Children in Danger: Argentina’s Insufficient Response at UN Hearings

During the hearings of the UN Committee on the Rights of the Child, held on September 2 and 3, 2024, Argentina participated virtually, which generated criticism of its commitment. Among the main concerns raised were the growing child poverty and the proposal to lower the age of criminal responsibility. The absence of clear responses from the State on issues of institutional violence and the lack of resources for child protection institutions were also questioned.

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Context: The Review of Compliance with the Convention on the Rights of the Child

The hearings of the UN Committee on the Rights of the Child are a crucial instance for monitoring the implementation of the Convention on the Rights of the Child (CRC), which all States Parties must comply with. Every five years, countries submit a report on the situation of the rights of children and adolescents (NNA), and their progress in the protection of these rights. This process includes not only the official report of the State, but also the “shadow reports” of civil society organizations and documents from independent experts, which offer a critical and detailed view of the reality in each country.

During the recent sessions held on September 2 and 3 in Geneva, Switzerland, Argentina participated virtually, which generated concern and questions regarding its commitment to this international body.

Key findings from Argentina’s participation

• Virtual participation: a worrying sign

The absence of Argentine representatives in Geneva and the virtual participation of the State was one of the most criticized points during the sessions. This fact is not only symbolically negative, but also limits the quality of dialogue and interaction between the Committee and state representatives. The lack of presence was repeatedly regretted by members of the Committee, pointing out that Argentina had historically been a country committed to being present at these instances.

• Child Poverty: An Ignored National Emergency

During the hearings, it became clear that several key aspects of the protection of children’s rights have suffered significant setbacks. Among the most alarming, the high rate of child poverty stands out as a central issue.

Hynd Ayoubi Idrissi, an expert of the Committee and coordinator of the Working Group for Argentina, was one of the main voices to point out that “more than seven million children live in poverty”. In a similar intervention, Luis Pedernera cited data from UNICEF, stating that 7 out of 10 children in Argentina live in poverty. He also criticized the response of the Argentine State regarding the increase in the budget allocated to children, pointing out that this increase was absorbed by inflation.

According to a report by ACIJ (Civil Association for Equality and Justice), it is highlighted that in the first six months of 2024, more than 1.5 million children became poor and almost 1.9 million became destitute. The main budget cuts have affected key areas such as Food Policies, with a 29% reduction, and 20% less in the Food Benefit, leaving the 48% increase in the AUH insufficient. In Education, the budget has fallen by 43.7%, impacting quality and coverage. In Health, the Life Course Approach program, vital for children, suffered a 50% cut compared to 2023 and is 12 times smaller than in 2021. Progresar Scholarships, construction of kindergartens and school infrastructure were also cut, with some programs eliminated or severely reduced.

According to the National Constitution and Law 26.061, the Argentine State has the duty to ensure sufficient resources to guarantee the rights of children and adolescents. This includes social protection, health and education, with the obligation not to reduce investment compared to previous years. The current economic crisis requires urgent action to increase funding and ensure decent conditions for the comprehensive development of minors. Law 26.061 requires the allocation of resources in a privileged manner (art. 5) for children and adolescents and establishes that “the budgetary provision may in no case be less than the highest provision or execution of previous years” (art. 72).

• Criticism of the proposed law to lower the age of criminal responsibility

A point of great controversy was the bill that seeks to lower the age of criminal responsibility, in direct opposition to the Committee’s previous recommendations in 2018. The insistence on this proposal seems to respond more to a punitive approach than to preventive measures or those that seek to protect and accompany children and adolescents in conflict with the criminal law, which generates significant concern about the future of adolescent rights in Argentina.

Furthermore, the measures proposed by the State seem to be aimed at penalizing poverty. In our region, juvenile delinquency is closely related to the unequal distribution of wealth and its impact on the labor market. There are many cases where young people in vulnerable situations find themselves in a situation of delinquency due to the lack of alternatives and opportunities that help them escape this situation. It is essential to implement policies that accompany, listen to, and protect adolescents; filling detention centers or residences is not the solution, since they often face conditions of vulnerability similar to those experienced on the streets.

The Argentine State has a debt to these young people. What is being done for those who are not receiving preventive measures? What can be done to protect and accompany them? Do the children and adolescents have someone who listens to them and understands their needs?

• State’s inability to respond to key issues

Several critical issues remained unanswered by the Argentine delegation. These included institutional violence against children and adolescents and the reduction in child vaccination coverage. In addition, the Committee questioned the lack of guarantees regarding the continuity of key institutions such as the Office of the Ombudsman for Children and the reduction of other entities essential for child protection.

In its conclusions, the UN Committee expressed its “serious concern about the institutional and political changes proposed from the end of 2023, and the impact they may have on the protection of children’s rights, including: the reduction, merger and elimination of ministries, and the replacement of the National Secretariat for Children, Adolescents and Family (Senaf) by a new, lower-ranking undersecretariat”, questioning whether this new entity will have the necessary and sufficient resources to fulfill its function.

On issues of institutional violence and discrimination, especially towards migrant children, the State has failed to offer satisfactory responses. This silence is particularly alarming considering the stereotypical discriminatory perceptions fostered by some media outlets, which perpetuate the marginalization of these communities.

• Underfunding of the ENIA Plan

Finally, the lack of funding for the National Plan for the Prevention of Unintentional Pregnancy in Adolescence (ENIA) was another issue of great concern. This plan had achieved a notable decrease in teenage pregnancies in the most affected provinces of the country. Its closure not only represents a setback in the health and sexual and reproductive rights of adolescents, but also exposes this vulnerable population to greater risks in an already adverse context.

Current situation of Argentina before the UN and next steps

Following these hearings, Argentina’s situation before the UN is worrying. The lack of in-person presence, combined with the setbacks seen in critical areas such as child poverty, institutional violence and the lack of protection of children’s rights, places the country in a vulnerable position vis-à-vis international organizations.

The Committee on the Rights of the Child will continue to closely monitor the situation in Argentina, and the State is expected to respond to the observations and recommendations with concrete and effective actions. The role of organizations such as Fundeps will continue to be crucial in ensuring that the rights of children and adolescents are not relegated from the public agenda.

Author

Melina Terreno

Legal Department Contact

María Luz Baretta, luzbaretta@fundeps.org