Articles 435 through 445 of the Civil and Commercial Code define the legal dissolution of a marriage. A marriage can be dissolved due to the death of a spouse, because a spouse is missing and presumed dead, or through divorce (Article 435). Any waiver of the right to request divorce is null and void (Article 436). Divorce is only by judicial decree and can be at the request of one or both spouses (Article 437).
Articles 558 through 564 of the Civil and Commercial Code define the methods that establish parentage and describe parentage via medically assisted reproduction. In Argentina, parentage can be established via natural birth, via medically assisted reproduction, or via adoption (Article 558). The government must not label or differentiate birth certificates by parentage method (Article 559).
Article 638 defines parental responsibility as the set of parental duties and rights relating to the person and property of the children for the children’s protection, development, and education while they are minors. These responsibilities are governed by three principles set out in article 639: a) the best interests of the child; b) the progressive autonomy of the child based on their psychophysical characteristics, aptitudes, and development.
Articles 699 through 704 of the Civil and Commercial Code define the circumstances that lead to the termination, removal, suspension, or reinstatement of parental responsibility. Parental responsibility naturally terminates at the death of the parent or child, when the child turns 18 or is emancipated, or at the adoption of the child by a third party without prejudice (Article 699).
Article 80 of the Penal Code focuses on the types of homicide punishable by life in prison. These crimes include, among others: (i) homicide of a relative, an ex-spouse, or someone that the perpetrator was in a relationship with, regardless of cohabitation; (ii) homicide via cruelty, treachery, or insidious form; (iii) homicide of a victim with a bounty; (iv) homicide for pleasure, greed, or hate against the victim’s race, gender, sexual orientation, or gender identity or expression; and (v) homicide by a man against a woman involving gender violence (i.e., femicide).
Articles 119-120, 125, 127-128, 130, and 131 of the Penal Code focus on crimes against sexual integrity in Argentina. A person who sexually abuses a person under the age of 13 through violence, threat, coercion, or intimidation, in instances where the person takes advantage of a relationship of dependence, authority, power or the inability of the victim to freely give consent, is subject to imprisonment between 6 months to 4 years.
A person who takes, hides, or imprisons a pregnant woman in order to force the woman or a third party to do, not do, or tolerate something against his or her will is subject to imprisonment of between 10 to 25 years. A person who kidnaps or hides a pregnant woman to obtain a ransom is subject to imprisonment of between 10 to 25 years. If perpetrator obtains the desired gain, the minimum penalty will be raised to eight years.
Articles 85 to 88 of the Argentine Penal Code (“APC”), recently amended by Law 27610, deal with abortion. In particular, Article 85 APC (paragraph 1) provides that an abortion performed on a person without their consent, or (paragraph 2) after the fourteenth week of pregnancy, is punishable.
The Constitution sets forth the Argentine Republic’s fundamental principles, values, norms, and guarantees, including (among other enumerated rights and protections) the following:
On July 6, 2016, the plaintiff notified the defendant-employer of her pregnancy and intention to take maternity leave. As of the date of notification, the plaintiff held a temporary executive position. On July 11, 2016, the defendant notified the plaintiff that her temporary designation as an executive was of no effect. The defendant subsequently provided a maternity compensation package beginning on the date her temporary designation was revoked, but it did not reflect her higher earnings as a temporary executive. The court of first instance granted the plaintiff ma
