Argentina

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CountryArgentina
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure
ViolenceThe Committee urges the State party to investigate thoroughly and impartially all allegations of torture, violence, harassment and abuse, including by the police, and to ensure that perpetrators are prosecuted and, if convicted, punished commensurately with the seriousness of their acts. Furthermore, the Committee recommends to adopt a national framework for coordination between administrations and institutions at both the national and provincial levels to adequately respond to situations of violence against and abuse or neglect of children, paying particular attention to their gender dimensions.
Safety
Corporal punishmentCorporal Punishment is prohibited.
Overview of the child rights situation

Argentina's report is very extensive and covers many points. Unfortunately, there are also several paragraphs on different forms of violence. Argentina still has a lot to do in terms of violence to better protect its children. Poverty in Argentina is very high and many children suffer from it.

Situation of intersexual and transsexual childrenThe Committee recommends that the State party develop and implement a rights-based health-care protocol for intersex children, ensuring that no child is subjected to unnecessary surgery or treatment, and that children are involved, to the greatest extent possible, in decision-making about their treatment and care. Families with intersex children should be provided with adequate counselling and support.
Female genital mutilation and reproductive rights

The Committee is noting with concern the barriers that adolescents continue to face in their access to sexual and reproductive health-care services and education, the high incidence of teenage pregnancy and the elevated risks of maternal mortality among adolescent mothers, and the insufficient access to modern methods of contraception and family planning. To improve the situation, the Committee recommends to ensure that sexual and reproductive health education is part of the mandatory school curriculum, and that it is developed with the involvement of adolescent girls and boys, with special attention paid to preventing early pregnancy and sexually transmitted infections. It also recommends to ensure access to safe abortion and post-abortion care services for adolescent girls, ensuring that their views are always heard and given due consideration as part of the decision-making process.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee urges the State Party to introduce a unit within the National Institute against Discrimination, Xenophobia and Racism to address cases of discrimination against children.
Situation of children with disabilities

Argentina should ensure equal access to good-quality inclusive education in mainstream schools for children with disabilities, and prioritize inclusive education over the placement of children in specialized institutions and classes. Additionally, Argentina should intensify efforts to put an end to discrimination against children with disabilities, and ensure that they are covered by health insurance schemes and receive the services and benefits, such as pensions and housing, to which they are entitled.

Situation of asylum-seeking, refugee and migrant childrenThe Committee recommends to Argentina to ensure effective legal protection for unaccompanied children across all its territory, and also ensure that the principle of non-refoulement is applied and that the best interests of the child are taken into account as a primary consideration, and provide additional training and guidance to relevant professionals on assessing the best interests of the child. In addition to that, the Committee recommends that the State party develop and implement a national policy or strategy that ensures adequate assistance for asylum seekers, including access to social services, effective local integration and measures that facilitate access to work and income-generating opportunities of parents and/or caregivers of refugee children.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesThe Committee recommends that the State party take measures to increase access by children to appropriate information, including online, in conformity with their age, maturity and cultural background. It further recommends to adopt measures to protect children from harmful information and products and online risks, and against negative portrayal and discrimination in the media. In addition to that, the State party should expand coverage of and access to the internet for children living in rural areas.
Health
physical health

While noting the overall decrease in child mortality, the Committee is seriously concerned that the rate of infant mortality remains high in some provinces owing to a lack of adequate health care, including prenatal care for uninsured pregnant women, poverty and inadequate nutrition. The Committee is also concerned about the increased number of cases of suicide and self-inflicted injuries, particularly among children in detention.

Relation to other countries
mental health

The Committee recommends to establish mental health services and programmes for children, ensuring outpatient services for psychosocial care and rehabilitation in rural and urban areas, with a particular focus on suicide prevention.

Impacts of climate change

The Committee is concerned about the well-documented harmful effects of open-pit mining activities and the use of agrochemicals for the environment and the health of children living in areas where mining and soya bean production are carried out. It recommends that the State party strengthen implementation of legislative and other measures to protect the physical and mental health of children, particularly indigenous children, from environmental harm caused by third parties, and ensure that the impact of mining and agrochemicals on underlying determinants of health, such as food, safe drinking water and sanitation, is minimized and that the entities responsible are held accountable and victims afforded effective remedies.

Business sector

The Committee recommends that the State party intensify its efforts to eliminate child labour in practice by establishing multisectoral programmes at the local and regional levels to combat child labour.

Situation of juvenile justice

The Committee is particularly concerned of overcrowding, poor nutrition, inadequate bedding and sanitation facilities, combined with lack of education and training opportunities, which can amount to torture or cruel, inhuman or degrading treatment of children. To improve the situation, Argentina must urgently address detention facilities across all provinces, and ensure that they are compliant with international standards and that independent monitoring is in place and ensure the provision of free, qualified and independent legal aid to children in conflict with the law at an early stage of the procedure and throughout the legal proceedings.

There are also reports of violence perpetrated by federal and provincial security forces in police custody, often in cases involving children and adolescents in socially marginalized situations, and the disproportionate use of force against children and adolescents by the security forces, including in schools, together with the justification of such measures.

Specific observations

The Committee is concerned that the financial crisis has had a negative impact on the social protection systems in the State party, resulting in insufficient coverage and delays in the processing of benefit allowances for children and their families, particularly at the provincial level.
In terms of birth registration, the Committee recommends that the State party strengthen measures to promote universal and timely birth registration, free of charge, and to increase resources to civil registries and improve coordination with health services. It also recommends that measures be intensified to ensure access to registry offices or mobile units, particularly for those living in remote and rural areas, and indigenous communities.

Additional background

Concluding observations on the fifth and sixth periodic reports released on 1 October 2018. More information about education in Argentina: https://www.argentina.gob.ar/educacion/gestioneducativa/educacioninicial and
https://www.argentina.gob.ar/educacion/gestioneducativa/educacionsecundaria

Last Updated (date)22nd of February, 2022