{"id":1926,"date":"2017-11-04T08:11:42","date_gmt":"2017-11-04T08:11:42","guid":{"rendered":"http:\/\/www.endcorporalpunishment.net\/?page_id=1926"},"modified":"2019-07-31T12:38:33","modified_gmt":"2019-07-31T11:38:33","slug":"argentina","status":"publish","type":"page","link":"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/argentina\/","title":{"rendered":"Argentina"},"content":{"rendered":"\n            <div class=\"separator- glacier-section\"  id=\"section-69d7992dab841\">\n            <div class=\"container\">\n                <section>\n                    \n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-6 col-md-3\" style=\"background: transparent  \">\n\t\n\n\n<a href=\"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/argentina-es\/\" target=\"_self\" style=\"border-radius: 100px;\" class=\"btn btn-default  \">\n     Leer en espa\u00f1ol<\/a>\n\n<\/div>\n\n<div class=\"col-xs-12 col-sm-12 col-md-9\" style=\"background: transparent  \">\n\t\n<div class=\"heading-block text-left heading-block-line\">\n\t<h2 class=\"special-heading\" >Country Report for Argentina<\/h2>\n\t<\/div><div class=\"text-block shortcode-container\" >\n\t<p>LAST UPDATED: June 2018<\/p><\/div><\/div><\/div>\n\n\n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-12\" style=\"background: transparent  \">\n\t\n<div class=\"vertical\">    <ul class=\"nav nav-tabs\" role=\"tablist\">\n                    <li class=\"active\"><a href=\"#tabs-69d7992dac0ab0\" role=\"tab\" data-toggle=\"tab\"> Summary<\/a><\/li>\n                    <li ><a href=\"#tabs-69d7992dac0ab1\" role=\"tab\" data-toggle=\"tab\"> Legality <\/a><\/li>\n                    <li ><a href=\"#tabs-69d7992dac0ab2\" role=\"tab\" data-toggle=\"tab\"> UPR<\/a><\/li>\n                    <li ><a href=\"#tabs-69d7992dac0ab3\" role=\"tab\" data-toggle=\"tab\"> Treaty bodies<\/a><\/li>\n                    <li ><a href=\"#tabs-69d7992dac0ab4\" role=\"tab\" data-toggle=\"tab\"> Research<\/a><\/li>\n            <\/ul>\n\n    <div class=\"tab-content\">\n                    <div class=\"tab-pane active\" id=\"tabs-69d7992dac0ab0\">\n                <h3><a name=\"_Toc197483693\"><\/a>Summary of necessary legal reform to achieve full prohibition<\/h3><p>Law reform has been achieved. Corporal punishment is unlawful in all settings, including the home.<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d7992dac0ab1\">\n                <h3>Home<\/h3><p>On 7 October 2014, the President of Argentina promulgated the new Civil and Commercial Code. Title VII of the Code addresses parental responsibility, including Chapter 2 providing for general rules on the duties and rights of parents. In this context, article 647 states (unofficial translation): \u201cAll forms of corporal punishment, ill-treatment and any act that physically or mentally injures or impairs children and adolescents are prohibited\u2026.\u201d<\/p><p>The new Code came into force in January 2016. Prior to reform, corporal punishment was lawful under the Civil Code 1869, article 278 of which stated: \u201cParents have the power to correct the behaviour of their minor children or have it corrected. This power must be exercised in moderation, without abuse, punishment or acts that injure or harm the child physically or psychologically. Judges must safeguard minors against excessive correction by their parents, ordering the cessation of such acts and relevant sanctions if appropriate.\u201d The Government had stated that this article, in light of other legal provisions against physical and mental abuse of children, did not allow corporal punishment in childrearing,<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a> and had also stated that corporal punishment was prohibited in the Law for the Integral Protection of Children and Adolescents 2005 under the provisions against violence.<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a> However, while these laws protected children from severe corporal punishment there was no clear prohibition of all corporal punishment. With the enactment of the new Civil and Commercial Code, legal clarity was achieved that all corporal punishment, without exception, is prohibited.<\/p><p>&nbsp;<\/p><h3>Alternative care settings<\/h3><p>Corporal punishment is unlawful in alternative care settings under the prohibition in article 647 of the new Civil and Commercial Code. In addition, Act No. 26657 and Decree No. 603\/2013 reportedly \u201cprohibit the use of isolation and medication as forms of punishment\u201d.<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a><\/p><p>&nbsp;<\/p><h3>Day care<\/h3><p>Corporal punishment is unlawful in early childhood care and in day care for older children under the prohibition in article 647 of the new Civil and Commercial Code.<\/p><p>&nbsp;<\/p><h3>Schools<\/h3><p>Corporal punishment is unlawful in schools under the Civil and Commercial Code 2014. Previously it was considered unlawful under laws that protect the dignity of students. Article 5 of the Federal Education Law 2000 recognises the child\u2019s right to dignity and well-being and states that this must be respected in setting guidelines for educational policy; the Law on the School Coexistence System 1999 protects the child\u2019s right to physical integrity (art. 6) and does not list corporal punishment among permitted sanctions in schools; article 9 of the Law for the Integral Protection of Children and Adolescents also applies (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Penal institutions<\/h3><p>Corporal punishment is unlawful as a disciplinary measure in penal institutions. According to the Government\u2019s written replies to the Committee on the Rights of the Child in 2010, article 32 of Annex I Resolution No. 991\/09 2009 \u2013 which approved the General Rules for Centres of Closed Regime, the Procedural Protocol for allegations of mistreatment and the Procedural Protocol for Incidents between Young People in Centres of Closed Regime \u2013 explicitly prohibits corporal punishment for teenagers deprived of their liberty in the criminal justice system.<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a> Article 9 of the Law for the Integral Protection of Children and Adolescents also applies (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Sentence for crime<\/h3><p>Corporal punishment is unlawful as a sentence for crime. Article 18 of the Constitution 1994 abolishes whipping and any kind of torture. There is no provision for corporal punishment as a sentence for crime under Act 22,803 on young offenders or in the Code of Criminal Procedure.<\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 23 April 2010, CRC\/C\/ARG\/Q\/3-4\/Add.1, Reply to list of issues, paras. 152, 153 and 154<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 13 May 2008, A\/HRC\/8\/34, Report of the working group, para. 38<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> 31 October 2017, CRC\/C\/ARG\/5-6, Fifth\/sixth report, para. 125<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> 23 April 2010, CRC\/C\/ARG\/Q\/3-4\/Add.1, Reply to list of issues, para. 241<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d7992dac0ab2\">\n                <h3>Universal Periodic Review of Argentina\u2019s human rights record<\/h3><p>Argentina was examined in the first cycle of the Universal Periodic Review process in 2008 (session 1). The following recommendation was made:<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a><\/p><p>\u201c\u2026 Austria mentioned the reference made in the national report to the \u2018Ley de Protecci\u00f3n Integral de las ni\u00f1as, ni\u00f1os y adolescentes\u2019 adopted in 2005 and the firm commitment of national courts to providing special protection for the child\u2019s best interest in accordance with the CRC. In this regard, Austria asked for further information on the measures taken for the protection of children from all forms of physical or mental violence as provided for in the CRC and recommended that corporal punishment in the family and schools be explicitly prohibited by law.\u201d<\/p><p>The Government did not clearly accept or reject the recommendation but stated that corporal punishment is prohibited in the Law for the Integral Protection of Children and Adolescents 2005.<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a><\/p><p>Examination in the second cycle took place in 2012 (session 14). The following recommendation was made:<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a><\/p><p>\u201cProhibit by law all kinds of violence against children including corporal punishment in all settings (Bulgaria)\u201d<\/p><p>The Government accepted the recommendation, though confusingly stated that the acceptance was \u201cwithin the framework of its policies to prevent and combat trafficking in persons\u201d; the Government did not comment specifically on corporal punishment.<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a> As noted above (see under \u201cHome\u201d), prohibiting legislation was enacted in October 2014, to come into force in January 2016.<\/p><p>The third cycle examination took place in 2017 (session 28). Although prohibition was enacted in 2014, Sweden mistakenly \u201cnoted the lack of a general prohibition of corporal punishment of children\u201d.<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a> The following recommendations were made:<a href=\"#_ftn6\" name=\"_ftnref6\">[6]<\/a><\/p><p>\u201cStrengthen legislation aimed at protection of children from all forms of ill-treatment and violence (Bahrain);<\/p><p>\u201cAdopt legislation prohibiting all forms of corporal punishment of children in all settings (Sweden)\u201d<\/p><p>The Government supported the recommendations.<a href=\"#_ftn7\" name=\"_ftnref7\">[7]<\/a><\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 13 May 2008, A\/HRC\/8\/34, Report of the working group, para. 22<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 13 May 2008, A\/HRC\/8\/34, Report of the working group, para. 38<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> 12 December 2012, A\/HRC\/22\/4, Report of the working group, para. 99(66)<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> 21 February 2013, A\/HRC\/22\/4\/Add.1, Report of the working group: Addendum, para. 22<\/p><p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> 22 December 2017, A\/HRC\/37\/5, Report of the working group, para. 93<\/p><p><a href=\"#_ftnref6\" name=\"_ftn6\">[6]<\/a> 22 December 2017, A\/HRC\/37\/5, Report of the working group, paras. 107(160) and 107(161)<\/p><p><a href=\"#_ftnref7\" name=\"_ftn7\">[7]<\/a> 1 March 2018, A\/HRC\/37\/5\/Add.1 Advance unedited version, Report of the working group: Addendum, para. 22<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d7992dac0ab3\">\n                <h3>Recommendations by human rights treaty bodies<\/h3><h3>Committee on the Rights of the Child<\/h3><p>(1 June 2018, CRC\/C\/ARG\/CO\/5-6 Advance unedited version, Concluding observations on fifth\/sixth report, para. 20)<\/p><p>\u201cThe Committee welcomes the prohibition of corporal punishment in all settings. With reference to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee recommends that the State party ensure that the prohibition of corporal punishment is adequately monitored and enforced in all settings. It further recommends that positive, non-violent and participatory forms of child rearing and discipline are promoted through awareness campaigns, and that steps be taken to ensure that offenders are brought before the competent administrative and judicial authorities.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(21 June 2010, CRC\/C\/ARG\/CO\/3-4, Concluding observations on third\/fourth report, paras. 46, 47 and 48)<\/p><p>\u201cWhile noting the general principle in Act No. 26061 that children are not to be subjected to violent, discriminatory, humiliating or intimidating treatment, the Committee expresses concern at the inclusion in article 278 of the Civil Code of a right of parents to proper correction, which may lead to abuse and corporal punishment. It is further concerned that corporal punishment is not explicitly prohibited outside the home, including in schools, centres of detention and alternative care settings.<\/p><p>\u201cThe Committee recommends that the State party explicitly prohibit by law in all provinces corporal punishment and all forms of violence against children in all settings, including in the family, in schools, in alternative childcare and in places of detention for juvenile offenders, and that it implement those laws effectively. The Committee also recommends that the State party intensify its awareness-raising campaigns with a view to changing perceptions of corporal punishment and in order to promote the use of alternative and non-violent forms of discipline in a manner consistent with the child\u2019s human dignity and in accordance with the Convention, especially article 28, paragraph 2. In this regard, the Committee encourages the State party to take into account the Committee\u2019s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment.<\/p><p>\u201cWith reference to the United Nations Study on Violence against Children (A\/61\/299), the Committee recommends that the State party:<\/p><p>a) take all necessary measures to implement the recommendations contained in the report of the independent expert for the United Nations Study on Violence against children, while taking into account the outcome and recommendations of the regional consultations for Latin America, held in Buenos Aires from 30 May to 1 June 2005. In particular, the Committee recommends that the State party pay particular attention to the following recommendations:<\/p><p>Prohibit by law all violence against children, including corporal punishment in all settings\u2026.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(9 October 2002, CRC\/C\/15\/Add.187, Concluding observations on second report, paras. 38, 39, 62 and 63)<\/p><p>\u201cThe Committee notes with concern that there is no explicit prohibition of corporal punishment under law and that it is still widely practised in the home and in some institutions.<\/p><p>\u201cThe Committee recommends that the State party expressly prohibit corporal punishment in the home and all institutions and carry out public education campaigns to promote positive, non-violent forms of discipline as an alternative to corporal punishment.<\/p><p>\u201cThe Committee \u2026 notes with concern the poor conditions of children in detention, including the lack of adequate basic services such as education and health, the absence of adequately trained staff, and the use of corporal punishment and isolation.<\/p><p>\u201cThe Committee recommends that the State party:<\/p><p>g) take the necessary measures to improve detention conditions\u2026.\u201d<\/p><p>&nbsp;<\/p><h3>Human Rights Committee<\/h3><p>(10 August 2016, CCPR\/C\/ARG\/CO\/5, Concluding observations on fifth report, paras. 15 and 16)<\/p><p>\u201cThe Committee is concerned by the fact that corporal punishment is not explicitly prohibited as a disciplinary measure in the home, in schools, in detention centres or in childcare institutions (arts. 7 and 24).<\/p><p>\u201cThe State party should take steps to put an end to corporal punishment in all domains. It should also promote non-violent forms of discipline as alternatives to corporal punishment and conduct public information campaigns in order to raise awareness among the general public of the prohibition and harmful effects of corporal punishment.\u201d<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d7992dac0ab4\">\n                <h3><a name=\"_Toc197483531\"><\/a>Prevalence\/attitudinal research in the last ten years<\/h3><p>According to UNICEF statistics collected in 2011-2012, 72% of children aged 2-14 experienced violent \u201cdiscipline\u201d (physical punishment and\/or psychological aggression) in the home in the month prior to the survey. Nearly half (46%) experienced physical punishment and 65% experienced psychological aggression (being shouted at, yelled at, screamed at or insulted). A much smaller percentage (4%) of mothers and caregivers thought physical punishment was necessary in childrearing.<\/p><p>(UNICEF (2014), <em>Hidden in Plain Sight: A statistical analysis of violence against children<\/em>, NY: UNICEF)<\/p><p>&nbsp;<\/p><p>A report on the human rights violations perpetrated against approximately 25,000 people \u2013 children and adults \u2013 detained in Argentina\u2019s psychiatric institutions documented many beatings and prolonged use of isolation in cells.<\/p><p>(Mental Disability Rights International &amp; Center for Legal and Social Studies (2007), <em>Ruined Lives: Segregation from Society in Argentina\u2019s Psychiatric Asylums<\/em>)<\/p>            <\/div>\n            <\/div>\n<\/div><\/div><\/div>\n\n                <\/section>\n            <\/div>\n                    <\/div>\n    \n","protected":false},"excerpt":{"rendered":"<p>Leer en espa\u00f1ol Country Report for Argentina LAST UPDATED: June 2018 Summary Legality UPR Treaty bodies Research Summary of necessary legal reform to achieve full prohibitionLaw reform has been achieved. Corporal punishment is unlawful in all settings, including the home. HomeOn 7 October 2014, the President of Argentina promulgated the new Civil and Commercial Code. [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":1301,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"class_list":["post-1926","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1926","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/comments?post=1926"}],"version-history":[{"count":9,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1926\/revisions"}],"predecessor-version":[{"id":14487,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1926\/revisions\/14487"}],"up":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1301"}],"wp:attachment":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/media?parent=1926"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}