Domestic violence in Argentina
Encyclopedia
Domestic violence
in Argentina
is a serious problem. In Buenos Aires
Province, the special Women's Police Stations and Family's police stations received a daily average of 53 complaints of violence.
Argentine law prohibits domestic violence, including spousal abuse, and provides for removal
of the abusive spouse from the home, but it does not provide penalties unless the violence involves crimes against "sexual integrity." In this case penalties can be as much as 20 years' imprisonment
.
domestic violence may file a formal complaint with a judge or police station. The law gives family court
judges the right to prevent the perpetrator of a violent act from entering the victim's home or workplace. Charges also may be brought in criminal court, which may apply corresponding penalties. However, lack of vigilance on the part of the police and the judicial system
often lead to a lack of protection for victims.
In March 2006, the Interior Ministry launched a federal program that included creating a mobile unit for providing assistance to victims of sexual and domestic violence. Although the program was planned to have a national reach, its initial implementation started in late October 2006, in the City of Buenos Aires
. There were two mobile units working 24 hours a day. Each unit was composed of a psychologist
and a social worker, and two police officials also took part when they received complaints of domestic violence.
Also in March 2006, the provincial Cordoba
legislature passed its first domestic violence law, leading to a significant increase in the number of complaints filed. The legislation is quite inclusive. The term "family" includes fiancees
and former or current common-law husbands or wives
. The law also defines domestic violence as physical, psychological, and economic violence.
In early December 2006, the Buenos Aires Supreme Court ordered the criminal, family and minors' courts, as well as provincial courts in civil and family matters, to have duty officers to receive complaints of domestic violence and assist victims after normal court hours. Victims could call a cell phone number to get assistance.
. The Buenos Aires municipal government operated a small shelter for battered women and a 24 hour hotline
offering support and guidance to victims of violence; however, few other shelters existed.
NGOs stressed that women often did not have a full understanding of their rights or of what actions could be considered punishable offenses. In addition there was a great disparity between urban centers and rural areas with respect to women's awareness of, and access to, equal rights. Indigenous women particularly were vulnerable, due to higher rates of illiteracy and insufficient bilingual educational resources.
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
in Argentina
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...
is a serious problem. In Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
Province, the special Women's Police Stations and Family's police stations received a daily average of 53 complaints of violence.
Argentine law prohibits domestic violence, including spousal abuse, and provides for removal
Restraining order
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
of the abusive spouse from the home, but it does not provide penalties unless the violence involves crimes against "sexual integrity." In this case penalties can be as much as 20 years' imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
.
The law
Any person suffering physical or psychologicalPsychological abuse
Psychological abuse, also referred to as emotional abuse or mental abuse, is a form of abuse characterized by a person subjecting or exposing another to behavior that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder...
domestic violence may file a formal complaint with a judge or police station. The law gives family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
judges the right to prevent the perpetrator of a violent act from entering the victim's home or workplace. Charges also may be brought in criminal court, which may apply corresponding penalties. However, lack of vigilance on the part of the police and the judicial system
Law of Argentina
The Legal system of Argentina is a Civil law legal system. The two pillars of the Civil system are the Constitution of Argentina and the Civil Code of Argentina ....
often lead to a lack of protection for victims.
In March 2006, the Interior Ministry launched a federal program that included creating a mobile unit for providing assistance to victims of sexual and domestic violence. Although the program was planned to have a national reach, its initial implementation started in late October 2006, in the City of Buenos Aires
Buenos Aires
Buenos Aires is the capital and largest city of Argentina, and the second-largest metropolitan area in South America, after São Paulo. It is located on the western shore of the estuary of the Río de la Plata, on the southeastern coast of the South American continent...
. There were two mobile units working 24 hours a day. Each unit was composed of a psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
and a social worker, and two police officials also took part when they received complaints of domestic violence.
Also in March 2006, the provincial Cordoba
Córdoba, Argentina
Córdoba is a city located near the geographical center of Argentina, in the foothills of the Sierras Chicas on the Suquía River, about northwest of Buenos Aires. It is the capital of Córdoba Province. Córdoba is the second-largest city in Argentina after the federal capital Buenos Aires, with...
legislature passed its first domestic violence law, leading to a significant increase in the number of complaints filed. The legislation is quite inclusive. The term "family" includes fiancees
Engagement
An engagement or betrothal is a promise to marry, and also the period of time between proposal and marriage which may be lengthy or trivial. During this period, a couple is said to be betrothed, affianced, engaged to be married, or simply engaged...
and former or current common-law husbands or wives
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
. The law also defines domestic violence as physical, psychological, and economic violence.
In early December 2006, the Buenos Aires Supreme Court ordered the criminal, family and minors' courts, as well as provincial courts in civil and family matters, to have duty officers to receive complaints of domestic violence and assist victims after normal court hours. Victims could call a cell phone number to get assistance.
Public support
Public and private institutions offered prevention programs and provided support and treatment for abused women, but there was little transitional housingWomen's shelter
A women's shelter is a place of temporary refuge and support for women escaping violent or abusive situations, such as rape, and domestic violence....
. The Buenos Aires municipal government operated a small shelter for battered women and a 24 hour hotline
Crisis hotline
A crisis hotline is a phone number people can call to get immediate emergency telephone counseling, usually by trained volunteers. Such hotlines have existed in most major cities of the United States at least since the mid-1970s. Initially set up to help those contemplating suicide, many have...
offering support and guidance to victims of violence; however, few other shelters existed.
NGOs stressed that women often did not have a full understanding of their rights or of what actions could be considered punishable offenses. In addition there was a great disparity between urban centers and rural areas with respect to women's awareness of, and access to, equal rights. Indigenous women particularly were vulnerable, due to higher rates of illiteracy and insufficient bilingual educational resources.