What challenges does the classification of femicide as an autonomous crime present in the Argentine Penal Code?
The society in which we live continues to be tinged with macho overtones, so the attempt to classify femicide as an autonomous crime requires a transformation at the social level that accompanies it.
The increase in penalties for crimes has not led to fewer crimes being committed. This demonstrates that the classification of femicide as an autonomous crime would be useful to make visible the fight against this type of crime and the importance of them in the conjunctural space that finds us, although a great deal of work is still pending at a social level to prevent its commission which, at At least for the moment, it does not have an appropriate legislative response.
What measures can be adopted to prevent and punish the forced disappearance of women and LGTBIQ+ people in the country?
To prevent, from the field of criminal law, the most important thing is the first contact of the victim with the State (for that matter, the public official who receives the complaint).
Any complaint that implies gender violence must be addressed in depth since they are the ones that could lead to a femicide or a forced disappearance. This implies deploying the necessary state tools to protect the victim, their free legal assistance, advice on the different existing protection measures, and comprehensive support for them; and that all of this not only remains within the framework of legislation (such as the enacted Law 26,485 on comprehensive protection to prevent, punish and eradicate violence against women in the areas in which they develop their interpersonal relationships) but that it be put into practice.
If the victim is not contained and supported from the beginning, it increases the possibility of not denouncing the perpetrator in the face of any other fact, preventing the progress of justice in the case.
The State, in this sense, has advanced in its development -mainly with the obligatory nature of the courses to address these cases with a gender perspective-, although there is still work to be done.
In order to achieve the final sanction, it would seem useful to create a technical body specialized in this type of issue that, by permanently hiring experts in the field, and upon presentation of a case that has the characteristics of these crimes, can work together with the Public Prosecutor’s Office to produce the expected results with greater efficiency, effectiveness and in less time, making impunity impossible.
What role does the principle of due diligence play in the investigation of cases of femicide and forced disappearance?
Due diligence, which is a standard of action of the judicial system when dealing with this type of case, which was developed mainly at the international level (See CEDAW, Art. 7 “B”), plays a fundamental role by demanding a greater effort on the part of the authorities to guarantee the rights of the victims and to investigate these crimes. In the event of non-compliance, the State is held responsible, which has caused these issues to be treated and addressed at the national level, both to avoid this international responsibility and to make the application of this due diligence effective. Along these lines, for example, the Women’s Office contemplated this principle as one of the main ones when acting in cases of domestic violence.
However, it is not just about acting duly and diligently. It also implies the prevention of discrimination against women, the adoption of measures tending to deepen this prevention, access to adequate and effective judicial remedies, the protection of the groups that are most vulnerable to this type of crime, among others.
What mechanisms exist to guarantee comprehensive reparation to the victims and their families in these cases?
Although there is still no specific regulation in this regard, we can establish that comprehensive reparation constitutes restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. However, in turn, we must consider that Article 35 of the Comprehensive Protection Law provides for reparation only through the classic route of damages. Likewise, Law 26,791 on femicide did not establish specific reparation measures in the case of femicide or attempt, so in criminal matters the institute of art. 29 of the Penal Code.
by CEDOC
