Law 26364 is aimed at preventing and sanctioning the trafficking of persons and supporting trafficking victims in Argentina. Articles 2 and 3 define trafficking as the recruitment, transfer, reception, or shelter of people for the purposes of exploitation. Article 3 explicitly makes clear that consent by a minor is invalid. Under Article 4, exploitation exists when: a person is…
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Law 27736 amends Law 26485 and seeks to protect women’s dignity, reputation, and identity online. Article 4 (amending Article 6 of Law 26485) clarifies that digital violence is considered violence against women. In the law’s context, digital violence is any conduct, act, or omission based on gender that is committed in part…
Law 27501, enacted on April 16, 2019, amends the Comprehensive Protection Law for Women (Law 26485) to address public space harassment, often to as “street harassment,” as a distinct form of violence against women. The legislation aims to protect the dignity, integrity, and freedom of women by tackling the issue of unsolicited and…
Articles 2444 through 2461 outline Argentina’s forced heirship system. The system vests certain individuals with the right to succeed the decedent and have certain portions of the decedent´s estate reserved for them, regardless of the decedent’s testamentary instrument or testamentary gifts. Article 2444 defines such forced heirs as including descendants, ascendants, and spouses. Article 2445 dictates that descendants have the right to two-thirds of the estate of the deceased…
Law 27696, the Mandatory Medical Program of National Social Works for the integral treatment of victims of gender violence, was enacted on November 10, 2022, to grant medical and preventative treatment for victims of gender-based violence through the Mandatory Medical Program (PMO) (Article 1). To achieve its objective, Law 27696 requires all healthcare institutions, at the national and local level, to adopt plans that monitor gender-based violence and grant adequate measures…
Law 26485, the Comprehensive Protection Law for Women, was enacted on July 20, 2010 to eliminate discrimination between men and women, protect women’s right to live a life without violence, and to affirm the access to justice for women who suffer from violence (Article 1, letters (a), (b), and (f), respectively). Pursuant to such affirmed objectives, Law 26485 sets forth the affirmation of each and every right protected by the …
Law 23592, Exercise of Constitutional Rights and Guarantees: Measures Against Discriminatory Acts, criminalizes certain types of discrimination in Argentina. Article 1 ensures that Argentines can exercise all their fundamental rights and guarantees recognized in the Constitution and lists race, religion, nationality, ideology, political opinion, opinion on unions, sex, economic position, social condition, and physical characteristics as its bases for discrimination. Articles…
Law 26743 codifies the definition of gender identity and ensures its protections. Article 2 defines gender identity as an internal and individual experience which may or may not correspond to an individual's sex assigned at birth. Article 1 recognizes the right for a person to be recognized and freely develop in accordance with their gender identity, including government identification. Article 11 recognizes the right to access affirmation surgery and hormone treatment…
Law 27636 is aimed at achieving inclusion and equality of trans people in an employment context. Article 7 of the law affirms the right for trans people to work, and the right to not be discriminated against for the duration of their employment. Article 5 requires that federal government entities have at least 1% of their workforce be trans people. Articles 10 and 11 encourage the private sector to take up similar measures by, respectively, requiring the government to…
Law 25674 seeks to increase the participation and leadership of women within labor unions. The law partially amends Law 23551, which codifies the regulatory regime for labor unions. Article 1 requires collective bargaining units to have a proportional number of women as delegates as there are women workers in the branch or activity. Article 3 (amending Article 18 of…