PROTECTION AGAINST FAMILY VIOLENCE Decree 235/96 Rule Act No. 24,417.

Bs. As., 7/3/96

VISTO Law No. 24,417 on Protection against Family Violence and the Recording of the Ministry of Justice No. 100,664/95, and

CONSIDERING:

That by Resolution M.J. No. 255 of 18 May 1995, a Commission was established to develop a draft Rule of Law Decree quoted in the Hittite.

That Law has created a legal regime to protect persons from physical or mental injury or ill-treatment inflicted by some or some of the members of the family group to which they belong.

That it is necessary to proceed with regulation, in order to implement a system that allows the full application of the regulations sanctioned by the HONORABLE CONGRESS OF NATION.

That the present decree is issued in the use of the powers conferred by article 99 (2) of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 . Information and advisory centres. Information and counselling centres on physical and psychological violence will operate in the agencies mentioned below. These centres will have the purpose of advising and guiding the presenters on the scope of Law No. 24,417 and on the resources available for the prevention and care of the cases covered by it.

The centres will be made up of qualified staff to perform their duties and by professionals with specialized training in family violence.

The respective facilities will be composed of staff that are already reviewed in the National and MUNICIPAL PUBLIC ADMINISTRATION.

The centres will operate in:

(a) Hospitals dependent on the SECRETARIAT OF HEALTH OF MUNICIPALITY OF THE CIUDAD OF GOOD AIRES that are designated for this purpose.

(b) COMUNITARY JURIDIC ATTENTION CENTERS under the SECRETARIAT OF LEGISLATIVE MATTERS OF THE MINISTERY OF JUSTICE.

(c) NATIONAL COUNCIL OF THE LESSOR AND FAMILY.

(d) NATIONAL COUNCIL OF WOMEN.

(e) GENERAL DIRECTION OF WOMEN under SUBSECRETARIA FOR PROMOTION AND DEVELOPMENT OF MUNICIPALITY OF THE CITY OF GOOD AIRES.

(f) SCOLARES DISTRICTs through the "Prevention and containment of Family Violence of the SECRETARIAN EDUCATION OF MUNICIPALITY OF THE CIUDAD OF GOOD AIRES", for the school environment.

The agencies in which these centres operate are empowered to rule on their integration, conduct and functioning, under the coordination of the Ministry of Justice.

Art. 2o . Register of complaints. The NATIONAL COUNCIL OF THE LESSOR AND THE FAMILY shall carry a Register of Complaints, by aggressor and by victim, in which the data arising from the complaint form which, as Annex I, is part of this decree should be specified. The Register will also take note of the outcome of the proceedings.

The Register shall adequately protect the privacy of the persons included therein.

The NATIONAL MENOR AND FAMILY Council will be responsible for the development of a programme to record data on family violence, which will contain complaints and communications received from relevant agencies.

Art. 3o . Form. All complainants must complete the complaint form mentioned in Article 2.

Art. 4o . Obligation to denounce the acts of violence. The complaint obligation referred to in article 2 of Act No. 24,417 shall be fulfilled within a maximum period of SETENTA and DOS (72) hours, unless, in consultation with the programme provided for in the third paragraph of article 2 of this regulation, the case may be found under the care or, for reasons based on the complainant ' s opinion, the time limit should be extended.

Art. 5o . Legal assistance: Legal aid is not required to make complaints. Free legal assistance is ensured to persons who require it and do not have sufficient resources through the Office of the Ombudsman for the Poor, Incapaces and Absent in Civil and Commercial matters, from the CENTRES de ATENCION JURIDICA COMUNITARIA dependent on the SECRETARIAT OF LEGISLATIVE MATTERS of MINISTERIO DE JUSTICE and the legal offices of the Ministry of Justice.

The MINISTERY OF JUSTICE will open and carry a REGISTRATION OF NON-GOVERNMENTAL ORGANIZATIONS (O.N.G.) in which those in a position to provide free legal assistance may be noted. The provision shall be governed by agreements that the MINISTERY OF JUSTICE shall subscribe to these institutions, which may include the commitment of the entities to provide specialized training on issues of family violence.

For the same purpose, the MINISTERY of JUSTICE will be able to conclude agreements with the FACULTAD OF RIGHT AND SOCIAL SCIENCES of the UNIVERSITY OF GOOD AIRES and the PUBLIC COLEGIO OF ABOGADOS de la CAPITAL FEDERAL.

Art. 6th . Interdisciplinary body. Consider, within the scope of the MINISTERY OF JUSTICE, an Interdisciplinary Body of professionals with specialized training in family violence that should provide technical support in cases required by the National Courts of First Instance in the Civil, with competence in family matters. Its headquarters will be close to those courts, provided that the competent jurisdictional agency has adequate facilities for this purpose.

Art. 7o . Report and diagnosis. The body referred to in the previous article shall, within the time of VEINTICUATRO (24) hours, issue a preliminary diagnosis to allow the judge to evaluate the risk situation and to facilitate the decision regarding the precautionary measures provided for in article 4 of Law No. 24.417. The preliminary diagnosis will not be required when the judge does not consider it necessary for the complaint accompanied by a diagnosis produced by professionals or public or private institutions suitable for family violence or consistent programme reports provided for in Article 2 of this regulation.

Art. 8o . Diagnosis of family interaction. Without prejudice to the action of the appropriate judicial assistants, for the diagnosis of family interaction provided for in article 3 of Act No. 24.417, the competent judge shall have:

(a) Of the services provided by specialized public institutions and institutions for this purpose registered in the relevant registry.

(b) The Interdisciplinary Body provided for in article 6 of this regulation.

The treatment indicated may be derived from public or private institutions which are registered in the registry established in article 9 of the present decree, whose coordination and follow-up of cases will be carried out by the NATIONAL COUNCIL OF THE LESSOR AND FAMILY.

The NATIONAL MENOR AND FAMILY Council shall inform judges of the institutions where the aggressor and/or his family group will be ensured, free medical and psychological assistance.

Art. 9th . Registration of Interdisciplinary Teams. Conventions. The NATIONAL MENOR AND FAMILY COUNCIL will carry a REGISTRATION OF NON-GOVERNMENTAL ORGANIZATIONS (O.N.G.) in which those in a position to provide interdisciplinary equipment for the diagnosis and treatment of family violence can be noted. The provision shall be governed by agreements to be signed with the Ministry of Justice and the NATIONAL COUNCIL of the LESSOR and the FAMILY, which shall determine the requirements for the integration of the professional team, scope of its work and eventual tariff on third parties.

Art. 10. . Evaluation Agency. For the purposes set out in the preceding article, the NATIONAL COUNCIL OF THE LESSOR AND FAMILY shall be responsible for the evaluation of services and programmes in private institutions, based on the minimum requirements, which shall be pre-established by that agency. The same commission will be carried out in relation to public institutions.

Art. 11. . Specialized Police Corps. The MINISTERIO DEL INTERIOR will provide for the formation of a specialized police corps, duly trained, within the ARGENTINA FEDERAL POLICE and with personnel who review in the agency itself, to act in aid of the National Judges of First Instance in Civil Matters with competence in family matters that require it. This Body will also provide its services to individuals in situations of family violence. Upon the request of the competent judge, he shall forcibly appear to those who are summoned by the judge and shall carry out the exclusions of the home and other measures which, for personal security reasons, are available to the judges.

Art. 12. . Use of Corps Specialized by Criminal Judges. The Interdisciplinary Corps provided for in Article 6 and the Specialized Police Corps under Article 11 of this Decree shall also be at the disposal of the criminal judges requiring it.

Art. 13. . Dissemination of the purpose of Law No. 24.417. The Ministry of Justice will coordinate the programmes developed by the various agencies to develop campaigns to prevent family violence and disseminate the aims of Law No. 24.417.

Art. 14. . Human resources. The attention of the services provided for in Article 1 and the integration of the Interdisciplinary Body contemplated in Article 6 of this Decree shall be implemented with the human and material resources existing in the NATIONAL AND MUNICIPAL PUBLIC ADMINISTRATION. To this end, the staff dependent on such administrations shall be summoned to meet the relevant professional skills and wish to integrate the aforementioned services, for which the corresponding subscriptions shall be made.

Art. 15. . Invitation to the Provinces. The MINISTERY OF INTERIOR shall extend invitations to the Provinces, in order to ensure that these rules of equal nature are provided for in Act No. 24.417 and this Decree.

Art. 16. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. Rodolfo C. Barra.

Annex I

Family Violence Reporting Form