Carmen Argibay
Encyclopedia
Carmen María Argibay is a member of the Argentine
Supreme Court of Justice
. She was the first woman to be nominated for the Court by a democratic government in Argentina, and caused some controversy upon declaring herself an atheist
and a supporter of legal abortion
.
, becoming a lawyer on 11 June 1964. She worked in a number of public judicial offices and taught in several universities, until 1976. On 24 March of that year, a coup d'état
started the dictatorship of the National Reorganization Process
. The military junta had her arrested, without formal charges, and held her in prison until December. After being released she devoted herself to private law practice.
After the return of democratic rule, on 7 June 1984, she was appointed judge in a criminal court in Buenos Aires. She was promoted in 1988 and again in 1993, and finally retired from her post on 1 January 2002.
Argibay is a member of the International Association of Penal Law, and a founding member of the International Association of Woman Judges, over which she presided from 1998 to 2000. She also founded the Association of Woman Judges of Argentina.
She took part as a judge in the Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery
, which gathered in December 2000 to try Japanese military for war crime
s, particularly on the issue of "comfort women
".
In June 2001 she was appointed ad litem
judge at the International Criminal Tribunal for the former Yugoslavia
(ICTY).
Néstor Kirchner
started to push for its renewal. She was proposed by the President, for the consideration of professional circles and of the public at large, on 30 December 2003. The Senate
approved her designation on 7 July 2004. She became a member of the Court on 3 February 2005, once she was able to step down from her duties at the ICTY. She was the first woman ever nominated by a democratic government for a post of the highest court of law of Argentina (Elena Highton, the second, was nominated afterwards, but entered the Court earlier).
Argibay's nomination met resistance from some sectors of society, particularly conservative
sectors of the Roman Catholic Church
, after she went on record stating that she was (politically) "more left
than right
", a "militant atheist
", and supported "the right of women to decide about their own bodies
". Most Argentinians are religious, and 85% are nominally Roman Catholic; abortion is illegal in Argentina
in some cases.
When the nomination was made public, a number of conservative voices criticized her for her atheism and her stance on abortion; a Catholic organization complained that Argibay, who is single and childless, was "not representative of Argentine women." To these criticisms, Argibay replied, "I believe that saying up front who one is or what one thinks is an indication of honesty, which is the first step towards impartiality. My beliefs, or lack thereof, should not interfere in the judicial decisions I take."
Argibay was awarded the 2007 Gruber Prize for Justice
(shared with Chilean judge Carlos Cerda and Peruvian lawyer Mónica Feria) for her promotion of gender equality and eliminating corruption within the justice system.
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
Supreme Court of Justice
Supreme Court of Argentina
The Supreme Court of Argentina is the highest court of law of the Argentine Republic. It was inaugurated on 15 January 1863. However, during much of the 20th century, the Court and, in general, the Argentine judicial system, has lacked autonomy from the executive power...
. She was the first woman to be nominated for the Court by a democratic government in Argentina, and caused some controversy upon declaring herself an atheist
Atheism
Atheism is, in a broad sense, the rejection of belief in the existence of deities. In a narrower sense, atheism is specifically the position that there are no deities...
and a supporter of legal abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
.
Career prior to the Supreme Court
Argibay studied at the Law Faculty of the University of Buenos AiresUniversity of Buenos Aires
The University of Buenos Aires is the largest university in Argentina and the largest university by enrollment in Latin America. Founded on August 12, 1821 in the city of Buenos Aires, it consists of 13 faculties, 6 hospitals, 10 museums and is linked to 4 high schools: Colegio Nacional de Buenos...
, becoming a lawyer on 11 June 1964. She worked in a number of public judicial offices and taught in several universities, until 1976. On 24 March of that year, a coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
started the dictatorship of the National Reorganization Process
National Reorganization Process
The National Reorganization Process was the name used by its leaders for the military government that ruled Argentina from 1976 to 1983. In Argentina it is often known simply as la última junta militar or la última dictadura , because several of them existed throughout its history.The Argentine...
. The military junta had her arrested, without formal charges, and held her in prison until December. After being released she devoted herself to private law practice.
After the return of democratic rule, on 7 June 1984, she was appointed judge in a criminal court in Buenos Aires. She was promoted in 1988 and again in 1993, and finally retired from her post on 1 January 2002.
Argibay is a member of the International Association of Penal Law, and a founding member of the International Association of Woman Judges, over which she presided from 1998 to 2000. She also founded the Association of Woman Judges of Argentina.
She took part as a judge in the Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery
Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery
The Women's International War Crimes Tribunal on Japan's Military Sexual Slavery was a people's tribunal convened to gather testimony from victims, and then, based on international laws that were in place during World War II, to try groups and individuals for rape or sexual slavery, i.e., forcing...
, which gathered in December 2000 to try Japanese military for war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s, particularly on the issue of "comfort women
Comfort women
The term "comfort women" was a euphemism used to describe women forced into sexual slavery by the Japanese military during World War II.Estimates vary as to how many women were involved, with numbers ranging from as low as 20,000 from some Japanese scholars to as high as 410,000 from some Chinese...
".
In June 2001 she was appointed ad litem
Ad litem
Ad litem is a term used in law to refer to a party appointed by a court to act in a lawsuit on behalf of another party—for instance, a child or an incapacitated adult—who is deemed incapable of representing him or herself...
judge at the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ICTY).
Nomination to the Supreme Court
Argibay was one the first Justices who entered the Argentine Supreme Court when PresidentPresident of Argentina
The President of the Argentine Nation , usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.Through Argentine history, the...
Néstor Kirchner
Néstor Kirchner
Néstor Carlos Kirchner was an Argentine politician who served as the 54th President of Argentina from 25 May 2003 until 10 December 2007. Previously, he was Governor of Santa Cruz Province since 10 December 1991. He briefly served as Secretary General of the Union of South American Nations ...
started to push for its renewal. She was proposed by the President, for the consideration of professional circles and of the public at large, on 30 December 2003. The Senate
Argentine Senate
The Argentine Senate is the upper house of the Argentine National Congress. It has 72 senators: three for each province and three for the Autonomous City of Buenos Aires...
approved her designation on 7 July 2004. She became a member of the Court on 3 February 2005, once she was able to step down from her duties at the ICTY. She was the first woman ever nominated by a democratic government for a post of the highest court of law of Argentina (Elena Highton, the second, was nominated afterwards, but entered the Court earlier).
Argibay's nomination met resistance from some sectors of society, particularly conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
sectors of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, after she went on record stating that she was (politically) "more left
Left-wing politics
In politics, Left, left-wing and leftist generally refer to support for social change to create a more egalitarian society...
than right
Right-wing politics
In politics, Right, right-wing and rightist generally refer to support for a hierarchical society justified on the basis of an appeal to natural law or tradition. To varying degrees, the Right rejects the egalitarian objectives of left-wing politics, claiming that the imposition of equality is...
", a "militant atheist
Atheism
Atheism is, in a broad sense, the rejection of belief in the existence of deities. In a narrower sense, atheism is specifically the position that there are no deities...
", and supported "the right of women to decide about their own bodies
Pro-choice
Support for the legalization of abortion is centered around the pro-choice movement, a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy....
". Most Argentinians are religious, and 85% are nominally Roman Catholic; abortion is illegal in Argentina
Abortion in Argentina
Abortion in Argentina is strictly limited by law. Until 2007 there were no confirmed figures of performed abortions; health authorities estimated 500,000 per year , in most cases presumably illegal and often outside proper sanitary conditions. Around 80,000 patients per year are hospitalized due to...
in some cases.
When the nomination was made public, a number of conservative voices criticized her for her atheism and her stance on abortion; a Catholic organization complained that Argibay, who is single and childless, was "not representative of Argentine women." To these criticisms, Argibay replied, "I believe that saying up front who one is or what one thinks is an indication of honesty, which is the first step towards impartiality. My beliefs, or lack thereof, should not interfere in the judicial decisions I take."
Argibay was awarded the 2007 Gruber Prize for Justice
Gruber Prize for Justice
The Gruber Prize for Justice is one of five international prizes awarded by The Peter and Patricia Gruber Foundation, an American non-profit organization based in the U.S. Virgin Islands with offices in New York City...
(shared with Chilean judge Carlos Cerda and Peruvian lawyer Mónica Feria) for her promotion of gender equality and eliminating corruption within the justice system.