Experts of the Committee on the Rights of the Child Praise Argentina’s Efforts to Decrease the Infant Mortality Rate, Ask about Responses to the Child Poverty Crisis and Sexual Violence against Children
The Committee on the Rights of the Child today concluded its consideration of the seventh periodic report of Argentina, with Committee Experts praising the State’s efforts to decrease the infant mortality rate and raising questions about its response to high levels of child poverty and sexual violence against children.
A Committee Expert commended the Government’s efforts to decrease the infant mortality rate. What measures were in place to further decrease this rate, particularly among indigenous peoples?
Hynd Ayoubi Idrissi , Committee Expert and Coordinator of the Country Taskforce for Argentina, said the current financial crisis that Argentina was facing had an impact on the budget for children and adolescents. In this context, a Committee Expert noted that seven out of 10 children in Argentina lived in poverty, with 14 per cent living in extreme poverty. Over seven million children lived in poverty; this was scandalous. What measures were in place to address this crisis?
Ms. Ayoubi Idrissi said children and adolescents were reportedly victims in around 67 per cent of cases of sexual violence. What was being doing to prevent sexual violence and revictimisation?
Arnoldo Ariel Scherrer Vivas, Undersecretary of Family Policies, Ministry of Human Capital of Argentina and head of the delegation, said the State party’s report reiterated the commitment of Argentina to cooperate with the Committee to achieve full compliance with the Convention. The State party would continue to take on the challenges involved in upholding a system of comprehensive protection of the rights of children and adolescents in the country.
The delegation said that the neonatal mortality in Argentina had decreased by 50 per cent from the 2002 level in 2022. The State party was working to strengthen its health response programme, addressing issues such as congenital diseases in newborns. The work of indigenous health officers had contributed to a decrease in the neonatal mortality rate in indigenous communities.
Various State interventions were severely impacted by the economic crisis, the delegation said. In response, the Government would continue to broaden public policies that benefited children and adolescents. The universal childcare allowance had been increased by three per cent in real terms between 2023 and 2024. This benefit reached more than 4.5 million children. Spending on the food programme also went up by 18 per cent in real terms between 2023 and 2024. The State party would continue to strengthen direct assistance and address the macroeconomic issues causing the crisis.
Concerning sexual violence against children, the delegation said a law on eliminating gender-based violence provided targeted support to victims. A free hotline had been set up for children to report violence and seek counselling. Regional boards had also been set up to address sexual violence against children, and local intervention teams made rapid responses to reports of violence against children, the delegation said.
In concluding remarks, Ms. Ayoubi Idrissi said she hoped Argentina could overcome its current crisis and continue to exert efforts to protect children’s rights. She called on the State party to implement the Committee’s concluding observations, wishing the State success in its endeavours.
Mr. Scherrer Vivas, in concluding remarks, said the delegation had shown Argentina’s commitment to children and adolescents. The State party would strengthen its policies for children, ensuring investment in education, free healthcare, and the promotion and protection of children’s rights. It would create the necessary tools for children to grow and develop.
Carlos Mario Foradori, Permanent Representative of Argentina to the United Nations Office at Geneva, said in closing remarks that it was not the size of nations but their concern for their children that determined their status. Argentina would not be indifferent to the plight of Argentinian children, or to any children in the world.
The delegation of Argentina consisted of representatives from the Ministry of Human Capital; Ministry of Health; National Council for the Coordination of Social Policies; National Social Security Administration; Ministry of Education; the Secretariat for Children, Adolescents and the Family; and the Permanent Mission of Argentina to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Argentina at the end of its ninety-seventh session on 13 September. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public this afternoon at 3 p.m. to consider the combined fifth and sixth periodic report of Israel (CRC/C/ISR/5-6).
Report
The Committee has before it the seventh periodic report of Argentina (CRC/C/ARG/7).
Presentation of Report
ARNOLDO ARIEL SCHERRER VIVAS, Undersecretary for Family Policies, Ministry of Human Capital of Argentina and head of the delegation, said Argentina supported the Committee’s mandate. After ratifying the Convention in 1990, Argentina incorporated it into the Constitution, giving it the highest hierarchy possible. National and provincial parliaments were working to implement the Convention and its three Optional Protocols, as well as the Committee’s general comments and observations on State party reports, through the development of public policies aimed at children and adolescents.
In 2005, through the enactment of law 26.061 on the comprehensive protection of the rights of children and adolescents, the provisions of the Convention were domesticated into the State’s normative system. This led to numerous advances in the recognition of the rights of children and adolescents, allowing for the implementation of public policies that aimed at guaranteeing the protection and full development of children and adolescents.
Five years had passed since the last report was submitted. The current report reiterated the commitment of Argentina to cooperate with the Committee to achieve full compliance with the Convention. The State party would continue to take on the challenges involved in upholding a system of comprehensive protection of the rights of children and adolescents in the country.
Questions by Committee Experts
HYND AYOUBI IDRISSI, Committee Expert and Coordinator of the Country Taskforce for Argentina, said bills had been presented to set up holistic child protection frameworks in 23 of Argentina’s provinces, but Formosa and two other districts had not set up such frameworks. What progress had been made in this regard? What was the status of the draft law on childcare and maternity leave? Was civil society involved in follow-up and evaluation of the national action plan on the protection of children and adolescents for 2016 to 2019? Had a new plan been drafted?
A new Office of the Undersecretary for Children and Adolescents had recently been set up. What coordination arrangements were in place between federal and provincial levels regarding policies for children? Some provinces spent 80 per cent more on children than others. Did the Undersecretary’s Office have a large enough budget to coordinate these policies? What budgetary allocations were there for children’s rights? The current financial crisis that Argentina was facing had an impact on the budget for children and adolescents. The national budget fell by 17 per cent from 2021 to 2023 and inflation reached over 200 per cent last year. Observers had predicted that there could be a reduction in the budget for children and adolescents by around 75 per cent this year. What measures were in place to secure a sufficient budget for children and adolescents?
What was the State party doing to tackle gaps in data collected on children in rural and indigenous communities? What provincial data collection mechanisms were in place? Argentina had in place a national action plan on business and human rights for 2023 to 2026. Did this plan address children and adolescents? What entity was coordinating the plan and what resources had been allocated to its implementation? How was the State party compelling companies to implement appropriate due diligence mechanisms related to children’s rights?
What measures were in place to implement the positive parenting programme launched by the former National Department for Children? Argentina had prohibited corporal punishment in all settings, but it remained commonplace in the family. How was the State party combatting this? What impact had the national action plan to combat gender-based violence had? What compensation had been given to children whose mothers were victims of femicide? There were report of escalating violence against children and adolescents by law enforcement officials. What follow-up was made for complaints filed against the police by children? Children and adolescents were reportedly victims in around 67 per cent of cases of sexual violence. What was being doing to prevent sexual violence and revictimisation of victims?
Schools were not yet inclusive; three-quarters of children with disabilities were educated in separated classrooms. Some disability allowances had not reached rural areas. What was being done to address these challenges and incorporate a concept of disability removed from the medical approach in legislation?
Another Committee Expert expressed concern about the recent closure of the National Institute against Discrimination. How had the State party assessed the impact of the closure and worked to fill the gap it left? What mechanisms were available to children to file complaints about discrimination? How was existing legislation to eliminate discrimination implemented in all provinces? What progress had been made regarding the ratification of the Inter-American Convention against All Forms of Discrimination and Intolerance? How was the State party fighting discrimination against minority children in schools? Were there plans to end the prohibition on the use of gender-inclusive language in official Government documents?
The Committee commended the Government’s efforts to decrease the infant mortality rate. What measures were in place to further decrease this rate, particularly among indigenous peoples? How did existing mechanisms for child participation function? How did the State party ensure their meaningful participation in all policy discussions and legal proceedings affecting them?
One Committee Expert said Argentina had created a strong policy for the implementation of child rights. Hyperinflation had affected the new Government’s ability to implement this policy. It was welcome that hyperinflation had declined in recent months. Was the State party considering ratifying the 1961 Convention on the Reduction of Statelessness? How was the State party guaranteeing the rights of freedom of expression for children? What justifications did the State party have for prohibiting children from participating in protests? Seven out of 10 adolescents had reported that they were afraid of the police. Why was this?
How was the State party enhancing digital accessibility and digital literacy for children in rural areas? How was it protecting children from harmful content online and offline, and monitoring and sanctioning violations of the rights of the child in the media? What training was being implemented in this regard? The public agency for media monitoring had recently been closed. What alternative mechanism would the State set up?
Did the State party have plans to extend paternity leave to the same length as maternity leave and promote fathers’ participation in parenting? Eighty-eight per cent of children separated from their families were accommodated in institutions. What had been done to strengthen family reunification and what deinstitutionalisation policies were in place? What budget and standards were in place for alternative care settings and what training was provided for the staff in these settings? What challenges did the State party face in promoting adoption and how would it address these? Would the State party ratify the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption? What measures were in place to protect the rights of children with incarcerated parents?
Responses by the Delegation
The delegation said Argentina had established the Ministry of Human Capital, which was responsible for coordinating social policies for children and adolescents. The Government continued to maintain the National Secretariat for Children and the Family, which sought to ensure the implementation of legislation on children’s rights. The National Secretariat had a budget of around 1.63 million Argentine pesos in 2021, while the current budget was around 51 million pesos. Despite the devaluing of the currency, this was effectively an increase. The budget assigned to children and the family was a priority for the current administration, which was trying to increase subsidies for early childhood learning. The Federal Council for Children and the Family coordinated provincial-level policies for children. Children participated in the Federal Council’s discussions at national and provincial levels. The Civil Code called on the Government to promote the participation of children and adolescents in the creation of public policies, plans and programmes.
Neonatal mortality in Argentina had decreased by 50 per cent from the 2002 level in 2022. The State party was working to strengthen its health response programme, addressing issues such as congenital diseases in newborns. There were 182 indigenous health officers providing primary care in indigenous communities outside of hospitals and medical centres. Their work had led to a decrease in the neonatal mortality rate in indigenous communities.
The Ministry of Education was working to promote the inclusion of children with disabilities, supporting each jurisdiction to roll out disability policies. An exhaustive census of children with disabilities who needed access to schools was currently being carried out to inform policies promoting their inclusion.
The Ministry of Human Capital provided universal children’s allowances and pregnancy allowances. The pregnancy allowance had doubled in real terms over the last two years. The State party had increased the budget for education by around 200 per cent in real terms since last year. Food cards were issued to children under 14. The value of food cards had increased by around 15 per cent. Cash transfers were provided to new mothers for the purchase of formula milk.
The Undersecretary for Children and Adolescents and the Family was collecting data on children in each province, which allowed the State party to establish “risk indices”. There was a coordinating taskforce in the judiciary working to facilitate adoptions, and the State party was supporting civil society organizations working to promote adoptions. Argentina was working towards the goal of deinstitutionalisation. The law allowed extended family members to decide on whether children under guardianship should be provided with care in family settings.
There was a capacity-building programme in place addressing violence against children and adolescents, and each province was developing its own measures for addressing violence against children. A hotline for reporting such violence had been set up. The State party had developed a campaign to tackle corporal punishment in schools. All provincial rights protection offices could receive complaints from children. Schools and hospitals also had specific complaints mechanisms.
Questions by Committee Experts
One Committee Expert said that seven out of 10 children in Argentina lived in poverty, with 14 per cent living in extreme poverty. Over seven million children lived in poverty; this was scandalous. The budget for children had fallen by 75 per cent in real terms after the devaluation of the State’s currency. One million children went to bed without eating every night. What measures were in place to address this crisis?
Argentina had been a reference for the international community in searching for missing children, however, the State agency for the search for missing persons had recently been shut down. Would the State party reconsider this? How would the State investigate cases of children who went missing during the dictatorship? Several institutions had disappeared in Argentina in recent years in the context of the financial crisis. Would the State party ensure that it maintained the Children’s Ombudsperson?
HYND AYOUBI IDRISSI, Committee Expert and Coordinator of the Country Taskforce for Argentina, said that the age of marriage was 18 in the Civil Code, but there were exceptions allowing for marriage from the age of 16. There were child marriages in the State party; how would the State party combat this? What measures were in place to ensure access to justice for victims of sexual violence? Was the sale of children criminalised in Argentina?
Another Committee Expert asked about efforts to ensure access to healthcare services across the country, including in rural areas. Argentina had a rigorous vaccination programme, but there had been a decline in vaccinations in recent years. Would the State party address this? What measures were in place to address gambling, and drug and alcohol abuse? Were there activities planned to promote adolescent health? Was the law regulating abortions being properly implemented?
Argentina had made significant progress in promoting the right to healthy food through recent legislation. The State had the highest rate of child obesity in the region, while around five per cent of children were malnourished. What measures were in place to address obesity and malnutrition, particularly among disadvantaged children? How was the State party promoting breastfeeding?
It was very good that the allowance for children had increased despite the financial situation. Would this lead to a reduction in child poverty and an improvement in the standard of living for children? How would the State party address the high rate of child poverty?
One Committee Expert said that it was significant that Argentina had adopted a Climate Change Mitigation and Adaption Act. Were there any plans to assess the impact of this Act on children’s ability to exercise their right to a clean and healthy environment? What mechanisms were available to children to receive remedies when their environmental rights were violated? How was the State party ensuring that indigenous children had access to safe water and sanitation? Was environmental education provided at all levels and in all schools?
Rates of primary and secondary school attendance and completion were concerning. How was the Government addressing these issues and ensuring equal access to education in all provinces? Were there plans to provide special assistance for children with disabilities in mainstream schools and improve the accessibility of schools? How was the State party supporting disadvantaged children to attend school? Many students were reportedly experiencing bullying in schools. Were there concrete plans to support children to receive an education free from violence? What steps had been taken to make early childhood education free and accessible? Were there mechanisms to study the quality of early childhood education?
A Committee Expert said child migrants were particularly vulnerable in Argentina. Many of these children did not have access to health, education and justice. Many Venezuelan children could not regularise their situation due to a lack of documentation. Adolescents had a biased perception of migrants due to stereotyped discourse in the media. Were there strategies in place to prevent stereotyped discourse regarding the migrant population? Would the State party resolve issues regarding access to healthcare for migrants without documentation?
What budget had been allocated to protecting the rights of indigenous children? Around 32 per cent of indigenous children reportedly faced discrimination and 30 per cent faced State violence - more than double the rates for the rest of the population. Private companies had evicted indigenous peoples from their lands. How was the State party tackling these issues?
Around 25 per cent of teenagers between 13 and 17 years old were participating in labour. Had studies been carried out into this area? How would the State party eliminate child labour and protect teenage workers? Were there plans to assess the measures implemented under the national action plan addressing child labour?
Reportedly, one in 10 homeless people in Argentina was a child, and there were high levels of violence among the street population. A State project had been implemented to address this issue; had its effectiveness been assessed? Did the State party criminalise children living in street situations?
There had been a bill submitted recently seeking to criminalise the silent trafficking of children. There was an increasing number of disappeared children each year. How did the bill tackle the issue and implement measures to support victims? What investigations into disappearances had been carried out? How would the State party investigate alleged identity substitution occurring during the military dictatorship era?
There was a bill that sought to reduce the age of legal responsibility, although there had been a reduction of cases of juvenile crime by 63 per cent in recent years. What was the State party’s position on the bill? Which provinces were depriving children lower than 16 years old of their liberty? Which body was monitoring the situation of adolescents deprived of their liberty? How many adolescents were currently being tried? Had the State party considered the vulnerability of adolescents when developing public security policies?
Responses by the Delegation
The delegation said various State interventions were severely impacted by the economic crisis, which had exacerbated poverty levels, particularly among children. The Government was looking for solutions to address the crisis. It would continue to broaden public policies that benefited children and adolescents. The income of vulnerable families had been augmented by subsidies. The universal childcare allowance had been increased by three per cent in real terms between 2023 and 2024. This benefit reached more than 4.5 million children. National expenditure on social security and the universal child allowance would go up to 0.49 per cent of gross domestic product in 2024. Spending on the food programme also went up by 18 per cent in real terms between 2023 and 2024. The State party would continue to strengthen direct assistance and address the macroeconomic issues causing the economic crisis.
The Government had passed laws on combatting violence against children. There was a law on eliminating gender-based violence that provided targeted support to victims; a law on the protection of victims of violent crimes that ensured their access to justice; and a law on economic reparation for children who had experienced family violence. There was an awareness raising campaign underway on grooming and cyber bullying that targeted children. A free hotline had been set up for children to report violence and seek counselling. It had received 123,000 calls in 2022. Regional boards had been set up to address sexual violence against children, and capacity-building programmes on early warning and protection mechanisms for violence were being held in various provinces. Local intervention teams made rapid responses to reports of violence against children.
The National Office for Inter-Institutional Violence received reports of abuse by State officials, and there were protocols for dealing with those reports. More than 4,000 police officers had been trained on the Convention.
The current administration was promoting safe family environments. Between 2019 and 2023, there had been an increase in the number of adoptions, from 4,000 to 8,000 children.
There was a law on holistic environmental education that covered all social sectors and groups. The National Institute for Teacher Training had created training programmes on environmental education. Education grants were promoting participation in schooling. A free hotline had been set up for raising issues of concern in the school environment. The accessibility of books and materials provided in schools had been improved. Migrant and refugee children without documentation could enrol in schools. The Education Act promoted cultural diversity. Knowledge of indigenous traditions was promoted in all schools.
Online betting was a growing problem that caused social isolation among adolescents. The Government was working to address the issue. Training for teachers had been developed on consumption problems.
The Ministry of Health was providing training and assistance to local health teams and had created incentives to improve health funding in each province. There was a programme on the prevention of unintended pregnancies, a national vaccination programme, and a programme for registering malformations of foetuses. In 2020, the State party developed a strategy for addressing teenage suicide. A guide on self-harm had been published in 2023, and training programmes and roundtables on preventing suicide were established in the provinces. Young people participated in discissions on public health policies and monitored the implementation of the policies. They also took part in communications strategies on health.
Priority health care was provided to over 11,000 indigenous peoples through the national indigenous peoples’ health care programme, which had 832 staff, including indigenous health officers and intercultural mediators. Vaccination programmes were conducted in indigenous communities and inter-cultural talks on health were held.
The Government was analysing data on sexual health and developing technical assistance for addressing sexual violence and forced pregnancy. It was promoting access to contraception, and developing measures for addressing unintended teenage pregnancies. The State party promoted exclusive breastfeeding. There was a programme to strengthen breastfeeding friendly spaces. Around 270 such spaces had been established across the State.
The State provided vaccinations in all jurisdictions. Targeted vaccinations were provided to vulnerable and remote populations with low vaccination coverage. The Government aimed to carry out rapid monitoring of vaccinations and address shortcomings in the national vaccination register.
Questions by Committee Experts
HYND AYOUBI IDRISSI, Committee Expert and Coordinator of the Country Taskforce for Argentina, said there were still high levels of violence in schools, despite the various measures implemented to address violence. What was being done to ensure the understanding of children’s rights? How many complaints had been lodged against police officers and how many independent investigations had been conducted into these complaints?
Another Committee Expert asked about measures to address evictions of indigenous peoples from their land. This problem had worsened recently. Was Argentina considering increasing its jurisdiction to address cases of child recruitment into armed groups overseas? Had the State party identified victims of recruitment and provided support?
One Committee Expert asked about the content of early childhood education. How did it promote children’s rights? Was it true that the use of inclusive terminology in the education sector was prohibited?
A Committee Expert said there was a law before the parliament that increased sentences for children and sought to lower the minimum age of criminal responsibility. How would the State party incorporate the Committee’s general comment 24 into legislation on child justice? There were child refugees who had been detained and threatened of having their refugee status removed. Could more information on this incident be provided?
Another Committee Expert said addiction and prevention services were very good, but rehabilitation services appeared to be lacking. Were there rehabilitation services for children with gambling and drug addiction? What impact would the law on access to documents have on child rights?
Responses by the Delegation
The delegation said there were various regulations protecting the rights of migrant children. All children in Argentina had access to economic, social and cultural rights, justice, education and health. The National Directorate of Migration was tackling the issues faced by migrant children, and a regulatory board was addressing the specific issues faced by Venezuelan children. Venezuelan children whose residence permits had expired had been put on a special residence regime.
The 2018 law on the prevention of child labour introduced penalties for all persons who facilitated child labour. The fourth national action plan for the prevention of child labour was approved in 2021. It promoted capacity building and aimed to increase information available on the issue. The universal child benefit had done much to combat the scourge of child labour, as had early childhood centres and nutrition programmes. The Government was coordinating with civil society organizations to address the issue. The Tabacco Chamber was sponsoring programmes to address child labour in tobacco growing areas.
The minimum age of criminal responsibility was 16. There were bills submitted to parliament regarding changing the age; debates were ongoing and no outcome had been reached yet. A draft bill had been approved on the sale of children which allowed the State party to honour its commitments under the Optional Protocol on the sale of children. The bill introduced stricter sentences for the crime.
Early childhood literacy education was a priority for the Government. It was encouraging families to bring children into contact with written materials. There were military academies providing secondary school education in line with international standards. The minimum age of recruitment in the armed forces was 18; children could not be incorporated into the army reserves.
Concluding Remarks
HYND AYOUBI IDRISSI , Committee Expert and Coordinator of the Country Taskforce for Argentina, thanked the delegation for the dialogue, which regrettably was held online. She expressed hope that the next dialogue could be held in-person. Ms. Ayoubi Idrissi said she hoped Argentina could overcome its current crisis and continue to exert efforts to protect children’s rights. She called on the State party to implement the Committee’s concluding observations, wishing the State success in its endeavours.
ARNOLDO ARIEL SCHERRER VIVAS, Undersecretary of Family Policies, Ministry of Human Capital of Argentina and head of the delegation, thanked the Committee for its observations and recommendations. The delegation had shown Argentina’s commitment to children and adolescents. The State party would strengthen its policies for children, ensuring investment in education, free healthcare, and the promotion and protection of children’s rights. The Children’s Ombudsman would carefully monitor the implementation of those policies.
The recent economic crisis had led to increases in child poverty and violence. The State party had been focusing on supporting vulnerable children, promoting mental health, and combatting violence. The “nanny State” was a major problem for the country. Social benefits were being strengthened to promote citizens’ freedom. The Government would also work on strengthening data collection on children and create the necessary tools for children to grow and develop.
CARLOS MARIO FORADORI, Permanent Representative of Argentina to the United Nations Office at Geneva, said the Committee Experts were cartographers mapping out the problems faced across the world in the area of children’s rights. It was not the size of nations but their concern for their future and their children that determined their status. Argentina would not hide behind the principle of non-interference in domestic affairs; it would not be indifferent to the plight of Argentinian children, or to any children in the world.
ANN MARIE SKELTON, Committee Chair, expressed best wishes to the children of Argentina and assured them that the Committee had their best interests at heart.
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CR.24.023F
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