Federalization of the Micaela Law (AR0091)
Overview
At-a-Glance
Action Plan: Argentina Action Plan 2019-2022
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
Access to Justice, Capacity Building, Gender, Judiciary, Justice, Legislative, Marginalized Communities, Open Parliaments, Subnational, Sustainable Development GoalsDescription
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
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Transparency in Extractive Industries
AR0079, 2019, Access to Information
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Interactive Map for Information about Indigenous People
AR0080, 2019, Capacity Building
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Budget Transparency
AR0081, 2019, Access to Information
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Opening of Information in the Public Works Contracting System
AR0082, 2019, Access to Information
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Legal Needs Survey
AR0083, 2019, Access to Information
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Public Information on Human Trafficking
AR0084, 2019, Access to Information
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Publishing Water and Sanitation Data
AR0085, 2019, E-Government
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Transparency of the National Judicial Council
AR0086, 2019, Access to Information
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Transparent Recommendations of the General Audit Office
AR0087, 2019, Anti-Corruption
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Federal Penitentiary Diagnosis
AR0088, 2019, Access to Information
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Active Transparency Initiative
AR0089, 2019, Access to Information
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Federal Program on Open Government
AR0090, 2019, Capacity Building
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Federalization of the Micaela Law
AR0091, 2019, Access to Justice
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Gender Disaggregated Employment Data
AR0092, 2019, Access to Information
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Systematize Information About Sexual and Reproductive Health Policies
AR0093, 2019, Capacity Building
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Open Congress Action Plan
AR0094, 2019, Legislative
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Opening of Information on the Selection Process of Judges
AR0035, 2017, Capacity Building
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Opening of Public Information on Disciplinary Procedures for Judges
AR0036, 2017, Access to Information
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Second Stage of Portal "Datos.Jus.Gov.Ar"
AR0037, 2017, Access to Information
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Open in the Change Process Files to Open Government
AR0038, 2017, Access to Information
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Bring the Budget to Citizens: Bill Diffusion Budget and Monitoring Public Policy Priority
AR0039, 2017, E-Government
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Integrated Mining Information System
AR0040, 2017, Anti-Corruption
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Productive Data Portal
AR0041, 2017, Access to Information
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Platform on Climate Change: Information Transparency and Action
AR0042, 2017, Access to Information
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Implementation of Data Standard for Open Procurement (EDCA)
AR0043, 2017, Access to Information
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Opening Information Gender Equity in Science and Technology for Influencing Public Politics
AR0044, 2017, Access to Information
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Opening Data from the National Congress
AR0045, 2017, Access to Information
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Transparency and Participation in Health Policy: Implementation of Mechanisms to Prevent Conflicts of Interest
AR0046, 2017, Anti-Corruption
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Deepening the Openness and Transparency of Information Related to Procurement and Contracting of PAMI
AR0047, 2017, Access to Information
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Elaboration of a Bill Funding of Political Parties
AR0048, 2017, Legislation & Regulation
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Monitoring of the National Action Plan for the Prevention, Assistance and Eradication of Violence Against Women 2017-2019
AR0049, 2017, Access to Information
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Publication of Audit Recommendations in Argentine Prisons
AR0050, 2017, Access to Information
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Strengthening the Regime of Financial Disclosure Reports and Interest
AR0051, 2017, Anti-Corruption
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Proactive Publication of Reports and Audits by the Office of the Comptroller General
AR0052, 2017, Anti-Corruption
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Capacity Building in the Analysis of Public Accounts for Specific Actors
AR0053, 2017, E-Government
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National Board of the Priority Projects of the Ministry of Modernization
AR0054, 2017, E-Government
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Improving the Mechanism of Popular Initiative
AR0055, 2017, Fiscal Openness
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Practical Training on Open Government
AR0056, 2017, Capacity Building
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Participatory Development of a National Plan for Equal Opportunities
AR0057, 2017, Gender
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Promotion of Mechanisms to Engage Civil Society in the Audit Cycle
AR0058, 2017, Access to Information
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Opening Spaces for Discussion and Training on the Electoral Process in Argentina
AR0059, 2017, Education
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Public Consultation for the Generation of Statistical Data on Education
AR0060, 2017, Capacity Building
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Strengthening the Area of Citizen Participation "Commitment to Education"
AR0061, 2017, E-Government
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Citizen Participation in the Cycle of Cultural Policies Home Programs History and Culture of the Bicentennial
AR0062, 2017, E-Government
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Perceptions and Representations of People with Disabilities on Service Institutions
AR0063, 2017, Capacity Building
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Bureau of Policy Dialogue Habitat
AR0064, 2017, E-Government
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Young Guide
AR0065, 2017, E-Government
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Innovation Lab for Guaranteeing Rights Bodies and External Control
AR0066, 2017, Anti-Corruption
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Technology and Electoral Process
AR0067, 2017, Capacity Building
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Promotion and Strengthening Policies of Open Government in the Municipalities of the Province
AR0068, 2017, Access to Information
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Open Urban Observatory Works: Accountability and Citizen Participation
AR0069, 2017, Access to Information
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Platform Linking Civil Organizations and the Provincial Government
AR0070, 2017, Capacity Building
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Strengthening Open Government Policies: to Promote Citizen Participation in Chubut
AR0071, 2017, Capacity Building
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Institutionalization of Open Government Policies in the Province of Córdoba
AR0072, 2017, Access to Information
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Collaborative Network Between Civil Society Organizations and State
AR0073, 2017, E-Government
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Expanding Ecosystem of Access to Information in the Municipalities
AR0074, 2017, Access to Information
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Strengthening Policies Open Data in Municipalities of the Province of Mendoza
AR0075, 2017, Access to Information
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Participatory Platform for Citizen Protection
AR0076, 2017, E-Government
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Participatory Preparation of a Draft Open Government Act Provincial
AR0077, 2017, Legislation & Regulation
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Opening Information Service Justice
AR0078, 2017, Access to Information
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State Capabilities in Open Government
AR0020, 2015, Capacity Building
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Public Data Portal
AR0021, 2015, Access to Information
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Participatory Policies for People with Disabilities
AR0022, 2015, Capacity Building
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Advertising Rules
AR0023, 2015, Access to Information
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Open University
AR0024, 2015, Access to Information
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New Commitments in Average
AR0025, 2015, Public Participation
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Roundtable
AR0026, 2015, Public Participation
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Social Security Statistics
AR0027, 2015, Access to Information
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Federalization of Open Government Practices
AR0028, 2015, Capacity Building
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Pilot Platform Public Nformation
AR0029, 2015, Access to Information
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Platform "Justice 2020"
AR0030, 2015, Access to Information
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Map Support
AR0031, 2015, E-Government
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Virtual Networking Unit Technology
AR0032, 2015, E-Government
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Virtual Technological Linkage Unit - Data Management
AR0033, 2015, Access to Information
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Transparency of Information
AR0034, 2015, Access to Information
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Digital Signature
AR0001, 2013, E-Government
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Argentine Public Software
AR0002, 2013, E-Government
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National Program for Critical Infrastructure Information and Cyber Security (ICIC) and Internet Sano
AR0003, 2013, Capacity Building
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Electronic Procurement System
AR0004, 2013, Anti-Corruption
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Despapelización
AR0005, 2013, E-Government
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Expansion of the Ict Survey (ENTIC)
AR0006, 2013, Capacity Building
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Creating a Public Data Portal
AR0007, 2013, Access to Information
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Best Practices Manual Open Government
AR0008, 2013,
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New Procedures Portal
AR0009, 2013, E-Government
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State Map
AR0010, 2013, Capacity Building
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Link Training Plan and Those Responsible for Access to Information Public
AR0011, 2013, Capacity Building
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Data Processing Matrix of Decree 1172/2004
AR0012, 2013, Access to Information
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Bill to Reform the Judiciary
AR0013, 2013, Access to Information
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Federalization of the Working Groups of the Digital Agenda
AR0014, 2013, E-Government
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Open Government National Event
AR0015, 2013, Access to Information
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Hackathon Public Data
AR0016, 2013, Capacity Building
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Encouraging Participation Mechanisms Provided by Decree 1172-1104
AR0017, 2013, Access to Information
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Regulation of Law 26654
AR0018, 2013, Capacity Building
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Improved Commitment Letter Citizen Program
AR0019, 2013, Capacity Building