Veto Bill 23852 - Its Veto - Full Text Of The Rule

Original Language Title: VETO PROYECTO DE LEY 23852 -SU VETO - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Decree 2229/90

See Bill No.23.852.

Bs. As., 23/10/90

VISTO draft Law No. 23,852, adopted on 27 September 1990, and communicated by the HONORABLE CONGRESS OF NATION for the purposes of article 69 of the NATIONAL CONSTITUTION, and


That the bill added a paragraph to article 33 of Law 17.531 of Military Obligatory Service, except for the conscription service to those who had suffered the disappearance - before December 10, 1983 - of their parents or siblings, in circumstances that presumed that such disappearance was forced and whenever so requested.

That the rule requires that a person requesting the exemption; prior to the sanction of the Act he has denounced the disappearance to the competent authorities.

That, in this regard, the rule is considered to be observable as it establishes that the granting of the exception is based on the mere denunciation of the disappearance before the SUBSECRETARIA ON HUMAN RIGHTS OF THE MINISTERY OF INTERIOR, the former NATIONAL COMMISSION ON THE DISAPPEARANCE OF PERSONS or other competent authority.

That, for that reason, the rule in question should have included in its text the requirement that the person reported as missing has been declared judicially "absent to presumption of death", in accordance with the current civil law.

That in this way the situation of manifest inequality would have been avoided that there would be - to thrive the observed legal norm - among those exempted from compulsory military service for having lost their family members in war deeds in defense of the Homeland (Art. 2nd Law 22.944) and those exempted by the simple denunciation of disappearance of unconfirmed family members.

That, under such observations, the enactment of the Draft Reference Law is not considered timely and appropriate.

That the present is given in the use of the powers conferred on the NATIONAL EXECUTIVE POWER by article 72 of the NATIONAL CONSTITUTION.




Article 1 - See draft Law No. 23,852, adopted on 27 September 1990.

Art. 2° - Contact, post, give to the National Directorate of the Official Register and archívese - DUHALDE - Humberto Romero.