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Convention on the Rights of the Child During the Period Under Review

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Convention on the Rights of the Child During the Period Under Review UNITED NATIONS CRC Convention on the Distr. Rights of the Child GENERAL CRC/C/ARG/3-4 16 September 2009 ENGLISH Original: SPANISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Third and fourth periodic reports of States parties due in 2004 ARGENTINA* ** [23 April 2008] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. ** Annexes can be consulted in the files of the Secretariat. GE.09-44960 (EXT) CRC/C/ARG/3-4 Page 2 CONTENTS Paragraphs Page I. PRESENTATION 1-7 4 II. INTRODUCTION 8-16 5 III. GENERAL ASPECTS 17-36 6 A. Demographic aspects 18-26 6 B. Economic and social conditions 27-36 7 IV. FOLLOW-UP TO THE PRINCIPAL AREAS OF CONCERN AND RECOMMENDATIONS CONCERNING ARGENTINA’S SECOND PERIODIC REPORT 37-991 12 A. General measures of implementation (arts. 4, 42 and 44 of the Convention) 37-235 12 B. Definition of the child (art. 1 of the Convention) 236-242 46 C. General principles (arts. 2, 3, 6 and 12 of the Convention) 243-359 47 D. Civil rights and freedoms (arts. 7, 8, 13 to 17 and 37 (a) of the Convention) 360-397 66 E. Family environment and alternative care (arts. 5, 18, paras. 1 and 2; arts. 9 to 11, 19 to 21, 25, 27 and 39 of the Convention) 398-459 73 F. Basic health and welfare (arts. 6, 18, para. 3; arts. 23, 24, 26 and 27, paras. 1 to 3, of the Convention) 460-697 84 G. Education, leisure and cultural activities (arts. 28, 29 and 31 of the Convention) 698-809 132 H. Special protection measures (arts. 22, 38, 39, 40, 37 (b) to (d), and 32 to 36 of the Convention) 810-987 158 I. Optional Protocols 988-991 190 V. CONCLUDING COMMENTS 992-998 191 CRC/C/ARG/3-4 Page 3 ANNEXES I. National legislation II. Child participation CRC/C/ARG/3-4 Page 4 “This social inclusion project, a project that is changing what seemed to be the tragic fate of the people of Argentina, does not belong either to a particular sector or to a particular Government; it is a project of and for all Argentines.” Dr. Cristina Fernández de Kirchner President of the Argentine Nation I. PRESENTATION 1. The executive branch, standing at the epicentre of one of the most serious social and economic crises in the history of the Argentine Republic, inaugurated a different kind of country model, linked to the culture of labour and production and designed essentially to repair a social fabric that had been torn apart by the persistent implementation of policies inspired by neo-liberalism, acting on the conviction that social peace, respect for the law and defence of human life and dignity are inalienable rights of all Argentines. 2. Within this framework and on the basis of an explicit human rights perspective, a State was built on the national territory that pursues policies aimed at remedying social inequities through continuous action in support of inclusion, creating opportunities for universal and equal access to education, health and housing, and promoting social progress based on the work and endeavour of each and every Argentine. 3. Our social development policies recognize the family as the mainstay of social inclusion, and treats individual citizens not as mere passive beneficiaries but as actors contributing to change. 4. On the basis of this ideological approach to State action and public policy, the new style of governance has succeeded, relying on the support and oversight of various political stakeholders as well as a wide range of social institutions and organizations, in leaving behind almost a century of patronage and in laying the foundations of institutionally based comprehensive protection of the rights of children and adolescents. 5. Our action is thus directed towards the development of an integrated and integrating approach, replacing the focus on irregular circumstances with the concept of universality of childhood, of children whose potential calls for the planning and execution of intersectoral and multidisciplinary policies and activities in all areas of government and at all levels. 6. This new stage has involved a major political commitment on the part of our Government. This is illustrated by the launching of the National Secretariat for Children, Adolescents and the Family, the establishment of the Federal Council for Children, Adolescents and the Family, and the policies and actions of the various branches of the Argentine Government. 7. As may be gathered from this report, the Argentine State has made considerable progress in implementing the Convention on the Rights of the Child during the period under review. The report also makes it clear that we must continue to move forward and to build on what has been achieved in a number of areas. It is towards this goal – full attainment of the rights of children and adolescents – that our efforts are directed on a daily basis. CRC/C/ARG/3-4 Page 5 II. INTRODUCTION 8. The National Secretariat for Children, Adolescents and the Family, attached to the Ministry of Social Development of the Presidency of the Nation, is the specialized body of the executive branch responsible for the rights of children and adolescents pursuant to Act No. 26.061 of 2005 on the Comprehensive Protection of the Rights of Children and Adolescents. 9. As the institution that guides public policy in this area, the National Secretariat is responsible for preparing the reports to be submitted under article 44 of the Convention on the Rights of the Child and for representing the State in that connection; it also serves as the depositary of any recommendations made. 10. From the very outset, the National Secretariat decided to treat the process of preparation of the report as something above and beyond mere administrative compliance with the country’s international obligations; it decided that the present document should constitute a tool for the conduct of a genuine assessment of the degree of compliance with the Convention on the Rights of the Child throughout the national territory. 11. To that end, the Secretariat planned and carried out a wide-ranging participatory process, convening meetings for the purpose at different levels. 12. At the national level it solicited institutional participation on the part of the Ministry of the Economy and Production; the Ministry of Education, Science and Technology; the Ministry of Justice, Security and Human Rights; the Ministry of Federal Planning, Public Investment and Services; the Ministry of Foreign Affairs, International Trade and Worship; the Ministry of Health; the Ministry of Labour, Employment and Social Security; the Ministry of Internal Affairs; and the Secretariat for Culture, the Sports Secretariat and the Secretariat of Planning for the Prevention of Drug Addiction and Action against Drug Trafficking. A specific questionnaire was sent to each of these bodies, together with the 2002 concluding observations of the Committee on the Rights of the Child and the Convention on the Rights of the Child. 13. On the basis of the data requested, a number of meetings were held with the national authorities to analyse the information available and the views of the departments concerned with a view to developing an integrated approach. 14. At the federal level, the participation of all executive authorities from the Argentine provinces was requested through the Federal Council for Children, Adolescents and the Family, a body in which the top authorities responsible for children, adolescents and the family in each jurisdiction are represented. 15. In addition, small-scale participation workshops were held in coordination with rights protection bodies operating in the provincial jurisdictions, at which more than 2,500 children and adolescents from all parts of the country expressed their views regarding rights to which they are entitled in their everyday environment (schools, gardens, community centres, etc.). 16. Advice on the strategy for preparing and drafting the report was obtained from the Inter-American Children’s Institute (IIN) and the Organizations of American States CRC/C/ARG/3-4 Page 6 (OAS), following which it was decided to structure the report in such a way as to reflect the Committee’s observations in 2002 and to deduce, in the light of those observations, the areas in which tangible progress was made during the period under review and the challenges that need to be addressed by the Argentine Republic in order to continue reaffirming its commitment to the promotion and protection of the rights of children and adolescents. III. GENERAL ASPECTS 17. The following is a brief presentation of the main social and economic indicators that shed light on the situation in the country during the period under review. They establish a general framework which can then be used to analyse specific aspects of the application in our country of the principles, rights and guarantees laid down in the Convention on the Rights of the Child. A. Demographic aspects 18. According to information provided by the 2001 Population, Households and Residential Buildings Census conducted by the National Institute of Statistics and Censuses (INDEC), the total population of the Argentine Republic at the time was 36,260,130 inhabitants. Compared with the 1991 census, this represents an increase of 11.2 per cent (3,644,602 inhabitants), which corresponds to an average annual growth rate of 10.1 per thousand. The population projection for 2008 is 39,754,613 inhabitants. 19. An analysis of the composition of the total population by gender indicates that there are more females than males (51.3 per cent and 48.7 per cent respectively).
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