Argentina

The law has 45 articles. 

The objective of this law is to promote and guarantee: 

• the elimination of discrimination between women and men in all aspects of life; 

• the right of women to live a life free from violence; the appropriate conditions to raise awareness and prevent, punish, and eradicate discrimination and violence against women in all its manifestations and contexts; 

• the development of inter-institutional public policies on violence against women; 

• the elimination of sociocultural patterns that promote and sustain gender inequality and power relations over women; 

• access to justice for women who suffer violence; 

• comprehensive assistance for women who suffer violence in state and private areas that carry out programmatic activities aimed at women and/or in specialized violence services; 

• and the rights and digital assets of women, as well as their development and permanence in the digital space. 

This law defines political violence as any act that is aimed at: “undermining, nullifying, impeding, obstructing or restricting women's political participation, violating their right to a political life free from violence and/or their right to participate in public and political affairs on equal terms with men”. (Article 6) 

There is no specific provision for the definition of protected persons for political violence, but it is assumed that it applies to women in office. The law illustrates institutional violence against women as acts “that (are) carried out by officials, professionals, staff and agents belonging to any public body, entity or institution, which has the purpose of delaying, hindering or preventing women from having access to public policies and exercising the rights provided for in this law. Also included are those exercised in political parties, unions, business, sports and civil society organizations.” 

The law illustrates the modes of public-political violence against women as: “that which, based on gender reasons, through intimidation, harassment, disgrace, discredit, persecution, harassment and/or threats, prevents or limits the proper development of political life or access to political rights and duties, violating current regulations regarding the political representation of women, and/or discouraging or undermining the political exercise or political activity of women, which may occur in any space in the public and political life, such as state institutions, voting precincts, political parties, social organizations, union associations, media, among others.” (Article 6) 

The law is structured under the following headings: objectives; scope of application; protected rights; types of violence against women and modalities; guiding principles; obligations of varying ministers and bodies; the Observatory on Violence Against Women, its functions; minimum rights and guarantees; minimum rights and guarantees of women in judicial and administrative proceedings; administrative procedures; obligation to report; jurisdiction of cases; persons who have the capacity to report; protective assistance; urgent preventive measures; court proceedings; sanctions and reparations. 

7 key provisions of this law are: 

1. Obligation to promote policy at Cabinet level: Article 11 imposes an obligation on the Office of the Chief of the Cabinet of Ministers – Secretariat of Cabinet and Public Management to promote specific policies that implement regulations on sexual harassment in national public administration; and to ensure equal rights and treatment in public employment. 

2. Establishment of an Observatory: Chapter IV of the law provides for the establishment of the Observatory on Violence Against Women, meant for monitoring and reporting data on violence against women and promoting awareness of this data to the public. Another one of its functions also include researching on good practices in the prevention and eradication of violence against women and disseminate them for adoption in appropriate organisations and institutions. 

3. Filing of complaint regardless of whether a crime was committed: Article 18 imposes an obligation for persons working in the public sphere to file complaints if they become aware of an act of violence against women that falls under the definition of this act, even if the act does not constitute a crime. 

4. Protective assistance and preventive measures: Article 25 permits the presence of a companion for protection purposes during all stages of the court proceedings, should the victim request for one for the purpose of preserving her physical and psychological health. 

5. Urgent preventive measures: Article 26 accords the judge the power that at the request of a party, to order the following preventive measures: prohibit the aggressor from approaching places frequented by the victim (e.g. residence, place of work and study, place of recreation etc); order the aggressor to cease any acts of disturbance or intimidation to the victim, order immediate return of the victim’s personal items; prohibit the aggressor from procuring any weapon or to have any weapons in his/her possession seized; order either the victim or aggressor to seek medical or psychological assistance; order for security measures at the victim’s home; impose a no-contact order; order, with way of a reasoned order, digital platform companies to remove content that constitute an act of digital violence towards the victim; prohibit the offender to destroy or conceal or transfer marital property; issue a domestic exclusion order; order custody of any children or minors involved; or prevent the aggressor from exercising his visitation or custody rights. 

6. Reparation measures: Article 35 provides that the injured party can claim civil damages in accordance with the common rules governing the matter. 

7. Sanctions: Article 32 provides that in the event of noncompliance with the measures ordered by the judge, the judge has the power to reassess the measures and evaluate if it is reasonable to modify, expand or order them. The judge may also order one or more of the following sanctions: a warning or reprimand for the act of noncompliance; communicating the act of noncompliance to the aggressor’s workplace or affiliated organisations; mandate attendance of the aggressor in therapeutic programs aimed at modifying violent behaviour. If the noncompliance involves disobedience or another crime, the judge must bring the case to the attention of a judge with criminal jurisdiction.