The Argentine Constitution (amended in 1994) guarantees the equality of both genders and prohibits any form of discrimination against women. Nonetheless, the image of women conveyed in society is heavily influenced by sexism and a traditional view of the family.
The National Council for Women was established in 1992 to promote women’s participation in society and ensure that the international treaties ratified by Argentina (in particular the Convention on the Elimination of All Forms of Discrimination against Women) are applied in practice. According to a 2002 report by the Committee on the Elimination of Discrimination against Women (CEDAW), women head almost one-third of Argentine households.
Argentine law provides women a very high degree of protection within the family. The statutory minimum age at which people can marry is 16 for women and 18 for men. As a result, early marriage is quite common. A 2004 United Nations report estimated that 12 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is not practised in Argentina. The law on civil marriages guarantees equality between the spouses, particularly in relation to parental authority, both during the marriage and when it is dissolved. Maintaining the family following divorce is difficult for women in that a large number of men do not meet their obligation to make child support payments. In 2001, the government passed legislation to tackle this problem more effectively.
There is no discrimination in respect of inheritance; women are fully entitled to inherit on the same basis as men.
The degree of protection of physical integrity of Argentine women is reasonably high. However, despite relatively comprehensive legislation in this area, the problem of violence against women has increased in recent years. In 1999, legislation was passed on offences that violate sexual integrity, introducing the concept of sexual abuse and a broader definition of rape. However, the need to provide proof of a sexual injury resulting from the rape is often seen as an obstacle for victims.
Similarly, despite the development of a legal framework designed to address the problem of domestic violence, it also remains quite common (although few reliable statistics are available). Legislation on protection from domestic violence was passed in 1994, and applies in 20 out of 23 states. This legislation offers those who have suffered domestic violence protection, civil redress, welfare and psychological support and the removal of the violent spouse from the marital home. When violence involves a crime against sexual integrity, it is punishable by a sentence of up to 20 years in prison.
Female genital mutilation is not practised in Argentina and there is no evidence to suggest it is a country of concern in relation to missing women.
Argentine law supports financial independence for women. Although the law views women as equal in regard to access to land, access to property other than land, and access to bank loans, in practice they often face economic discrimination. For example, many women work on small farms but have only limited access to land and are very vulnerable to poverty. To resolve this issue, the government has initiated several projects to benefit women living in rural communities.
Women’s civil liberties are well respected in Argentina. The law guarantees freedom of movement for women and there do not seem to be any restrictions on this freedom in practice. The choice of residence is decided on jointly by both spouses. Women also have freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2000), Considerations of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Argentina, Fourth Periodic Report of States Parties, CEDAW/C/ARG/4, CEDAW, New York, NY.
CEDAW (2002), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Argentina, Fifth Periodic Report of States Parties, CEDAW/C/ARG /5, CEDAW, New York, NY.
CEDAW (2004), Considerations of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Argentina, Follow-up to the Fourth and Fifth Periodic Reports of State Parties, CEDAW/C/ARG/Add.1, CEDAW, New York, NY.
JICA (Japan International Cooperation Agency) (2002), Country WID Profile, Argentina, JICA Planning and Evaluation Department, Tokyo.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007a), Country Reports on Human Rights Practices: Argentina, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
US Department of State (2007b), International Religious Freedom Report: Argentina, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
