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).
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.
Do statutes that limit the amount a political party can donate in coordination with a political candidate violate the First Amendment?
This case asks the Court to determine whether 52 U.S.C. § 30116 of the Federal Election Campaign Act (“FECA”) violates the First Amendment rights of political parties wishing to coordinate donations for their preferred candidates’ political campaigns. FECA was established to set a cap on a political party’s coordinated expenditures to prevent circumvention of contribution limits. Petitioners, National Republican Senatorial Committee (“NRSC”), National Republican Congressional Committee (“NRCC”), former Senator J.D. Vance, and former Representative Stephen Chabot (collectively “NRSC”), argue that the limits on coordinated party expenditures violate the First Amendment because they infringe their speech and political association rights. NRSC further argues that Colorado II, a case in which the Supreme Court previously upheld coordinated party expenditure limits, should not control this case. The Court-appointed attorney Roman Martinez, invited to support the judgment below, argues that the coordinated party expenditure limits are necessary to achieve the government interest in preventing quid-pro-quo corruption between donors and candidates, and that Colorado II must control this case’s outcome. Martinez further highlights several justiciability concerns. The outcome of this case could impact political corruption deterrence and Congress’ ability to regulate campaign finance.
Whether the limits on coordinated party expenditures in 52 U.S.C. § 30116 violate the First Amendment, either on their face or as applied to party spending in connection with "party coordinated communications" as defined in 11 C.F.R. § 109.37.
Congress enacted the Federal Election Campaign Act (“FECA”) in 1972 to regulate political campaign spending. National Republican Senatorial Committee v. Federal Election Commission (“NRSC v. FEC”) at 4. The FECA imposes a variety of limits on individual contributions to political parties and on political parties’ campaign spending.
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.
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.
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.
Law 27580 ratified the International Labour Organization’s Convention 190 on violence and harassment in the labor context. Convention 190 is an international treaty adopted by the International Labour Organization in 2019 to address violence and harassment in the workplace. It defines these terms broadly, including gender-based violence and harassment, and provides a framework for countries to prevent and respond to such behaviors.
Law 11317 originally sought to protect women in the workforce and end child labor. While most of the law has been repealed and replaced with modern labor standards, a prohibition on women working certain jobs considered to be dangerous or unhealthy, remains. Said prohibition was explicitly brought forward in Article 192 of Law 20744, which itself had repealed and replaced many other provisions of Law 11317.
Law 26844 expands the protections of Law 20744 (which defines the fundamental rules of the employer–employee relationship in Argentine law) to domestic workers. By explicitly applying the regime of Law 20744 where the law is silent, domestic workers are protected from the forms of discrimination to which Law 20744 applies.
Law 20744, the Employment Contract Law, defines the fundamental rules of the employer–employee relationship, including its validity and the rights and obligations of the parties, for any employment contract executed within Argentine territory. The law includes sex as a covered basis for discrimination in the treatment of employees (Article 18) and in the type of employment contracts or collective bargaining agreements available and attached salaries (Article 187).
