WUNRN
ARGENTINA: Bold New Law on Violence
Against Women
By Marcela Valente
BUENOS AIRES, Mar 12 (IPS) - Argentina now has an
ambitious new law to prevent, punish and eradicate physical, psychological and
economic violence against women, in both the private and public spheres. But
the big challenge, say experts, will be to put it into practice.
The new legislation approved by a broad majority of
lawmakers Wednesday replaces a national law on domestic violence, which failed
to recognise that women are not only the targets of violence in their homes.
Studies estimate that 4.5 million women a year in Argentina
suffer some kind of gender violence.
In an interview with IPS, sociologist Eleonor Faur, a United
Nations Population Fund (UNFPA) official in Argentina, said the passage of the
law "is excellent news" and underlined that it defines violence
against women "in a broad sense," based on a comprehensive concept of
the phenomenon that is not limited to the family setting.
But Faur admitted that the state faces "an immense
challenge" in turning its promises into reality.
She said the institutions in charge of enforcing the law
will have to be granted the authority and funds to effectively protect women.
Faur also highlighted the creation of an Observatory on
Violence against Women, under the new law, which will keep track of all cases
of violence nationwide and monitor the effectiveness of the country’s policies
and legislation.
The new law is in line with cutting-edge legislation against
"machista" violence in the broadest sense, passed in the last three
years in Spain, Brazil, Chile, Mexico, Costa Rica, Venezuela, Guatemala and,
this year, Colombia. But in general, there have been complaints of a lack of
will on the part of the authorities to enforce the new laws.
The Argentine legislation foresees a national action plan to
combat violence against women, guarantees access to justice by providing for
free legal assistance and expedited legal proceedings, ensures comprehensive
assistance for the victims, and makes a commitment to tear down socio-cultural
patterns that foment gender violence.
The challenge ahead
Silvia Casiró, the director of technical assistance on the
National Women’s Council, told IPS that implementing the new law "will be
an enormous challenge."
The state "will have to be equal to the commitments
assumed, by providing an adequate budget as established by the law."
"Laws in and of themselves can be dead letter,"
said Casiró. "The important thing is for women, who make up more than 50
percent of the population, to commit ourselves to applying it nationwide. To
that end, we are going to design a plan in which civil society organisations
take part, to ensure the effective implementation of the law."
According to a report by the Argentine chapter of Amnesty
International, violence against women is a generalised practice in this
country, in the home and in the community, and an effective, coherent and
coordinated policy is needed to prevent and eradicate it.
In the November 2008 report, the rights watchdog complains
that the National Women’s Council’s global budget is less than one-sixth of
what is dedicated to promoting tourism, and that only a small fraction of the
funds goes towards addressing violence.
But now, the new law specifically calls for a budget
"in accordance with" the ambitious goals it sets out.
Although the legislation passed on Wednesday came in for
isolated criticism from opposition lawmakers, for failing to specifically
mention the case of women in prison, or the victims of networks that traffic
women for the purposes of sexual exploitation, for instance, it was applauded
by a majority of women’s groups.
Different forms of violence
The law defines violence as "any behaviour, action or
omission that directly or indirectly, in the public or private sphere, based on
an unequal relationship of power, affects the life, freedom, dignity, physical,
psychological, sexual or economic integrity, or security of women."
It adds that this includes behaviour, actions or omissions
on the part of the state or its agents, which implies a commitment on the part
of the police, judges, doctors and other officials who deal with problems
involving gender violence.
According to La Casa del Encuentro, a women’s centre in
Buenos Aires, the press reported the murders of 207 women in 2008, most of whom
were killed by their partners or former partners.
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. For example, setting
requirements in the workplace related to age, physical appearance or maternity
is considered a violation of women’s rights, as is unequal pay for the same
task.
The law also covers violence or abuse during childbirth and
obstacles to reproductive freedom.
Susana Chiarotti, a specialist in violence with the Latin
American and Caribbean Committee for the Defense of Women's Rights (CLADEM),
told IPS that the group’s recommendations regarding this issue were
incorporated by the women legislators who sponsored the law.
For nearly a decade, CLADEM has been carrying out research
on the mistreatment of women recovering from illegal abortions, or expectant
mothers, in public health institutions. The group has also been involved in
providing special training for health professionals in several provinces, to
prevent such abuses.
"It is a deep-rooted and widely accepted form of
violence, disguised by a false show of paternalism, and women believe they must
accept this treatment because the service is free of charge," said Chiarotti.
She said the legal framework provided by the law "was
necessary, in order to continue making progress, and to send out a clear
message to the justice system, that it must act quickly."
At any rate, the law "will be even better once it has a
budget and an action plan, and is effectively put into practice," she
added.
Chiarotti also said there was heated debate in Congress with
respect to the violence "that undermines women’s right to decide, freely
and responsibly, on the number of pregnancies, or to space their births,"
with a handful of legislators abstaining from voting on the bill on the
argument that this article opened the door to the future decriminalisation of
abortion. (END/2009)
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