Argentina

Head of state and government

Cristina Fernndez de Kirchner

Women pregnant as a result of rape continued to face obstacles in

accessing legal abortions, despite a Supreme Court ruling affirming
this right. Indigenous Peoples land rights remained unfulfilled.
Trials to end impunity for human rights violations committed during
the military regime (1976-83) continued.
Background
In October, Argentinas human rights record was examined under the UN
Universal Periodic Review. Recommendations were made on issues including
sexual and reproductive rights, Indigenous Peoples rights, freedom from
torture and migrants rights.
Investigations in Argentina based on universal jurisdiction continued during
the year into crimes committed in Spain between 1936 and 1977 including
the period of the Spanish Civil War and the Franco regime.
In May, a law was passed allowing people to change their names and sexes
on official documents without the approval of a judge or doctor. This was an
important step towards the recognition of the rights of transsexual people.
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Indigenous Peoples rights
In July, the UN Special Rapporteur on the rights of indigenous peoples
published a report expressing concerns about issues including the lack of
measures to protect Indigenous Peoples rights to their lands and natural
resources. The report also highlighted the failure to comply with Emergency
Law 26.160 which prohibits the eviction of Indigenous communities pending
a nationwide survey to define Indigenous territories.
A draft law to reform the Civil Code, which included measures that affect
Indigenous Peoples rights to their traditional lands, was before Parliament at
the end of the year. Indigenous Peoples expressed concern that their views
had not been sought while the law was being discussed.

In March, the Supreme Court of Justice held a public hearing about

obstacles preventing the Toba Qom community of La Primavera,
Formosa province, from claiming traditional lands. In November, a
Federal Court dropped the charges against Indigenous leaders Flix
Daz and Amanda Asikak in connection with a roadblock erected in
2010. The judges argued that the roadblock was the only protest
measure available to them. Threats and acts of intimidation against
Flix Daz and members of his family remained a concern. In August,
Flix Daz was hit by a truck while he was on his motorbike. Witnesses
said the truck belonged to the family that owns the traditional land
claimed by the community. The driver fled and the accident had not
been investigated by the end of the year.

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Womens rights
In March, a Supreme Court ruling established that any woman or girl
pregnant as a result of rape should have access to safe abortion without the
need for judicial authorization. However, lack of compliance with the ruling in
several parts of the country remained a concern. Following the Supreme
Court ruling, the Parliament of Buenos Aires City passed legislation to allow
legal abortions, without the requirement for judicial involvement, for rape
survivors and in cases where carrying the pregnancy to term would place the
womans life at risk. However, the law was vetted by the governor leaving
Buenos Aires under previous legislation that does not comply with the
Supreme Courts decision.
In October, a Buenos Aires court prevented a 32-year-old woman from
having an abortion. She was a victim of trafficking and her pregnancy
was the result of rape. A public outcry followed and the Supreme Court
overturned the lower courts decision. The woman was eventually able
to access abortion services.
Concerns remained at the lack of full implementation of the legislation to
prevent and punish violence against women passed in 2009, including the
failure to collect reliable data.

Legislation was passed making gender-based motivation an aggravating

factor in homicides.
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Impunity
Progress continued in securing prosecutions and convictions of those
responsible for grave human rights violations under military rule (19761983).
In June, former military officer Alfredo Omar Feito and former federal

police officer Pedro Santiago Godoy were sentenced to 18 and 25

years imprisonment respectively for the torture and unlawful
detention of 181 people in the clandestine detention centres of Primer
Cuerpo del Ejrcito Atltico, Banco and Olimpo.
Former Argentine Presidents Jorge Rafael Videla and Reynaldo Bignone
were convicted in July of the systematic kidnapping of children and
sentenced to 50 and 15 years imprisonment respectively.
In October, three former marines were sentenced to life imprisonment
in connection with the Trelew massacre in which 16 political
prisoners were executed after an attempt to escape from a prison in
Chubut province in 1972.

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Torture and other ill-treatment and prison conditions
In November, the establishment of a national mechanism for the prevention
of torture was approved.
In July, video footage appeared on the internet showing at least five police
officers torturing two detainees in the police detention office of General
Gemes, Salta province. The footage which was allegedly filmed in 2011
shows the detainees being beaten up and suffocated with a bag.
Investigations into the torture remained open at the end of the year.