VZCZCXYZ0000
RR RUEHWEB

DE RUEHBU #0391/01 0931412
ZNR UUUUU ZZH
R 031412Z APR 09
FM AMEMBASSY BUENOS AIRES
TO SECSTATE WASHDC 3464

UNCLAS BUENOS AIRES 000391 
 
SIPDIS 
 
DEPT FOR S/TT, G/WI 
DEPT ALSO FOR WHA/BSC 
 
E.O. 12958: N/A 
TAGS: KWMN KPAO PHUM PREL AR
 
SUBJECT: ARGENTINA PASSES NEW LAW TO PROTECT WOMEN FROM VIOLENCE 
 
REF:  BUENOS AIRES 0317 
 
¶1. Summary. The Argentine Congress recently passed a law to prevent, 
punish, and eradicate violence against women.  The new legislation 
replaces a national law on domestic violence that considered 
violence against women a misdemeanor and only penalized crimes 
against sexual integrity.  The new law also aspires to change 
cultural attitudes by criminalizing the diffusion of stereotypical 
images that foment gender-based violence.  The UN, Amnesty 
International, and a majority of local women's groups applauded the 
legislation, but noted that implementation will be a challenge given 
that the Congress did not appropriate funds for the law's ambitious 
agenda.  Justice Ministry officials agree.  Nevertheless, the law 
demonstrates increased government and public awareness of the need 
to develop an effective, coherent and coordinated policy to prevent 
and eradicate violence against women.  As noted in reftel, the 
Ambassador subsequently issued a statement congratulating Congress 
for passing the law and wrote to congratulate the legislators who 
led the successful effort to pass legislation.  Post will continue 
to seek opportunities to promote our message that a world free of 
violence against women not only advances gender equality, but also 
strengthens democracies.  End Summary. 
 
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New Law Makes Violence against Women a Federal Crime 
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¶2.  On March 11, the Chamber of Deputies passed a law (173-0-5) to 
prevent, punish, and eradicate violence against women which the 
Senate passed in November 2008.  The five abstentions arose from 
lawmakers who were concerned that language in the law respecting a 
woman's right to decide the number and timing of pregnancies opens 
the door to decriminalization of abortion.  The new legislation 
replaces a national law on domestic violence that only penalized 
crimes against sexual integrity.  Under the previous law, violence 
against women was considered a misdemeanor and failed to recognize 
that violence against women can occur outside of their homes. 
 
¶3.  In article 4 of the new law, violence against women is defined 
as: "any behavior, act, or omission that directly or indirectly, in 
the public or private sphere, based on an unequal relationship of 
power, affects the life, freedom, dignity, or physical, 
psychological, sexual or economic integrity or security of women." 
But the law goes beyond physical violence, condemning psychological 
violence that causes "a loss of self-esteem and seeks to degrade 
women or control their actions by means of threats, harassment, 
bullying, manipulation, isolation, feelings of guilt, demands for 
obedience, excessive jealousy, ridicule, etc." It also takes aim at 
sexual, economic or symbolic violence in the home, public 
institutions or workplace.  According to press reports, the new law 
makes unequal pay for equal work as well as work requirements 
related to age, physical appearance or maternity a violation of 
women's rights.  The law also covers marital rape, sexual abuse, 
human trafficking for the purposes of sexual exploitation, violence 
or abuse during childbirth and obstacles to reproductive freedom. 
The law does not appear, however, to recognize dating violence, 
stalking, or cyberstalking as crimes. 
 
¶4.  The law also aspires to diminish socio-cultural patterns that 
encourage gender violence by criminalizing the diffusion of 
stereotypical images through any form of communication that promotes 
the exploitation or humiliation of women, such as pornographic 
messages or images that foment gender-based violence.  The law adds 
that violence against women includes behavior, actions or omissions 
on the part of the state or its agents that aims to delay, impede, 
or prevent women from exercising their rights outlined in the law. 
 
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LAW CREATES NEW OBSERVATORY ON VIOLENCE AGAINST WOMEN 
--------------------------------------------- -------- 
 
¶5.  The law creates an "Observatory on Violence against Women" under 
the National Women's Council. The Observatory's mission will be to 
monitor all cases of violence against women in Argentina and 
evaluate the effectiveness of public policies to eradicate 
gender-based violence.  The law calls for the creation of a national 
hotline in order to provide victims with immediate care.  It also 
stipulates that victims of violence should be referred to existing 
accommodation, legal and medical assistance programs.  Article 9 
calls for public awareness campaigns and the development, 
publication, and distribution of a service guide that will 
distribute information about assistance programs for victims of 
gender-based violence. 
 
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WOMEN'S GROUPS WELCOME NEW LAW, HIGHLIGHT CHALLENGES 
--------------------------------------------- ------- 
 
¶6.  The United Nations Population Fund (UNPF), the United Nations 
Development Fund for Women (UNIFEM), Amnesty International and a 
majority of local women's groups applauded the legislation, but 
noted that implementation will be a challenge.  News agency "Inter 
Press Service", quoted UNPF official Eleonor Faur, as saying that 
the law's passage "is excellent news."  She also underscored that 
the law defines violence against women "in a broad sense," based on 
a comprehensive concept of the phenomenon that is not limited to the 
family.  Faur acknowledged, however, that the GOA faces "an immense 
challenge" in turning its promises into reality.  She noted that 
institutions in charge of enforcing the law will have to be granted 
the authority and funds to effectively protect women.  The law does 
not specifically allocate funds to implement its ambitious agenda, 
saying only that the state "will have to be equal to the commitments 
assumed, by providing an adequate budget as established by the law." 
 Amnesty International notes that the total budget for the National 
Women's Council is less than one-sixth of what is dedicated to 
promoting tourism, and that only a small fraction of the funds goes 
toward addressing violence.  Two top Ministry of Justice officials 
(both women) leading efforts in these areas also told Ambassador on 
the margin of the Organization of American States Trafficking in 
Persons Conference in Buenow Aires that it will be a big challenge 
to implement the law, but it is vital that it now exists. 
 
¶7.  Critics of the law, such as Congresswoman Marcela Rodriguez, 
point out that the law does not prescribe penalties for violence 
against women.  The law's author, Senator Marita Perceval explained 
to largest-circulation daily "Clarin" that the law was meant "to 
establish basic principles, criteria, and instruments of prevention, 
sanction, and ratification" and that the Congress is still working 
on developing complementary laws.  Some opposition lawmakers have 
criticized the law for not taking into account the rights of women 
in prison. 
 
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COMMENT 
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¶8.  It is heartening that there is increased government and public 
awareness of the need to develop an effective, coherent and 
coordinated policy to prevent and eradicate violence against women. 
According to a report by the local chapter of Amnesty International, 
violence against women is a generalized practice in Argentina, in 
the home and society.  It estimates that in 2008 a woman died every 
two days as a result of domestic violence.  According to local press 
reports, 4.5 million women a year in Argentina suffer some kind of 
gender violence and 52,351 complaints of domestic abuse were filed 
at the Women's Police Stations in Buenos Aires Province in the first 
10 months of 2008. 
 
¶9.  Soon after the law's passage, the Ambassador issued a statement 
congratulating Congress for passing the law and wrote to 
congratulate the legislators who led the successful effort to pass 
legislation (reftel).  Post has worked to raise public awareness of 
this problem by publishing editorials in leading dailies "Clarin" 
and "La Nacion", and highlighting the efforts of the Argentine 
government and civil society activists to eradicate violence against 
women in all its forms (reftel).  We will continue to seek 
opportunities to promote our message that a world free of violence 
against women not only advances gender equality, but also 
strengthens democracies. 
 
WAYNE