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Argentina

Federalization of the Micaela Law (AR0091)

Overview

At-a-Glance

Action Plan: Argentina Action Plan 2019-2021

Action Plan Cycle: 2019

Status: Active

Institutions

Lead Institution: National Women's Institute (INAM, for its acronym in Spanish)

Support Institution(s): FEIM, FUNDEPS, ACIJ & ELA

Policy Areas

Capacity Building, Gender, Judiciary, Justice, Legislature, Marginalized Communities, Subnational, Sustainable Development Goals

IRM Review

IRM Report: Pending IRM Review

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Not Relevant

Potential Impact: Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

What is the public problem that the commitment will address?
Argentina has ratified most of the international and regional human rights treaties and is actively participating in the efforts to implement the 2030 Agenda. Despite this, violence against women and girls is a serious and persistent problem. Official records reveal 251 direct femicides and 22 victims of related femicide during 2017 (1 woman every 28 hours). As in 2016, the country's femicide rate is 1 femicide per 100,000 women, although with strong variations between the different provincial jurisdictions (OM, 2017). The commitment addresses the federalization of the Micaela Law No. 27499. This Law arose from the femicide of Micaela García in 2017, a young woman who was raped and murdered in the town of Gualeguay by Sebastián Wagner, a man with a criminal record who was on probation, benefit granted by the Justice of the province of Entre Ríos. The Law establishes compulsory training on gender and violence against women for all people who work in public service at all levels and hierarchies in the Executive, Legislative and Judicial branches. The National Women's Institute is the authority to apply this law and is in charge of training the highest authorities of the three branches. The rest of the people included in this standard will carry out the training in the format established by the respective agencies in which they perform their duties. In this sense, it is essential to promote the federalization of the Micaela Law so that it can be adopted by the provincial jurisdictions in order to expand the trainings on gender and violence against women in provincial powers.
Article 10 of the Law invites the Autonomous City of Buenos Aires and the provinces to adhere.
● So far, the jurisdictions that have adhered include: Buenos Aires, Chaco, Chubut, Salta, Córdoba, La Rioja, Misiones, Neuquén, Santa Cruz.
● Also, the following provinces are undergoing the process to adhere to the Law: Catamarca, Entre Ríos, Jujuy, La Pampa, Mendoza, San Luis, Tierra del Fuego, Ciudad Autónoma de Buenos Aires.
INAM works in an articulated manner with the provincial governments through the Federal Council of Women. The Council meets in different provinces at least 3 times a year and is made up of representatives of the provincial governments, in general, the gender authorities of the provinces and the Autonomous City of Buenos Aires. It is a space that aims to strengthen the joint work between the nation and the provinces, in the style of other councils such as education, justice, childhood, among others. Likewise, the Civil Society Consultative Council was created under article 9 of the Law on Integral Protection to Prevent, Punish and Eradicate Violence against Women in the Areas in which they develop their Interpersonal Relations No. 26485. The Council is made up of two organizations by province and by the Autonomous City of Buenos Aires, which leads to a total of 48 representatives. It is a space for advice and consultation for society and a roundtable for participation in the discussion of public policies on gender issues.

What is the commitment?
The general objective of this commitment is to advance the federalization of the Micaela Law by promoting the adhesion of the provinces. To this end, the commitment proposes that the National Women's Institute work on this issue in coordination with the Federal Women's Council (CFM, for its acronym in Spanish) and the Civil Society Advisory Council (CCSC).. Together with the CFM, personnel from the women's areas teams and representatives of the provincial Legislative and Judicial powers will be trained. In addition, INAM will technically assist the organizations that make up the Advisory Council to develop campaigns to promote adhesion to the law. Finally, INAM will, in the frame of the meetings of the Consultative Council, report on the results of the monitoring relating to the degree of implementation of the Law in the provinces that adhered.

How will the commitment contribute to solving the public problem?
Through adherence to the Law, each of the different jurisdictions may have a governing body that will be responsible for certifying the quality of the training provided and for offering training to top authorities. It is expected that people working in the provinces can be trained on: national and international regulations on the subject, conceptual contents, tools and basic resources for identification and orientation in cases of gender violence. Consensus between provincial areas and INAM on key guidelines to develop contents will allow establishing a baseline from which to move forward progressively in order to ensure that 100% of civil servants and state officials are trained in gender perspective. As governing institution responsible for the execution of the Law, INAM considers that this state training in gender and violence against women -both at the national and provincial levels- will contribute positively to the cultural transformation towards a just and egalitarian society.

Why is this commitment relevant to OGP values?
The commitment is relevant to transparency as information will be published from the provincial agencies that work on the gender agenda. Likewise, citizens will be able to know the degree of implementation of the Micaela Law in the provinces that adhere by accessing the monitoring report on: the organizations that provide training in the subject of gender and women's rights, the number of people reached, and data on the progress of training programs within each agency.

Additional information
● In relation to the budget, as reflected in Art. 9 of Law 27.499 “the expenses demanded by this law will be taken from the credits corresponding to the budget items of the related public bodies”.
● Compulsory gender training is part of the 35 key actions of the Plan for Equal Rights and Opportunities (2018-2020).
● Likewise, the participatory elaboration of this Plan was one of INAM's commitments in the frame of Argentina Third OGP Action Plan.
● The Plan for Equal Rights and Opportunities is framed within the Government Goals (point 53) and is aligned to SDG 5.

Commitments

  1. Transparency in Extractive Industries

    AR0079, 2019, E-Government

  2. Interactive Map for Information about Indigenous People

    AR0080, 2019, Capacity Building

  3. Budget Transparency

    AR0081, 2019, E-Government

  4. Opening of Information in the Public Works Contracting System

    AR0082, 2019, E-Government

  5. Legal Needs Survey

    AR0083, 2019, E-Government

  6. Public Information on Human Trafficking

    AR0084, 2019, Capacity Building

  7. Publishing Water and Sanitation Data

    AR0085, 2019, E-Government

  8. Transparency of the National Judicial Council

    AR0086, 2019, E-Government

  9. Transparent Recommendations of the General Audit Office

    AR0087, 2019, Audits and Controls

  10. Federal Penitentiary Diagnosis

    AR0088, 2019, E-Government

  11. Active Transparency Initiative

    AR0089, 2019, E-Government

  12. Federal Program on Open Government

    AR0090, 2019, Capacity Building

  13. Federalization of the Micaela Law

    AR0091, 2019, Capacity Building

  14. Gender Disaggregated Employment Data

    AR0092, 2019, E-Government

  15. Systematize information about sexual and reproductive health policies

    AR0093, 2019, Capacity Building

  16. Open Congress Action Plan

    AR0094, 2019, Legislature

  17. Opening of Information on the Selection Process of Judges

    AR0035, 2017, Capacity Building

  18. Opening of Public Information on Disciplinary Procedures for Judges

    AR0036, 2017, E-Government

  19. Second Stage of Portal "Datos.Jus.Gov.Ar"

    AR0037, 2017, E-Government

  20. Open in the Change Process Files to Open Government

    AR0038, 2017, E-Government

  21. Bring the Budget to Citizens: Bill Diffusion Budget and Monitoring Public Policy Priority

    AR0039, 2017, E-Government

  22. Integrated Mining Information System

    AR0040, 2017, E-Government

  23. Productive Data Portal

    AR0041, 2017, E-Government

  24. Platform on Climate Change: Information Transparency and Action

    AR0042, 2017, E-Government

  25. Implementation of Data Standard for Open Procurement (EDCA)

    AR0043, 2017, E-Government

  26. Opening Information Gender Equity in Science and Technology for Influencing Public Politics

    AR0044, 2017, Gender

  27. Opening Data from the National Congress

    AR0045, 2017, E-Government

  28. Transparency and Participation in Health Policy: Implementation of Mechanisms to Prevent Conflicts of Interest

    AR0046, 2017, Conflicts of Interest

  29. Deepening the Openness and Transparency of Information Related to Procurement and Contracting of PAMI

    AR0047, 2017, Fiscal Transparency

  30. Elaboration of a Bill Funding of Political Parties

    AR0048, 2017, Legislation & Regulation

  31. Monitoring of the National Action Plan for the Prevention, Assistance and Eradication of Violence Against Women 2017-2019

    AR0049, 2017, E-Government

  32. Publication of Audit Recommendations in Argentine Prisons

    AR0050, 2017, Audits and Controls

  33. Strengthening the Regime of Financial Disclosure Reports and Interest

    AR0051, 2017, Conflicts of Interest

  34. Proactive Publication of Reports and Audits by the Office of the Comptroller General

    AR0052, 2017, Audits and Controls

  35. Capacity Building in the Analysis of Public Accounts for Specific Actors

    AR0053, 2017, E-Government

  36. National Board of the Priority Projects of the Ministry of Modernization

    AR0054, 2017, E-Government

  37. Improving the Mechanism of Popular Initiative

    AR0055, 2017, Legislation & Regulation

  38. Practical Training on Open Government

    AR0056, 2017, Capacity Building

  39. Participatory Development of a National Plan for Equal Opportunities

    AR0057, 2017, Gender

  40. Promotion of Mechanisms to Engage Civil Society in the Audit Cycle

    AR0058, 2017, Audits and Controls

  41. Opening Spaces for Discussion and Training on the Electoral Process in Argentina

    AR0059, 2017, Education

  42. Public Consultation for the Generation of Statistical Data on Education

    AR0060, 2017, Capacity Building

  43. Strengthening the Area of ​​Citizen Participation "Commitment to Education"

    AR0061, 2017, E-Government

  44. Citizen Participation in the Cycle of Cultural Policies Home Programs History and Culture of the Bicentennial

    AR0062, 2017, E-Government

  45. Perceptions and Representations of People with Disabilities on Service Institutions

    AR0063, 2017, Capacity Building

  46. Bureau of Policy Dialogue Habitat

    AR0064, 2017, E-Government

  47. Young Guide

    AR0065, 2017, E-Government

  48. Innovation Lab for Guaranteeing Rights Bodies and External Control

    AR0066, 2017, Audits and Controls

  49. Technology and Electoral Process

    AR0067, 2017, Capacity Building

  50. Promotion and Strengthening Policies of Open Government in the Municipalities of the Province

    AR0068, 2017, Capacity Building

  51. Open Urban Observatory Works: Accountability and Citizen Participation

    AR0069, 2017, E-Government

  52. Platform Linking Civil Organizations and the Provincial Government

    AR0070, 2017, Capacity Building

  53. Strengthening Open Government Policies: to Promote Citizen Participation in Chubut

    AR0071, 2017, Capacity Building

  54. Institutionalization of Open Government Policies in the Province of Córdoba

    AR0072, 2017, Capacity Building

  55. Collaborative Network Between Civil Society Organizations and State

    AR0073, 2017, E-Government

  56. Expanding Ecosystem of Access to Information in the Municipalities

    AR0074, 2017, Capacity Building

  57. Strengthening Policies Open Data in Municipalities of the Province of Mendoza

    AR0075, 2017, Capacity Building

  58. Participatory Platform for Citizen Protection

    AR0076, 2017, E-Government

  59. Participatory Preparation of a Draft Open Government Act Provincial

    AR0077, 2017, Legislation & Regulation

  60. Opening Information Service Justice

    AR0078, 2017, Judiciary

  61. State Capabilities in Open Government

    AR0020, 2015, Capacity Building

  62. Public Data Portal

    AR0021, 2015, Capacity Building

  63. Participatory Policies for People with Disabilities

    AR0022, 2015, Capacity Building

  64. Advertising Rules

    AR0023, 2015, Capacity Building

  65. Open University

    AR0024, 2015, Capacity Building

  66. New Commitments in Average

    AR0025, 2015, Money in Politics

  67. Roundtable

    AR0026, 2015, Public Participation

  68. Social Security Statistics

    AR0027, 2015, Open Data

  69. Federalization of Open Government Practices

    AR0028, 2015, Capacity Building

  70. Pilot Platform Public Nformation

    AR0029, 2015, Capacity Building

  71. Platform "Justice 2020"

    AR0030, 2015, E-Government

  72. Map Support

    AR0031, 2015, E-Government

  73. Virtual Networking Unit Technology

    AR0032, 2015, E-Government

  74. Virtual Technological Linkage Unit - Data Management

    AR0033, 2015, Legislation & Regulation

  75. Transparency of Information

    AR0034, 2015, E-Government

  76. Digital Signature

    AR0001, 2013, E-Government

  77. Argentine Public Software

    AR0002, 2013, E-Government

  78. National Program for Critical Infrastructure Information and Cyber ​​Security (ICIC) and Internet Sano

    AR0003, 2013, Capacity Building

  79. Electronic Procurement System

    AR0004, 2013, E-Government

  80. Despapelización

    AR0005, 2013, E-Government

  81. Expansion of the Ict Survey (ENTIC)

    AR0006, 2013, Capacity Building

  82. Creating a Public Data Portal

    AR0007, 2013, E-Government

  83. Best Practices Manual Open Government

    AR0008, 2013, OGP

  84. New Procedures Portal

    AR0009, 2013, E-Government

  85. State Map

    AR0010, 2013, Capacity Building

  86. Link Training Plan and Those Responsible for Access to Information Public

    AR0011, 2013, Capacity Building

  87. Data Processing Matrix of Decree 1172/2004

    AR0012, 2013, E-Government

  88. Bill to Reform the Judiciary

    AR0013, 2013, Justice

  89. Federalization of the Working Groups of the Digital Agenda

    AR0014, 2013, E-Government

  90. Open Government National Event

    AR0015, 2013, Capacity Building

  91. Hackathon Public Data

    AR0016, 2013, Capacity Building

  92. Encouraging Participation Mechanisms Provided by Decree 1172-1104

    AR0017, 2013, Capacity Building

  93. Regulation of Law 26654

    AR0018, 2013, Capacity Building

  94. Improved Commitment Letter Citizen Program

    AR0019, 2013, Capacity Building