Body of Lawyers and Lawyers for Victims of Gender Violence. Creation. Functions.
Sanctioned: November 04, 2015
Enacted in Fact: November 23, 2015
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Create the Body of Lawyers and Lawyers for Victims of Gender Violence, within the scope of the Justice Department of the Ministry of Justice and Human Rights of the Nation, which will have the task of guaranteeing access to justice for women. persons who are victims of gender-based violence in line with the provisions of the Law 26,485 on Comprehensive Protection to Prevent, Punish and Eradicate Violence Against Women in the Areas in which they Develop Their Interpersonal Relations and to make the exercise and enjoyment of the rights enshrined in this and other rules related to the exercise effective problems.
They will serve as the Corps of Lawyers and Lawyers for Victims of Gender Violence:
(a) Provide free legal sponsorship and comprehensive legal advice throughout the national territory to persons who are victims of gender-based violence in all their types and modalities established in law 26,485 as well as that exercised for reasons of identity gender or sexual orientation in order to ensure their access to justice in a timely and effective manner;
b) Develop coordination and cooperation mechanisms with other agencies of the Executive Branch, the Judicial Branch and the Public Ministry of Defense and Public Prosecutor, whether they are national, provincial or local, in order to provide a response efficient, both in administrative and judicial offices;
c) Celebrate conventions and coordinate actions with professional colleges, academic institutions and civil society organizations to provide free, specialized legal assistance;
d) Carry out training, technical training, regulatory updating and awareness-raising activities aimed at operators of the justice system and other actors involved in the comprehensive approach to gender-based violence;
e) To disseminate the services of legal sponsorship and comprehensive legal advice in the different jurisdictions, agencies, entities and dependencies of the National Public Administration;
f) Make recommendations and legislative proposals on gender-based violence;
(g) Encourage the production and dissemination of reports and research related to the causes, nature, severity and consequences of gender-based violence, as well as the effectiveness of the measures implemented to prevent and repair their effects, and the efficiency of the actions of the agencies involved in their prevention, punishment and eradication;
h) Promote the unification of criteria for the recording of information on facts and cases of gender-based violence, compiling statistics and disseminating them periodically.
The Corps of Lawyers and Lawyers for Victims of Gender Violence will be in charge of a (1) Executive Director, who will have rank and hierarchy of State Secretary.
ARTICLE 4 °-
The Executive Director of the Corps of Lawyers and Lawyers for Victims of Gender Violence will be appointed by the national executive branch and must meet the following requirements:
a) To be an Argentine citizen and to hold a lawyer's degree issued by a national university;
(b) to credit five (5) years of seniority in the registration;
(c) Credit experience and knowledge in the field of gender and family law violence.
The Executive Director of the Corps of Lawyers and Lawyers for Victims of Gender Violence will have the following duties and duties:
a) To exercise the leadership of the staff of the Corps of Lawyers and Lawyers for Victims of Gender Violence;
(b) to dictate and enforce the rules of procedure of the Body;
(c) Promote the continuous training of the members of the Corps;
(d) Approve and coordinate the implementation of the annual operational plan;
e) Establish the rules and requirements for the admission of requests for legal sponsorship to constitute as a plaintiff in criminal cases of gender-based violence;
f) Promote the institutional relations of the Corps and conclude agreements with public or private organizations, national or foreign, to achieve their objectives, either independently or in coordination with other organizations with competence in the field;
(g) Raise the preliminary draft budget of the body;
(h) Manage the resources from the national budget and the assets of the body;
(i) Accept inheritances, legacies, donations and grants assigned to it by public or private bodies, national or foreign;
(j) Promote and manage the procurement of public and private resources and funds, both local and foreign, to meet the objectives of the Corps;
k) Proceed to the preparation and publication of the Annual Report of the Body.
The Corps of Lawyers and Lawyers for Victims of Gender Violence will have an Interdisciplinary Advisory Commission for the comprehensive approach to gender-based violence, which will be made up of professionals from at least university degrees in the areas of law, social sciences and health that demonstrate expertise in gender issues as well as work experience of no less than five (5) years. The members of the Commission shall perform their duties on an ad honorem basis. The tasks of the Commission shall be:
(a) Auxiliary the Executive Director of the Corps, as well as other legal professionals involved in the causes of gender-based violence that so require, providing specialized technical advice in order to seek a comprehensive approach;
b) Promote the unification of criteria and the systematization of relevant information among the various organizations and organizations involved in the reception of reports of gender-based violence for the purpose of preventing revictimizations and unnecessary judicialization of cases requiring other type of approach;
c) Propose recommendations for actions and remedial measures related to types and modalities of violence against gender that do not constitute a crime;
(d) to carry out risk reports in the context of gender-based violence, where necessary;
e) To raise awareness among the members of the Corps as well as other actors involved in the comprehensive approach to gender-based violence.
The members of the Corps of Lawyers and Lawyers for Victims of Gender Violence will be reviewed within the Specialized Grouping of the National Public Employment System in accordance with the provisions of Decree 2.098 of December 3, 2001. 2008 and its amendments, as a specific guideline in the terms set out in Article 12 thereof.
Its entry will proceed through the regime of opposition contests and antecedents under the modality provided by article 52 of the aforementioned National System.
Members of the Corps will not be able to practice law in a private manner in cases of gender-based violence.
Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE FOUR DAYS OF NOVEMBER OF THE YEAR TWO THOUSAND FIFTEEN.
-REGISTERED UNDER NO 27210-
BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.