights and all fundamental freedoms and to take effective measures to prevent violations of those rights and freedoms,

Agree to the following:

Article 1

Any State Party to this Protocol ("State Party") recognizes the competence of the Committee on the Elimination of Discrimination against Women ("the Committee") to receive and consider communications under article 2.

Article 2

The communications may be submitted by persons or groups of persons who are under the jurisdiction of the State party and who claim to be victims of a violation by that State party of any of the rights set forth in the Convention, or on behalf of such persons or groups of persons. When a communication is submitted on behalf of persons or groups of persons, consent shall be required unless the author may justify acting on his behalf without such consent.

Article 3

The submissions will be submitted in writing and may not be anonymous. The Committee shall not receive any communication concerning a State party to the Convention other than a party to this Protocol.

Article 4

1. The Committee shall not consider a communication unless it has ascertained that all domestic remedies have been exhausted unless the processing of such remedies is unreasonably prolonged or is unlikely to result in an effective remedy.

2. The Committee shall declare inadmissible any communication that:

(a) It refers to an issue that has already been considered by the Committee or has already been or is being examined under another procedure of international review or settlement;

(b) It is incompatible with the provisions of the Convention;

(c) Be manifestly unfounded or insufficiently substantiated;

(d) To establish an abuse of the right to submit a communication;

(e) The facts before the date of entry into force of this Protocol for the State party concerned, unless such facts continue to occur after that date.

Article 5

1. Having received a communication and before reaching a conclusion on its grounds, the Committee may at any time direct the State party concerned, for the purpose of its urgent review, to request that it take the necessary provisional measures to avoid possible irreparable damage to the victim or victims of the alleged violation.

2. Where the Committee exercises its discretion under paragraph 1 of this article, this does not imply any judgement on the admissibility or on the merits of the communication.

Article 6

1. Unless the Committee considers that a communication is inadmissible without reference to the State party concerned, and provided that the person or persons concerned consents to the disclosure of their identity to that State party, the committee shall notify the State party in a confidential manner of any communication received under this Protocol.

2. Within six months, the State party shall submit to the Committee written explanations or statements clarifying the matter and indicating the corrective measures taken by the State party, if any.

Article 7

1. The Committee shall consider communications received under this Protocol in the light of all information made available to it by persons or groups of persons, or on behalf of them, and by the State party concerned, provided that such information is transmitted to the parties concerned.

2. The Committee shall consider communications under this Protocol in private meetings.

3. After considering a communication, the Committee shall submit its views on the communication, together with its recommendations, if any, to the parties concerned.

4. The State party shall give due consideration to the views of the Committee, as well as to its recommendations, if any, and shall send to the Committee, within six months, a written response, including information on any action taken in accordance with the views and recommendations of the Committee.

5. The Committee may invite the State party to submit further information on any measures taken by the State party in response to the Committee ' s views or recommendations, if any, even if the Committee deems it appropriate, in the reports submitted below by the State party in accordance with article 18 of the Convention.

Article 8

1. If the Committee receives credible information revealing serious or systematic violations by a State party of the rights set forth in the Convention, the Committee shall invite that State party to cooperate in the examination of the information and, for that purpose, to submit comments on the information.

2. Taking into account the observations made by the State party concerned, as well as any reliable information available to it, the Committee may order one or more of its members to conduct an investigation and submit a report to the Committee as a matter of urgency. When justified and with the consent of the State party, the investigation may include a visit to its territory.

3. After considering the findings of the investigation, the Committee shall transmit them to the State party concerned together with any observations and recommendations it deems appropriate.

4. Within six months of receiving the results of the investigation and the observations and recommendations transmitted to it by the Committee, the State party concerned shall submit its own observations to the Committee.

5. The investigation shall be confidential and the cooperation of the State party shall be requested at all stages.

Article 9

1. The Committee may invite the State party concerned to include in its report under article 18 of the Convention details of any measures it has taken in response to an inquiry under article 8 of the present Protocol.

2. After the six-month period referred to in article 8, paragraph 4, the Committee may, if necessary, invite the State party concerned to inform it of any action taken as a result of the investigation.

Article 10

1. Any State Party may, at the time of signature or ratification of or accession to this Protocol, declare that it does not recognize the competence of the Committee established in articles 8 and 9.

2. Any State Party which has made a declaration under paragraph 1 of this article may withdraw that declaration at any time, upon notification to the Secretary-General.

Article 11

Each State Party shall take all necessary measures to ensure that persons under its jurisdiction are not subjected to ill-treatment or intimidation as a result of any communication with the Committee under this Protocol.

Article 12

The Committee shall include in its annual report under article 21 of the Convention a summary of its activities under this Protocol.

Article 13

Each State Party undertakes to disseminate and publicize the Convention and the present Protocol widely, as well as to facilitate access to information on the Committee ' s views and recommendations, in particular with regard to matters relating to that State party.

Article 14

The Committee shall develop its own rules of procedure, which shall apply in exercise of its functions under this Protocol.

Article 15

1. This Protocol shall be open for signature by any State that has signed, ratified or acceded to the Convention.

2. This Protocol shall be subject to ratification by any State that has ratified or acceded to the Convention. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. This Protocol shall be open to accession by any State that has ratified or acceded to the Convention.

4. Accession shall be made through the deposit of the relevant instrument with the Secretary-General of the United Nations.

Article 16

1. This Protocol shall enter into force three months after the date of deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.

2. For each State ratifying or acceding to this Protocol after its entry into force, this Protocol shall enter into force after three months after the date on which such State has deposited its own instrument of ratification or accession.

Article 17

No reservation to this Protocol shall be permitted.

Article 18

1. Any State Party may propose amendments to this Protocol and submit them to the Secretary-General of the United Nations. The Secretary-General shall notify the States Parties of the proposed amendments and request them to notify them if they wish to convene a conference of the States Parties to consider and put them to the vote. If at least one third of the States Parties declare themselves in favour of such a conference, the Secretary-General shall convene it under the auspices of the United Nations. Any amendment adopted by the majority of the States Parties present and voting at the conference shall be submitted for approval by the General Assembly of the United Nations.

2. Such amendments shall enter into force when approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordance with their respective constitutional procedures.

3. When such amendments enter into force, they shall be binding on States Parties that have accepted them, while the other States Parties shall remain bound by the provisions of this Protocol and by any previous amendments that they have accepted.

Article 19

1. Any State Party may denounce this Protocol at any time by written notification to the Secretary-General of the United Nations. The complaint shall take effect six months after the date of receipt of the notification by the Secretary-General.

2. The complaint shall be without prejudice to the continued application of the provisions of this Protocol to any communication submitted under article 2, or any investigation initiated under article 8, prior to the date of effectiveness of the complaint.

Article 20

The Secretary-General of the United Nations shall communicate to all States:

(a) Signatures, ratifications and accessions relating to this Protocol;

(b) The date of entry into force of this Protocol and any amendment under article 18;

(c) Any complaint received under article 19.

Article 21

1. The present Protocol, whose Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall send certified copies of this Protocol to all States referred to in article 25 of the Convention.

Signatures

NESTOR KIRCHNER

PRESIDENT OF THE ARGENTINA NATION

WHY:

By Act No. 26.171, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women has been adopted THE WOMEN, adopted in New York by the United States of AMERICA el on October 6, 1999.

TANTO:

Ratify, on behalf of and representation of the Argentine Government, the above-mentioned Instrument and form the following

DECLARATION:

"The Argentine Republic reiterates the notes of 3 April 1989 and 18 January 2005, which rejected the extension of the territorial application of the "Convention on the Elimination of All Forms of Discrimination against Women" and its Optional Protocol respectively by the United Kingdom of Great Britain and Northern Ireland with respect to the Malvinas Islands.

The Argentine Republic recalls that the Falkland Islands, South Georgia and South Sandwich Islands and the surrounding maritime areas are an integral part of their national territory and are illegitimately occupied by the United Kingdom of Great Britain and Northern Ireland, the subject of a sovereignty dispute.

The illegitimate occupation of the United Kingdom of Great Britain and Northern Ireland led the General Assembly of the United Nations to adopt Resolutions 2065 (XX), 3169 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, recognizing the existence of the sovereignty dispute concerning the "Question of the Falkland Islands" and calling for a peaceful settlement of the United Kingdom.

In addition, the United Nations Special Committee on Decolonization has repeatedly spoken in the same direction, most recently through the Resolution adopted on 15 June 2006. "

In faith of which I sign this Instrument of Ratification authorized with the stamp of the Republic and endorsed by the Minister of Foreign Affairs, International Trade and Worship, D. Jorge Enrique Taiana.

Given in the city of Buenos Aires, the capital of the Argentine Republic, on the six days of March of the year two thousand seven.

NESTOR KIRCHNER Jorge Jorge Enrique Taiana