Comprehensive Protection Of Women Act To Prevent, Punish And Eradicate Violence - Updated Text Of The Law

Original Language Title: LEY DE PROTECCION INTEGRAL A LAS MUJERES LEY PARA PREVENIR, SANCIONAR Y ERRADICAR LA VIOLENCIA - Texto actualizado de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
INTEGRAL PROTECTION LAW FOR WOMEN Law 26.485 Comprehensive Protection Law to Prevent, Punish and Eradicate Violence against Women in the Areas in which They Develop Interpersonal Relationships Sanctioned: March 11, 2009. Enacted: April 1, 2009.

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

INTEGRAL PROTECTION LAW TO PREVENY, SANCTION AND DISCUSE VIOLENCE AGAINST WOMEN IN THE ENVIRONMENTS TO DISARMAMENT

PART I

GENERAL PROVISIONS

ARTICLE 1 Scope of application. Public order. The provisions of this Act are of public order and application throughout the territory of the Republic, with the exception of the procedural provisions set out in Chapter II of Title III of the present.

ARTICLE 2 . Object. This Act aims to promote and ensure:

(a) Elimination of discrimination between women and men in all orders of life;

(b) The right of women to live a life without violence;

(c) The conditions for sensitizing and preventing, punishing and eradicating discrimination and violence against women in any of their manifestations and areas;

(d) Development of inter-agency public policies on violence against women; 1947)

(e) The removal of sociocultural patterns that promote and sustain gender inequality and power relations on women;

(f) Access to justice for women suffering from violence;

(g) Comprehensive assistance to women suffering from violence in both state and private areas through programmatic activities for women and/or specialized violence services.

Article 3 . Protected Rights. This Act guarantees all the rights recognized by the Convention on the Elimination of All Forms of Discrimination against Women, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, the Convention on the Rights of Children and Law 26.061 on the Comprehensive Protection of the Rights of Girls, Children and Adolescents and, in particular, those relating to:

(a) A life without violence and without discrimination;

(b) Health, education and personal security;

(c) Physical, psychological, sexual, economic or property integrity;

(d) Respect for their dignity;

(e) Decide on reproductive life, the number of pregnancies and when to have them, in accordance with Act No. 25,673 on the establishment of the National Programme on Sexual Health and Responsible Procreation;

(f) Intimacy, freedom of belief and thought;

(g) To receive appropriate information and advice;

(h) To implement comprehensive measures of assistance, protection and security;

(i) Free access to justice in cases within the scope of this Act;

(j) Real equality of rights, opportunities and treatment between men and women;

(k) Respectful treatment of women who suffer violence, avoiding any conduct, act or omission that causes revictimization.

ARTICLE 4 . Definition. Violence against women means any conduct, by action or omission, based on gender, which, directly or indirectly, in both the public and private spheres, based on an unequal relationship of power, affects their lives, freedom, dignity, physical, psychological, sexual, economic or property integrity, political participation, as well as their personal security. Those perpetrated by the State or its agents are covered.

Indirect violence, for the purposes of this Act, is considered any conduct, action, omission, provision, criterion or discriminatory practice that disadvantages women with regard to men.

(Article replaced by Article 2 of the Act No. 27.533 B.O. 20/12/2019)

ARTICLE 5o . Types. The following types of violence against women are particularly covered by the definition of the preceding article:

1.- Physics: The one used against the woman's body producing pain, damage or risk of producing it and any other form of abuse that affects her physical integrity.

2.- Psychological: The one that causes emotional damage and decreases self-esteem or impairs and disrupts personal development or seeks to degrade or control its actions, behaviors, beliefs and decisions, through threat, harassment, restriction, humiliation, dishonour, discredit, insulation manipulation. It also includes blame, constant vigilance, demand for submission, verbal coercion, persecution, insult, indifference, abandonment, excessive jealousy, blackmail, ridicule, exploitation and limitation of the right of movement or any other means that cause harm to their psychological health and self-determination.

3.- Sexual: Any action involving the violation in all its forms, with or without genital access, of the right of women to voluntarily decide on their sexual or reproductive life through threats, coercion, use of force or intimidation, including rape within marriage or other linking or kinship relations, whether or not they exist, as well as forced prostitution, exploitation, slavery, harassment, sexual abuse and trafficking in women.

4.- Economic and Patrimonial: The one that aims to cause a miscarriage in the economic or property resources of women, through:

(a) The disruption of possession, possession or ownership of its property;

(b) The loss, removal, destruction, retention or undue diversion of objects, working instruments, personal documents, property, values and property rights;

(c) Limiting economic resources to meet their needs or depriving them of the necessary means to live a decent life;

(d) Limiting or controlling your income, as well as the perception of a lower wage for the same task, within the same workplace.

5.- Symbolic: The one through stereotyped patterns, messages, values, icons or signs transmits and reproduces domination, inequality and discrimination in social relations, naturalizing the subordination of women in society.

6.- Policy: The aim is to undermine, nullify, prevent, hinder or restrict women ' s political participation, violating the right to a political life free of violence and/or the right to participate in public and political affairs on an equal basis with men. (Included by Article 3 of the Act No. 27.533 B.O. 20/12/2019)

ARTICLE 6 . Modalities. For the purposes of this Act, the forms in which different types of violence against women are manifested in the different areas, with the following being particularly understood:

(a) Domestic violence against women: the one exercised against women by a member of the family group, regardless of the physical space where it occurs, which damages the dignity, well-being, physical, psychological, sexual, economic or heritage integrity, freedom, including reproductive freedom and the right to the full development of women. It is understood by family group that originated in kinship either by consanguinity or by affinity, marriage, de facto unions and couples or girlfriends. Includes existing or terminated relationships, not being the requirement of coexistence;

(b) Institutional violence against women: that carried out by women officials, professionals, personnel and agents belonging to any body, entity or public institution, which aims to delay, hinder or prevent women from having access to public policies and exercise the rights provided for in this Act. These include political parties, trade unions, business, sports and civil society organizations;

(c) Violence against women: the one that discriminates against women in the public or private spheres of work and hinders their access to employment, recruitment, promotion, stability or stay in the workplace, demanding requirements for marital status, maternity, age, physical appearance or pregnancy test. It also constitutes violence against women in the workplace to break the right of equal pay for equal work or function. It also includes systematic psychological harassment of a particular worker in order to achieve her exclusion from work;

(d) Violence against reproductive freedom: the right of women to decide freely and responsibly the number of pregnancies or the interval between births, in accordance with Act No. 25,673 on the establishment of the National Programme on Sexual Health and Responsible Procreation;

(e) Obstetric violence: the one exercised by health personnel on the body and reproductive processes of women, expressed in dehumanized treatment, an abuse of medicalization and patologization of natural processes, in accordance with Law 25.929.

(f) Media violence against women: that publication or dissemination of stereotyped messages and images through any mass media, which directly or indirectly promotes the exploitation of women or their images, insults, defamations, discrimination, dishonour, humille or attentive against the dignity of women, as well as the use of women, adolescents and girls in pornographic messages and images, legitimizing the unequal treatment of women.

(g) Violence against women in the public space: the one exercised against women by one or more persons, in public or public places, such as means of transport or shopping centres, through verbal or non-verbal conduct or expressions, with sexual connotation, which affect or damage their dignity, integrity, freedom, free movement or permanence and/or generate a hostile or offensive environment. (Convention by art. 1 Act No. 27.501 B.O. 8/5/2019)

(h) Public-political violence against women: the one that, based on gender, mediating intimidation, harassment, dishonour, discredit, persecution, harassment and/or threats, prevents or limits the development of political life or access to political rights and duties, violating the existing regulations on the political representation of women, and/or deterring or impairing the political exercise or political activity of women, (Input by art. 4° of the Act No. 27.533 B.O. 20/12/2019)

PART II

PUBLIC POLITICS

CHAPTER I

RECORD PRECEPTS

ARTICLE 7 Guiding precepts. The three branches of the State, whether national or provincial, shall take the necessary measures and ratify in each of their actions the unrestricted respect for the constitutional right to equality between women and men. For the purposes of this Act, the following guiding principles shall be ensured:

(a) Elimination of discrimination and unequal power relations on women;

(b) The adoption of measures to sensitize society, promoting values of equality and delegitimization of violence against women;

(c) Assistance in a comprehensive and timely manner for women suffering from any kind of violence, ensuring free, prompt, transparent and effective access to services created for that purpose, as well as promoting the punishment and re-education of those who exercise violence;

(d) The adoption of the principle of cross-cutting shall be present in all measures and in the implementation of the normative provisions, inter-agency coordination and coordination of budgetary resources;

(e) Incentive to the cooperation and participation of civil society, by engaging private entities and non-State public actors;

(f) Respect for the right to confidentiality and privacy, by prohibiting the reproduction of information relating to situations of violence against women in particular or public use, without the authorization of those who suffer it;

(g) Ensuring the existence and availability of economic resources to enable the fulfilment of the objectives of this Act;

(h) All actions leading to the realization of the principles and rights recognized by the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women.

CHAPTER II

COMPETENT ORGANIZATION

ARTICLE 8 Competent agency. The National Women ' s Council will be the governing body responsible for the design of public policies to implement the provisions of this Act.

Article 9 . Faculty. The National Women ' s Council, to ensure the achievement of the objectives of this Act, shall:

(a) Develop, implement and monitor a National Plan of Action for the Prevention, Assistance and Eradication of Violence against Women;

(b) To articulate and coordinate actions for the implementation of this law, with the various areas involved at the national, provincial and municipal levels, and with the university, trade union, business, religious, women's rights defense organizations and other civil society organizations with competence in the field;

(c) To convene and constitute an ad honórem Advisory Council, composed of representatives of civil society organizations and specialized academics, which will have the role to advise and recommend on appropriate courses of action and strategies to address the phenomenon of violence;

(d) Promote the establishment of comprehensive and free assistance services for women suffering from violence in different jurisdictions;

(e) Ensuring models of approach aimed at empowering women who suffer violence that respect the social, political and cultural nature of the problem, by not admitting models that contemplate forms of mediation or negotiation;

(f) Generate minimum standards for early detection and addressing situations of violence;

(g) Develop technical assistance programmes for different jurisdictions for prevention, early detection, early assistance, re-education, inter-agency referral and the development of protocols for different levels of care;

(h) Provide ongoing training, training and training on the subject to public officials in the field of justice, police and security forces, and the Armed Forces, which will be provided in a comprehensive and specific manner according to each area of action, from a basic module respecting the principles enshrined in this Act;

(i) Coordinate with legislative areas specialized training on violence against women and implement the principles and rights recognized by the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women for legislators and advisers;

(j) Encouraging through schools and associations of professionals the training of service personnel who, because of their activities, can become involved in cases of violence against women;

(k) Design and implement Registers of situations of violence against women in an inter-jurisdictional and inter-agency manner, which establish the basic indicators approved by all relevant Ministries and Secretariats, irrespective of which each area is determined for specific purposes, and agreed within the framework of the Federal Councils with competence in the field;

(l) Develop, promote and coordinate with different jurisdictions the criteria for the selection of data, registration modality and basic indicators disaggregated . at least. due to age, sex, marital status and occupation of the parties, link between women who suffer violence and the man who exercises it, nature of the facts, measures taken and their results, and sanctions imposed on the violent person. The reservation should be ensured in relation to the identity of women suffering violence;

(m) Coordinate with the Judiciary the criteria for the selection of data, registration modality and indicators that integrate it in both powers, regardless of those that define each one for the purposes that are his own;

(n) Regular analysis and dissemination of statistical data and research results to monitor and adapt public policies through the Observatory on Violence against Women;

(in) Design and publish a Service Guide in ongoing coordination and updating with different jurisdictions, providing information on direct assistance programmes and services;

(o) Implement a free and accessible telephone line in conjunction with the provinces through relevant government agencies to provide containment, information and advice on existing resources for the prevention of violence against women and assistance to those who suffer it, including the modality of self-violence against women in the public space known as the witty street.

The information gathered by the complaints made to this line should be compiled and systematized by the National Council of Women in order to develop reliable statistics for the prevention and eradication of the various forms of violence against women. (Incision replaced by art. 2° Act No. 27.501 B.O. 8/5/2019)

(p) Establish and maintain a Register of specialized non-governmental organizations in coordination with jurisdictions and conclude conventions for the development of preventive activities, control and implementation of measures to assist women suffering from violence and the rehabilitation of men exercising it;

(q) Promote awareness-raising and awareness-raising campaigns on violence against women by reporting on the rights, resources and services that the State guarantees and installs social condemnation of all forms of violence against women. Publishing dissemination materials to support the actions of the different areas;

(r) To conclude agreements with public agencies and/or private institutions for any action leading to compliance with the scope and objectives of this Act;

(s) To convene and implement the Council, the Consultative Council of Civil Society Organizations and to draft its internal rules of operation;

(t) Promoting network work at the community level in order to develop inter-agency and cross-sectoral care and prevention models that unify and coordinate the efforts of public and private institutions;

(u) Ensure access to specific care services for women deprived of their liberty.

CHAPTER III

BASIC LINES FOR STATUS POLICIES

ARTICLE 10. Technical strengthening of jurisdictions. The national State should promote and strengthen the various jurisdictions inter-institutionally for the establishment and implementation of comprehensive services of assistance to women suffering from violence and those exercising it, and should ensure:

1.- Community-oriented education and training campaigns to inform, raise awareness and prevent violence against women in areas where they develop their interpersonal relationships.

2.- Units specializing in violence at the first level of care working in the prevention and assistance of acts of violence, which will coordinate their activities according to established standards, protocols and records and will have a comprehensive approach to the following activities:

(a) Interdisciplinary assistance for the assessment, diagnosis and definition of approach strategies;

(b) Mutual aid groups;

(c) Free legal assistance and sponsorship;

(d) Coordinated health care to provide medical and psychological assistance;

(e) Coordinated attention to the social area of assistance programmes aimed at promoting human development.

3.- Economic assistance programmes for women ' s self-esteem.

4.- Programmes of community escorts for the support of women ' s self-reliance strategy.

5.- Day centres for the integral strengthening of women.

6.- Transit institutions for the care and shelter of women who suffer violence in cases where the stay in their home or residence involves an imminent threat to their physical, psychological or sexual integrity, or that of their family group, should be aimed at immediate integration into their family, social and labour environment.

7.- Reeducation programmes for men who exercise violence.

ARTICLE 11. . Public policies. The national State will implement the development of the following priority actions, promoting its coordination and coordination with the different Ministries and Secretariats of the National Executive, provincial and municipal jurisdictions, universities and civil society organizations with competence in the field:

1.- Chief of the Cabinet of Ministers . Cabinet and Public Management Secretariat:

(a) To promote specific policies that implement existing regulations on sexual harassment in the national civil service and to ensure the effective observance of the principles of non-discrimination and equality of rights, opportunities and treatment in public employment;

(b) Promote, through the Federal Council of Public Service, similar actions within the provincial jurisdictions.

2.- Ministry of Social Development:

(a) Promote policies aimed at the social and labour relinking of women suffering from violence;

(b) Develop criteria for prioritization for the inclusion of women in plans and programmes for strengthening and social promotion and in emergency assistance plans;

(c) Promote training and funding lines for women ' s employment in violence assistance processes;

(d) Support projects for the establishment and implementation of emergency programmes for women and the care of their daughters;

(e) To conclude agreements with banking entities to provide credit lines to women suffering from violence;

(f) Coordinate with the National Secretariat for Children, Adolescents and the Family and the Federal Council for Children, Adolescents and Families the criteria for care for girls and adolescents suffering from violence.

3.- Ministry of Education:

(a) The inclusion in the minimum curricular content of the gender perspective, the exercise of tolerance, respect and freedom in interpersonal relations, gender equality, the democratization of family relations and the observance of human rights, and the delegitimization of violent models of conflict resolution and self-violence against women in the public space known as the street; (Incision replaced by art. 3rd of the Act No. 27.501 B.O. 8/5/2019)

(b) Promote measures to include in educational training plans the early detection of violence against women;

(c) Recommend measures to provide for the immediate schooling of girls and adolescents affected by a change of residence resulting from a situation of violence, until the exclusion of the aggressor from the home occurs;

(d) Promote the incorporation of the issue of violence against women in tertiary and university curricula, both at grade and postgraduate levels;

(e) Promote the revision and updating of textbooks and teaching materials with a view to eliminating gender stereotypes and discriminatory criteria, promoting equal rights, opportunities and treatment between women and men;

(f) The measures previously proposed will be promoted within the scope of the Federal Education Council.

4.- Ministry of Health:

(a) Incorporate the problem of violence against women into comprehensive health programmes for women;

(b) Promote discussion and adoption of the instruments adopted by the Ministry of Health on violence against women within the Federal Health Council;

(c) Design specific early detection protocols and care of all types and forms of violence against women, primarily in the areas of primary health care, emergencies, medical clinic, obstetrics, gynaecology, traumatology, pediatrics, and mental health, which specify the procedure to be followed for the care of women who suffer violence, safeguarding the privacy of the assisted person and promoting non-sexist medical practice. The procedure should ensure that evidence is obtained and preserved;

(d) Promote services or programmes with interdisciplinary teams specialized in the prevention and care of violence against women and/or those exercising it through the use of care and referral protocols;

(e) Promote the implementation of a Register of Persons Assisted by Violence against Women, which coordinates national and provincial levels.

(f) Ensuring specialized assistance from child witnesses;

(g) To promote agreements with the Superintendency of Health Services or agency that replaces it in the future, in order to include programmes for the prevention and assistance of violence against women, in medical-assistance establishments, social security and prepaid medical entities, which should incorporate them in their coverage on an equal basis with other benefits;

(h) Encouraging the continuing training of medical personnel in order to improve early diagnosis and gender-sensitive medical care;

(i) Promote, within the framework of the Federal Health Council, the monitoring and monitoring of the implementation of the protocols. To this end, national and provincial agencies may conclude agreements with civil society institutions and organizations.

5.- Ministry of Justice, Security and Human Rights of the Nation:

5.1. Ministry of Justice:

(a) Promote policies to facilitate women ' s access to justice through the establishment and strengthening of information and legal counselling centres. (Replaced by art. 3° Decree No. 744/2021 B.O. 29/10/2021. Watch: from the day of its publication in the Official Gazette)

(b) Promote the implementation of agreements with professional associations, academic institutions and civil society organizations to provide specialized and free legal assistance;

(c) Promote the unification of criteria for the development of judicial reports on the situation of danger of women suffering from violence;

(d) Promote the coordination and cooperation between the various judicial bodies involved in order to improve the effectiveness of judicial measures;

(e) Promote the development of a protocol for the receipt of complaints of violence against women in order to avoid unnecessary judicialization of cases that require other approaches;

(f) To propose instances of exchange and coordination with the Supreme Court of Justice of the Nation to encourage specific training on the subject at the various levels of the judiciary;

(g) Encourage the formation of specific training spaces for law professionals;

(h) To promote research on the causes, nature, severity and consequences of violence against women, as well as the effectiveness of measures taken to prevent and redress its effects, by regularly disseminating results;

(i) Ensure access to specific care services for women deprived of their liberty.

5.2. Security Secretariat:

(a) Fostering in police and security forces, the development of interdisciplinary services that support women suffering from violence to optimize their attention, referral to other services and compliance with judicial provisions;

(b) Develop within the scope of the Internal Security Council, the basic procedures for the design of specific protocols for police and security forces in order to provide appropriate responses to prevent revictimization, to provide adequate attention, assistance and police protection to women who come to file complaints at police headquarters;

(c) Promote the coordination of police and security forces involved in addressing violence against women with government institutions and civil society organizations;

(d) Sensitize and train police and security forces on the issue of violence against women in the context of respect for human rights;

(e) Include in the training programmes of police and security forces specific subjects and/or curricular contents on women ' s human rights and especially on gender-sensitive violence.

(f) To urge the police and security forces to act in the protection of women victims of gender-based violence when violence occurs in the public space or in public access, including the modality of self-violence against women in public spaces known as “sacred street.” (Convention of article 4 of the Act No. 27.501 B.O. 8/5/2019)

5.3. Secretariat for Human Rights and National Institute against Discrimination, Xenophobia and Racism (INADI):

(a) Promote the inclusion of the problem of violence against women in all programmes and actions of the National Human Rights Secretariat and INADI, in conjunction with the Federal Human Rights Council.

6.- Ministry of Labour, Employment and Social Security of the Nation:

(a) Develop awareness-raising, training and incentives for companies and trade unions to eliminate labour violence against women and promote equal rights, opportunities and treatment at work, and must respect the principle of non-discrimination in:

1. Access to the job, in the field of call and selection;

2. Careers, promotion and training;

3. Stay in the workplace;

4. The right to equal pay for equal work or function.

(b) To promote, through specific programmes, the prevention of sexual harassment against women in the field of business and trade unions;

(c) Promote policies for the training and inclusion of women suffering from violence;

(d) To promote respect for the labour rights of women suffering from violence, in particular when they must be absent from their jobs in order to comply with professional requirements, both administrative and judicial decisions.

7.- Ministry of Defence:

(a) Adjust the internal regulations, codes and practices of the Armed Forces to the Convention on the Elimination of All Forms of Discrimination against Women and the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women;

(b) To promote programmes and/or affirmative action measures aimed at eradicating patterns of discrimination against women in the Armed Forces for their entry, promotion and retention;

(c) Sensitize the various hierarchical levels in the subject of violence against women in the context of respect for human rights;

(d) Include in training programmes specific subjects and/or content on women ' s human rights and gender-sensitive violence.

8.- Ministry of Media:

(a) To promote from the National Media System the dissemination of messages and ongoing awareness-raising and awareness-raising campaigns aimed at the general population and in particular women about their right to live a life free of violence;

(b) Promote respect for women ' s human rights and the treatment of gender-based violence in the mass media;

(c) Provide training for mass media professionals in violence against women;

(d) Encourage the elimination of sexism in information;

(e) Promote, as an issue of corporate social responsibility, the dissemination of advertising campaigns to prevent and eradicate violence against women.

CHAPTER IV

VIOLENCE AGAINST WOMEN

ARTICLE 12. . Creation. Trust the Observatory on Violence against Women within the National Council for Women, which aims to monitor, collect, produce, record and systematize data and information on violence against women.

ARTICLE 13. . Mission. The Observatory will undertake the development of a permanent information system that provides inputs for the design, implementation and management of public policies for the prevention and eradication of violence against women.

ARTICLE 14. Functions. The functions of the Observatory on Violence against Women will be:

(a) Collect, process, record, analyze, publish and disseminate periodic and systematic and comparable diachronically and synchronically information on violence against women;

(b) Promote the development of studies and research on the evolution, prevalence, types and modalities of violence against women, its consequences and effects, identifying those social, cultural, economic and political factors that are somehow associated with or may constitute a source of violence;

(c) Incorporate the results of its research and studies in the reports that the national State raises to regional and international agencies on violence against women;

(d) To conclude cooperation agreements with public or private agencies, national or international, in order to interdisciplinaryly articulate the development of studies and research;

(e) Create an information network and disseminate to the public the collected data, studies and activities of the Observatory, through a website of its own or linked to the National Council for Women portal. Create and maintain a permanent and open-ended documentary base for citizens;

(f) Review and disseminate good practices in the prevention and eradication of violence against women and innovative experiences in this area in order to be adopted by those national, provincial or municipal agencies and institutions that consider it;

(g) Carry out actions with government agencies with competence in the field of women ' s human rights to monitor the implementation of policies to prevent and eradicate violence against women, to assess their impact and to develop proposals for actions or reforms;

(h) To promote and promote the regular organization and holding of public debates, with the participation of research centres, academic institutions, civil society organizations and representatives of public and private agencies, national and international with competence in the field, promoting the exchange of experiences and identifying issues and issues relevant to the public agenda;

(i) Provide training, advice and technical support to public and private agencies for the implementation of the Registers and Protocols;

(j) To articulate the actions of the Observatory of Violence against Women with other Observatorys that exist at the provincial, national and international levels;

(k) Publish the annual report on activities undertaken, which should contain information on studies and research undertaken and proposals for institutional or policy reforms. It will be disseminated to the citizenry and raised to the competent authorities in the matter for appropriate action.

ARTICLE 15. . Integration. The Observatory on Violence against Women will consist of:

(a) A person appointed by the Presidency of the National Women ' s Council, who will serve as the Directorate of the Observatory, must have accredited training in social research and human rights;

(b) A suitable interdisciplinary team in the field.

PART III

PROCEDURES

CHAPTER I

GENERAL PROVISIONS

ARTICLE 16. Minimum rights and guarantees of judicial and administrative proceedings. State agencies shall ensure to women, in any judicial or administrative procedure, in addition to all the rights recognized in the National Constitution, the International Treaties on Human Rights ratified by the Argentine Nation, the present law and the laws which consequently are enacted, the following rights and guarantees:

(a) To the free trial and legal sponsorship, preferably specialized;

(b) To obtain a timely and effective response;

(c) To be heard personally by the judge and the competent administrative authority;

(d) To be taken into account at the time of reaching a decision affecting it;

(e) To receive urgent and preventive judicial protection when any of the rights set forth in article 3 of this Act are threatened or violated;

(f) To protect your privacy, ensuring the confidentiality of the proceedings;

(g) To participate in the procedure by receiving information on the state of the case;

(h) To receive humanized treatment, avoiding revictimization;

(i) To the extent of evidence to prove the facts reported, taking into account the special circumstances in which acts of violence are carried out and those of their natural witnesses;

(j) To object to inspections of your body outside the strict framework of the court order. In the case of consenting to them and in the legal expert, the right to be accompanied by someone of their trust and to be made by specialized and gender-sensitive professional staff;

(k) Efficient mechanisms are available to denounce staff for non-compliance with established deadlines and other irregularities.

ARTICLE 17. . Administrative procedures. Local jurisdictions may establish pre- or post-judicial procedures for the enforcement of this law, which will be applied by municipalities, communes, promotional commissions, boards, delegations of the Provincial Councils of Women or decentralized areas, justices of peace or bodies they deem appropriate.

ARTICLE 18. . Denuncia. Persons performing in care, social, educational and health services, in the public or private spheres, who, on the occasion of or on the occasion of their tasks, shall be obliged to make complaints, as appropriate, even in cases where the act does not set up a crime.

CHAPTER II

PROCEDURES

ARTICLE 19. Scope of application. Local jurisdictions, within their jurisdictions, shall rule their rules of procedure or adhere to the procedural regime provided for in this Act.

ARTICLE 20. . Procedure characteristics. The procedure will be free and superb.

ARTICLE 21. Reporting. The submission of the complaint of violence against women may be made before any judge/judge of any court or court or before the Public Prosecutor ' s Office, in oral or written form.

The complainant ' s identity shall be kept.

ARTICLE 22. Competition. The judge who is competent on the basis of the matter according to the types and forms of violence in question shall deal with the case.

Even in the event of incompetence, the judge may order the preventive measures he deems appropriate.

ARTICLE 23. . Police exhibition. In the event that a police service is made available only and the possible existence of violence against women arises from it, it is appropriate to refer it to the competent judicial authority within VEINTICUATRO (24) hours.

ARTICLE 24. People who can file a complaint. Complaints may be made:

(a) For women who consider themselves affected or their legal representative without restriction;

(b) The girl or adolescent directly or through her legal representatives in accordance with Law 26.061 on the Comprehensive Protection of the Rights of Girls, Children and Adolescents;

(c) Any person who has a disability, or who, by his or her physical or mental condition, cannot formulate it;

(d) In cases of sexual violence, the woman who has suffered it is the only one entitled to make the complaint. When the same is done by a third party, the woman will be summoned to ratify or rectify in VEINTICUATRO (24) hours. The competent judicial authority shall take the necessary precautions to prevent the case from taking public status.

(e) The criminal complaint shall be binding on any person working in care, social, educational and health services, in the public or private sphere, who, on the occasion of or on the occasion of their tasks, shall be aware that a woman suffers from violence whenever the facts may constitute a crime.

ARTICLE 25. Protective assistance. At all levels of the process, the presence of an accompanying person as an ad honórem protective aid shall be admitted, provided that a woman suffering violence so requests and with the sole purpose of preserving her physical and psychological health.

ARTICLE 26. Urgent preventive measures.

(a) During any stage of the proceedings, the judge may, on his or her own initiative or at the request of a party, order one or more of the following preventive measures in accordance with the types and modalities of violence against women defined in Articles 5 and 6 of this Law:

a. 1. Order the prohibition of bringing the alleged offender closer to the place of residence, work, study, recreation or places of habitual participation of women suffering from violence;

a.2. Order the alleged aggressor to cease acts of disturbance or intimidation which, directly or indirectly, commits to women;

a.3. Order the immediate restitution of the personal effects to the petitioner party, if it has been deprived of them;

a.4. Prohibit the alleged aggressor from the purchase and possession of weapons, and order the abduction of those in possession;

a.5. Provide measures to provide those who suffer or exercise violence, where required, medical or psychological assistance through public bodies and civil society organizations with specialized training in the prevention and care of violence against women;

a.6. Order security measures in the home of women;

a.7. Order any other measures necessary to ensure the safety of women suffering from violence, stop the situation of violence and prevent the recurrence of any acts of disturbance or intimidation, aggression and ill-treatment of the offender against women.

(b) Without prejudice to the measures set out in subparagraph (a) of this article, in cases of domestic violence against women, the judge may order the following urgent preventive measures:

b.1. To prohibit the alleged offender from disposing, disposing, destroying, concealing or transferring property from marital society or the commons of the living couple;

b.2. Order the exclusion of the aggressive party from the common residence, regardless of the ownership thereof;

b.3. To decide to return to the home of the woman if she had withdrawn, after exclusion from the housing of the alleged offender;

b.4. Order the public force, the accompaniment of the woman suffering violence, at her home, to remove her personal effects;

b.5. In the case of a couple with children, a provisional food quota shall be set, if appropriate, in accordance with the working history of the case and in accordance with the rules governing the matter;

b.6. In the event that the victim is a minor, the judge, through a well-founded decision and taking into account the opinion and right to be heard by the girl or adolescent, may grant the custody to a member of his family group, for consanguinity or affinity, or to other members of the extended family or community.

b.7. Order the provisional suspension of the visiting regime;

b.8. Order the alleged aggressor to refrain from interfering, in any way, in the exercise of the custody, upbringing and education of the children;

b.9. To have the inventory of the marital property of the marital society and of the assets of those who exercise and suffer violence. In the case of living couples, the inventory of the assets of each will be available;

b.10. To grant the exclusive use to women who suffer violence, for the period they deem appropriate, of the furniture of the house.

ARTICLE 27. Faculty of the judge. The judge may issue more than one measure at a time, determining the duration of the measure according to the circumstances of the case, and must establish a maximum period of duration of the measure, by a well-founded one.

ARTICLE 28. Audience. The intervening judge shall set a hearing, which shall be taken personally under the penalty of nullity, within CUARENTA and OCHO (48) hours of ordering the measures of article 26, or if none of them were taken, from the moment he took notice of the complaint.

The alleged aggressor shall be obliged to appear under the notice of being brought before the court with the assistance of the public force.

At that hearing, he will listen to the parties separately under the penalty of nullity, and order any measures he deems relevant.

If the victim of violence is a child or adolescent, the provisions of Act No. 26.061 on the Comprehensive Protection of the Rights of Girls, Children and Adolescents should be included.

Mediation or conciliation hearings are prohibited.

ARTICLE 29. . Reports. Where possible the judge may require a report by an interdisciplinary team to determine the physical, psychological, economic or other harm suffered by women and the danger in which they are found.

Such a report shall be forwarded within 48 hours, in order that it may apply other measures, interrupt or cease any of the measures referred to in article 26.

The intervening judge may also consider the reports produced by the interdisciplinary teams of the public administration on the physical, psychological, economic or other harm suffered by women and the situation of danger, avoiding the production of new reports revictimizing them.

It may also consider reports of professionals from relevant civil society organizations in the treatment of violence against women.

ARTICLE 30. . Test, principles and measures. The judge shall have broad powers to order and promote the proceedings, and may have the necessary measures to investigate the events, to locate the whereabouts of the alleged offender, and to protect those at risk of new acts of violence, guiding the principle of obtaining the material truth.

ARTICLE 31. . Resolutions. It will govern the principle of wide probationary freedom to accredit the reported facts, evaluating the evidence offered in accordance with the principle of sound criticism. The presumptions that contribute to the demonstration of events shall be considered, provided that they are serious, precise and consistent indications.

ARTICLE 32. . Sanctions. In the absence of the ordered measures, the judge may evaluate the desirability of modifying the measures, and may extend or order others.

In the face of a further non-compliance and without prejudice to the civil or criminal responsibilities that are appropriate, the judge shall apply any of the following penalties:

(a) Warning or call of attention for the act committed;

(b) Communication of acts of violence to the body, institution, union, professional association or workplace of the perpetrator;

(c) Mandatory assistance of the aggressor to reflective, educational or therapeutic programmes aimed at changing violent behaviours.

In addition, when non-compliance creates disobedience or another offence, the judge must make the case known to the judge with criminal jurisdiction.

ARTICLE 33. . Appeal. Resolutions granting, rejecting, interrupting, modifying or providing for the cessation of any of the urgent preventive measures or imposing sanctions shall be appealable within the time limit of THREE (3) working days.

The appeal against resolutions granting urgent preventive measures shall be granted in relation to and with a return effect.

The appeal against decisions that provide for the interruption or cessation of such measures shall be granted in relation to and with suspensive effect.

ARTICLE 34. Follow-up. During the proceedings, for the time appropriate, the judge shall control the effectiveness of the measures and decisions taken, either through the appearance of the parties to the court, as often as ordered, and/or through the intervention of the interdisciplinary team, who shall produce periodic reports on the situation.

ARTICLE 35. . Repair. The injured party may claim civil redress for damages, according to the common rules governing the matter.

ARTICLE 36. . Obligations of officials/a. Police, judicial, health officers, and any other public official to whom the women concerned come, are obliged to report on:

(a) The rights granted by law to women suffering from violence, and to government services available for their care;

(b) How and where to drive to be assisted in the process;

(c) How to preserve the evidence.

ARTICLE 37. . Records. The Supreme Court of Justice of the Nation shall carry sociodemographic records of the complaints made concerning acts of violence provided for in this law, specifying, at a minimum, age, marital status, profession or occupation of women who suffer violence, as well as the perpetrator; link with the perpetrator, nature of the facts, measures taken and their results, as well as the penalties imposed on the offender.

The courts involved in the cases of violence provided for in this Act shall submit the relevant information for such registration annually.

Access to records requires substantial grounds and prior judicial authorization, ensuring the confidentiality of the identity of the parties.

The Supreme Court of Justice of the Nation will draw up public access statistics that will make it possible to know, at a minimum, the characteristics of those who exercise or suffer violence and their modalities, the link between the parties, the type of measures taken and their results, and the type and quantity of sanctions applied.

ARTICLE 38. Collaboration of public or private organizations. The judge may request or accept as amicus curiae the collaboration of public or private organizations or entities dedicated to the protection of the rights of women.

ARTICLE 39. Exemption of loads. The proceedings established in this Act shall be exempt from the payment of seals, fees, deposits and any other tax, without prejudice to the provisions of article 68 of the Code of Procedure, Civil and Commercial of the Nation in matters of coastline.

ARTICLE 40. Supplementary rules. Procedural regimes, according to the types and forms of violence reported, will be supplemented.

PART IV

FINAL PROVISIONS

ARTICLE 41. In no case shall the conduct, acts or omissions provided for in this Act matter the creation of new criminal types, or the modification or derogation of those in force.

ARTICLE 42. Law 24.417 on Protection against Family Violence shall apply in cases of domestic violence not provided for in this Act.

ARTICLE 43. Provisions necessary for the implementation of this Act shall be provided annually in the General Budget Act of the National Administration.

ARTICLE 44. The law shall enter into force from its publication in the Official Gazette of the Nation.

ARTICLE 45. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE ONCE DAYS OF THE MARCH OF THE YEAR DOS MIL NEW.

_

JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.