ARGENTINA PASSES NEW LAW TO PROTECT WOMEN FROM VIOLENCE

UNCLAS BUENOS AIRES 000391

SIPDIS

DEPT FOR S/TT, G/WI
DEPT ALSO FOR WHA/BSC

E.O. 12958: N/A
TAGS: KWMN KPAO PHUM PREL AR

SUBJECT: ARGENTINA PASSES NEW LAW TO PROTECT WOMEN FROM VIOLENCE

REF: BUENOS AIRES 0317


1. Summary. The Argentine Congress recently passed a law to prevent,
punish, and eradicate violence against women. The new legislation
replaces a national law on domestic violence that considered
violence against women a misdemeanor and only penalized crimes
against sexual integrity. The new law also aspires to change
cultural attitudes by criminalizing the diffusion of stereotypical
images that foment gender-based violence. The UN, Amnesty
International, and a majority of local women's groups applauded the
legislation, but noted that implementation will be a challenge given
that the Congress did not appropriate funds for the law's ambitious
agenda. Justice Ministry officials agree. Nevertheless, the law
demonstrates increased government and public awareness of the need
to develop an effective, coherent and coordinated policy to prevent
and eradicate violence against women. As noted in reftel, the
Ambassador subsequently issued a statement congratulating Congress
for passing the law and wrote to congratulate the legislators who
led the successful effort to pass legislation. Post will continue
to seek opportunities to promote our message that a world free of
violence against women not only advances gender equality, but also
strengthens democracies. End Summary.

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New Law Makes Violence against Women a Federal Crime
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2. On March 11, the Chamber of Deputies passed a law (173-0-5) to
prevent, punish, and eradicate violence against women which the
Senate passed in November 2008. The five abstentions arose from
lawmakers who were concerned that language in the law respecting a
woman's right to decide the number and timing of pregnancies opens
the door to decriminalization of abortion. The new legislation
replaces a national law on domestic violence that only penalized
crimes against sexual integrity. Under the previous law, violence
against women was considered a misdemeanor and failed to recognize
that violence against women can occur outside of their homes.


3. In article 4 of the new law, violence against women is defined
as: "any behavior, act, or omission that directly or indirectly, in
the public or private sphere, based on an unequal relationship of
power, affects the life, freedom, dignity, or physical,
psychological, sexual or economic integrity or security of women."
But the law goes beyond physical violence, condemning psychological
violence that causes "a loss of self-esteem and seeks to degrade
women or control their actions by means of threats, harassment,
bullying, manipulation, isolation, feelings of guilt, demands for
obedience, excessive jealousy, ridicule, etc." It also takes aim at
sexual, economic or symbolic violence in the home, public
institutions or workplace. According to press reports, the new law
makes unequal pay for equal work as well as work requirements
related to age, physical appearance or maternity a violation of
women's rights. The law also covers marital rape, sexual abuse,
human trafficking for the purposes of sexual exploitation, violence
or abuse during childbirth and obstacles to reproductive freedom.
The law does not appear, however, to recognize dating violence,
stalking, or cyberstalking as crimes.


4. The law also aspires to diminish socio-cultural patterns that
encourage gender violence by criminalizing the diffusion of
stereotypical images through any form of communication that promotes
the exploitation or humiliation of women, such as pornographic
messages or images that foment gender-based violence. The law adds
that violence against women includes behavior, actions or omissions
on the part of the state or its agents that aims to delay, impede,
or prevent women from exercising their rights outlined in the law.

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LAW CREATES NEW OBSERVATORY ON VIOLENCE AGAINST WOMEN
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5. The law creates an "Observatory on Violence against Women" under
the National Women's Council. The Observatory's mission will be to
monitor all cases of violence against women in Argentina and
evaluate the effectiveness of public policies to eradicate
gender-based violence. The law calls for the creation of a national
hotline in order to provide victims with immediate care. It also
stipulates that victims of violence should be referred to existing
accommodation, legal and medical assistance programs. Article 9
calls for public awareness campaigns and the development,
publication, and distribution of a service guide that will
distribute information about assistance programs for victims of
gender-based violence.

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WOMEN'S GROUPS WELCOME NEW LAW, HIGHLIGHT CHALLENGES
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6. The United Nations Population Fund (UNPF),the United Nations
Development Fund for Women (UNIFEM),Amnesty International and a
majority of local women's groups applauded the legislation, but
noted that implementation will be a challenge. News agency "Inter
Press Service", quoted UNPF official Eleonor Faur, as saying that
the law's passage "is excellent news." She also underscored that
the law defines violence against women "in a broad sense," based on
a comprehensive concept of the phenomenon that is not limited to the
family. Faur acknowledged, however, that the GOA faces "an immense
challenge" in turning its promises into reality. She noted that
institutions in charge of enforcing the law will have to be granted
the authority and funds to effectively protect women. The law does
not specifically allocate funds to implement its ambitious agenda,
saying only that the state "will have to be equal to the commitments
assumed, by providing an adequate budget as established by the law."
Amnesty International notes that the total budget for the National
Women's Council is less than one-sixth of what is dedicated to
promoting tourism, and that only a small fraction of the funds goes
toward addressing violence. Two top Ministry of Justice officials
(both women) leading efforts in these areas also told Ambassador on
the margin of the Organization of American States Trafficking in
Persons Conference in Buenow Aires that it will be a big challenge
to implement the law, but it is vital that it now exists.


7. Critics of the law, such as Congresswoman Marcela Rodriguez,
point out that the law does not prescribe penalties for violence
against women. The law's author, Senator Marita Perceval explained
to largest-circulation daily "Clarin" that the law was meant "to
establish basic principles, criteria, and instruments of prevention,
sanction, and ratification" and that the Congress is still working
on developing complementary laws. Some opposition lawmakers have
criticized the law for not taking into account the rights of women
in prison.

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COMMENT
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8. It is heartening that there is increased government and public
awareness of the need to develop an effective, coherent and
coordinated policy to prevent and eradicate violence against women.
According to a report by the local chapter of Amnesty International,
violence against women is a generalized practice in Argentina, in
the home and society. It estimates that in 2008 a woman died every
two days as a result of domestic violence. According to local press
reports, 4.5 million women a year in Argentina suffer some kind of
gender violence and 52,351 complaints of domestic abuse were filed
at the Women's Police Stations in Buenos Aires Province in the first
10 months of 2008.


9. Soon after the law's passage, the Ambassador issued a statement
congratulating Congress for passing the law and wrote to
congratulate the legislators who led the successful effort to pass
legislation (reftel). Post has worked to raise public awareness of
this problem by publishing editorials in leading dailies "Clarin"
and "La Nacion", and highlighting the efforts of the Argentine
government and civil society activists to eradicate violence against
women in all its forms (reftel). We will continue to seek
opportunities to promote our message that a world free of violence
against women not only advances gender equality, but also
strengthens democracies.

WAYNE