1.1 What are the relevant statutes and codes?
The relevant legislation is as follows:
- National Law 23.179: Approval of the Inter-American Convention of the Abolishment of all Forms of Discrimination Against Women
- National Law 24.417: Protection Against Family Violence
- National Law 25.087: Crimes Against Sexual Integrity, Criminal Code, Amendment
- Law 26.364: Prevention and Banning of Sexual Slavery and its Victim's Assistance
- Law 24.485: Integral Protection of Women Law
- Law 26.791: Penalties Amendment for Gender Violence, Criminal Code and Procedural Criminal Code
- Law 26.842: Sexual Slavery and its Victim's Assistance, Prevention and Banning, Criminal Code and Procedural Criminal Code
- Law 26.879: Incorporation of the National Registry of Generic Data Related to Sexual Integrity Crimes
- Law 27.210: Incorporation of the Lawyers College for Gender Violence Victims, Within the Scope of the Secretary of Justice of the Ministry of Justice and Nation's Human Rights
- Law 27.234: Educate in Equality: Prevention and Banning of Gender Violence
- Law 27.352: (Argentine) National Criminal Code
- Law 27.363: Amendment to the National Civil and Commercial Code, Privation of Parental Responsibility
- Law 27.452: Indemnity Principles for Children and Youths
- Law 27.499: Micaela Law of Mandatory Training on Gender Matters to all People that Integrate the Three Estate Powers
- Law 27.501: Law No. 26.885, Amendment, Addition as Modality of Woman Violence the Street Harassment
- Decree 522/2017: Regulation to Law 26.879
- National Decree 2.385/93: Sexual Harassment in the National Public Administration
- Decree 235/96: Regulation to Law 24.417
1.2 What is the controlling case law?
Prevailing case law shows that civil courts tend to take an approach in favor of the victim. However, the long proceedings before the courts cause damage to the victims awaiting a favorable solution.
1.3 What are the specific parts of the court system that address domestic violence?
The following entities address domestic violence:
- family civil courts (family civil judges)
- auxiliary entities:
- the National Council for the Minor and the Family, which must provide law-technical support in cases required by the competent courts
- a specialized police force within the Argentine Federal Police, which is incorporated to act in aid of the family civil courts
- information and counseling centers for physical and psychological violence, which have the purpose of advising and guiding violence victims
1.4 What are potential causes of action?
They are as follows:
- domestic violence:
- physical and psychological violence
- nonfulfillment of parenthood obligations set forth by the applicable law
- sexual abuse or harassment, whether domestic or not