What progress and challenges have been registered in terms of legislation and public policies to prevent and punish gender violence in Argentina?
There were great advances in legislative matters and public policies in terms of preventing and punishing gender violence in our country, mainly with the approval of the Convention of “Belém Do Pará”, of supralegal rank, and “CEDAW”, of constitutional hierarchy. that function as a backbone of these issues, as well as a variety of related laws.
However, the main challenge is in practice. Although the progress in legislative matters and the application of these conventions in judicial matters is positive, it is important to highlight that a “non-neutral” perspective is not intended, but that officials must be provided with tools to better address conflicts.
However, recently mandatory training in this matter was also legislated for those who make up the state powers through laws such as 27,499 (“Micaela”), as well as the recent law 27,709 (“Lucio”), aimed at constant training in rights of children and adolescents.
What factors explain the increase in femicides and complaints of gender violence during the covid-19 pandemic?
Taking into account that the social and individual isolation caused by the aggressor over the person attacked is one of the most common control strategies seen in these cases, the confinement that occurred due to the covid-19 pandemic generated the necessary conditions to increase gender violence. The person is isolated with the person who assaults, there is a legal imposition that must be complied with and that limits the ability to leave the home, and on the other hand hinders living conditions and increases economic concerns. All of this undoubtedly produced an increase in situations of violence, which consequently are reproduced in an increase in both femicides and complaints of violence.-
What role does the Judiciary play in addressing cases of gender violence and what measures have been taken to guarantee access to justice for victims?
The Judiciary plays one of the most important roles in addressing this problem, since it is the main body that must promulgate specific attention to this type of case with a gender perspective that allows it to act with greater caution, mainly taking into account that These are issues that frequently occur in privacy, without the presence of witnesses, which is why the victim’s statement becomes more relevant, which must be approached from this perspective.
It should be noted that hard work must be done to put a permanent gender perspective into operation, avoiding addressing a conflict from this perspective and then disregarding it.
Currently, and jurisprudentially, the Judicial System has even opted to deal with this type of case even when the requirements set forth in the Penal Code are not met, for example without criminal action being filed, understanding that it is their duty to guarantee access to justice for people who suffer violence of this nature.
What recommendations would you give to a person who suffers or knows someone who suffers gender violence?
Mainly, I recommend consulting a professional immediately, as well as making a complaint through the various means that were made available for this, including 24-hour service, and understanding that each complaint made brings us closer to having a more adequate justice and with the tools to address this type of case in the best way. Also take into account that there are protection measures directly after the complaint (such as exclusion from the home, the prohibition of approaching or the anti-panic button). Finally, try to contact the different specialized organizations. In short, knowing that you are not alone and that you can trust the institutions.
by CEDOC
