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Provisions related to slavery are found in the Constitution at article 15 and the Penal Code at article 140 which criminalises slavery.
There appears to be no legislation in place in Argentina which prohibits institutions and practices similar to slavery. However, the Penal Code at article 140 prohibits compulsion to servile marriage.
Provisions related to servitude are found in the Penal code at article 140 which prohibits servitude.
Provisions related to forced labour are found in the Penal Code at article 140 which criminalises forced labour.
Provisions related to trafficking in persons are found in the Penal Code at articles 145 bis and 145 ter.
Provisions related to forced marriage in Argentina are found in the 1984 Criminal Code, which addresses concealing impediments that can cause the absolute nullity of the marriage from the other party at Article 135, with a potential penalty of imprisonment from two to six years. Article 134 addresses getting into a marriage knowing the existence of an impediment that can cause the absolute nullity of the marriage, with a potential penalty of imprisonment from one to four years. Article 136 also addresses authorising a marriage in presence of such impediments, with a potential fine of seven hundred fifty to twelve thousand five hundred pesos and special disqualification for six months to two years.
Provisions requiring consent to marriage in Argentina are found in the Civil Code 1871, section 406 of which states that for the existence of marriage is essential the consent of both parties expressed personally and jointly before the competent authority to celebrate it, except as provided in this Code for distance marriage. The act that lacks this requirement does not produce civil effects. Section 425 of the Civil Code further recognizes that the consent of a party is invalidated where the person is forced through the voice of error, fraud or violence. Section 403 of the Civil Code further recognizes that the consent of a party is invalidated where the person lacked mental capacity.
There appears to be no legislation in Argentina that prohibits servile matrimonial transactions.
There appears to be no legislation in Argentina that prohibits marriage trafficking.
The minimum age for marriage in Argentina is 18, without differentiation by gender, as set out on Article 403 of the 1871 Civil Code. Where marriages are conducted involving a person below the minimum age, they are considered relatively null, as set out on Article 425 of the 1871 Civil Code. However, marriages between the ages of 16 and 18 are permitted with a permission from the legal representative and marriages under the age of 16 are allowed after a judicial dispensation, taking into account the age and degree of maturity of the person, as set out on Article 404 of the 1871 Civil Code. These exceptions are not differentiated by gender.
Latin America and Caribbean
Inter-American Court of Human Rights
Civil
Paragraph 39
Slavery was abolished throughout the entire territory of the Argentine Republic even before the promulgation of the National Constitution (1 May 1853). Article 15 of the Constitution states:
“In the Argentine nations there are no slaves; the few that exist today are free with effect from the promulgation of this Constitution; and special law shall regulate whenever indemnifications this declaration may give rise to. Any contract for the purchase or sale of persons is a crim for which those committing it, and the notary or officer authorizing it, shall be responsible. And slaves, whatever the manner in which they shall be introduced, shall be free by the mere fact of setting foot on the territory of the Republic.”
Paragraph 40
Furthermore, under the Criminal Code any violation of individual freedom is an offence This, article 140 provides that:
“Anyone who reduces a person to servitude or any similar condition, and anyone who receives a person in a state of servitude with a view to keeping him in that condition, shall be liable to a penalty of three to fifteen years’ rigorous imprisonment or imprisonment.
Article 14bis
Labor in its diverse forms shall enjoy the protection of the law, which shall ensure to workers: dignified and equitable working conditions; a limited working day; paid days of rest and vacation; fair remuneration; adjustable minimum living wages; equal pay for equal work; a share in the earnings of enterprises, with control over production and collaboration in management; protection against arbitrary discharge; permanence of public employment; free and democratic organization of labor unions, recognized simply by inscription in a special register.
Trade unions are hereby guaranteed: [the right] to conclude collective bargaining agreements; [the right] to resort to conciliation and arbitration; the right to strike. Union representatives shall enjoy the guarantees necessary for the performance of their union tasks and those relating to the permanence of their employment.
The State shall grant the benefits of social security, which shall be comprehensive and unwaivable. In particular, the law shall establish: compulsory social security, which shall be under the charge of national or provincial entities having financial and economic autonomy, administered by the interested parties with State participation, but without the existence of overlapping contributions; adjustable retirement pay and pensions; full protection of the family; protection of the welfare of the family; economic compensation to families and access to decent housing.
Article 15
In the Argentine Nation there are no slaves; the few that exist today are free from the promulgation of this Constitution; and a special law shall regulate the indemnification arising from this declaration. Any contract of purchase and sale of persons is a crime for which those performing it, and the notary or official approving it, shall be responsible. And slaves, by whatever manner they may be introduced, shall be free by the mere act of setting foot in the territory of the Republic.
Article 127
It will be repressed with imprisonment of four (4) to six (6) years, which will exploit financially the exercise of prostitution of a person, even if the consent of the victim.
The penalty shall be five (5) to ten (10) years in prison, if any of the following circumstances occur:
1. Mediare deceit, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or of a situation of vulnerability, or granting or receiving payments or benefits to obtain the consent of a person having authority over the victim .
2. The author is an ascendant, descendant, spouse, relative in a straight line, collateral or cohabiting, guardian, curator, authority or minister of any cult recognized or not, or in charge of education or guardianship of the victim.
3. The author was a public official or member of a security force, police or penitentiary. When the victim is under eighteen (18) years the penalty shall be ten (10) to fifteen (15) years in prison.
Article 140
Those who reduce a person to slavery or servitude, under any modality, and whoever receives it in such condition to maintain it in it, shall be punished with imprisonment or imprisonment of four (4) to fifteen (15) years. In the same penalty shall be incurred by a person to perform forced labor or services or to contract servile marriage.
Article 141
Be repressed with imprisonment or imprisonment from six months to three years; The one that illegally deprives another of his personal freedom.
Article 142
Prison or imprisonment of two to six years, which deprives another of his personal freedom, will be applied when any of the following circumstances:
1. If the act is committed with violence or threats or for religious purposes or revenge;
2. If the act is committed in the person of an ascendant, a brother, the spouse or another individual to whom particular respect is due;
3. If it results in serious harm to the person, health or business of the victim, provided that the fact does not matter another crime for which the law imposes greater penalty;
4. If the act is committed by simulating public authority or
Public authority;
5. If the deprivation of liberty lasts more than one month.
Article 142 bis
Prison or imprisonment of five (5) to fifteen
(15) years, to which he subtracts, retains or conceals a person for the purpose of forcing the victim or a third party to do, not do, or tolerate something against your will. If the author achieves its purpose, the minimum penaltyshall be increased to eight (8) years.
The penalty shall be from ten (10) to twenty-five (25) years of imprisonment or imprisonment:
1. If the victim was a pregnant woman; A minor of eighteen (18)
year old; Or over seventy (70) years of age.
2. If the fact is committed in the person of an ascendant; of a
brother; Of the spouse or partner; Or of another individual to whom it is due respect.
3. If serious or very serious injury is caused to the victim.
4. Where the victim is a person who is disabled, ill or unable to
Fend for herself.
5. When the agent is an official or public employee or belongs or has belonged to the moment of commission of the fact to an armed force, security or intelligence agency of the State.
6. When three (3) or more persons participate in the event.
The penalty shall be from fifteen (15) to twenty-five (25) years of imprisonment if the offended person’s death results, as a consequence not wanted by the author.
The penalty shall be imprisonment or life imprisonment if it is caused intentionally the offended person’s death.
The penalty of the participant who, dissociating himself from the others, will strive to so that the victim can recover his freedom, without such a result being the consequence of the achievement of the author’s purpose, will be reduced by a third to the half.
Article 145
It will be repressed with imprisonment of two to six years, which will lead to a person outside the borders of the Republic, with the purpose of illegally submitting it to the power of another or enlisting it in a foreign army.
Article 145 bis
The person who offers, captures, transfers, receives or accepts persons for the purpose of exploitation, whether within the national territory, or to or from other countries, shall be punished by imprisonment of four (4) to eight (8) Although the consent of the victim will be measured.
Article 145 ter
In the cases of article 145 bis, the penalty shall be five (5) to ten (10) years imprisonment, when:
When the exploitation of the victim of trafficking in persons is consummated, the penalty shall be eight (8) to twelve (12) years in prison.
When the victim is under eighteen (18) years the penalty shall be ten (10) to fifteen (15) years in prison.
ARTICLE 134. – They will be punished with imprisonment from one to four years, those who get married knowing both that there is an impediment that causes their absolute nullity.
ARTICLE 135. – They will be punished with imprisonment from two to six years:
1st. He who contracts a marriage when, knowing that there is an impediment that causes its absolute nullity, conceals this circumstance from the other party;
2nd. Whoever cheats on a person, simulates marriage with her.
ARTICLE 136. – The public official who knowingly authorizes a marriage of those included in the previous articles, will suffer, where appropriate, the penalty that is determined therein. If he authorizes it without knowing it, when his ignorance comes from not having fulfilled the requirements that the law prescribes for the celebration of the marriage, the penalty will be a fine of seven hundred fifty to twelve thousand five hundred pesos and special disqualification for six months to two years.
A public official who, apart from the other cases of this article, proceeds to celebrate a marriage without having observed all the formalities required by law will suffer a fine of seven hundred and fifty pesos to twelve thousand five hundred pesos.
ARTICLE 137. – The legitimate representative of a minor who gives consent for the marriage of the same shall incur the same penalty.
ARTICLE 140. – Those who reduce a person to slavery or servitude, under any modality, and whoever receives them in such condition to keep them there, will be punished with seclusion or prison from four (4) to fifteen (15) years. The same penalty shall be incurred by the person forcing a person to perform forced labor or services or to contract a servile marriage.
Argentina Criminal Code 1984 – English (PDF)
Argentina Penal Code 1984 – Sistema Argentino de Información Jurídica – Spanish (PDF)
Article 27 Emancipation
The celebration of marriage before eighteen years emancipates the minor person. The emancipated person enjoys full exercise capacity with the limitations provided in this Code. Emancipation is irrevocable. The nullity of the marriage does not invalidate the emancipation, except with respect to the spouse in bad faith for whom he ceases to the day the sentence passes in res judicata authority. If something is due to the minor person with a clause of not being able to perceive it Until the age of majority, emancipation does not alter the obligation or time of its enforceability.
Article 403 Marital impediments
They are decisive impediments to To get married:
a) kinship in a straight line in all degrees, whatever the origin of the bond;
b) kinship between bilateral and unilateral siblings, whatever the origin of the link;
c) straight-line affinity in all grades;
d) the previous marriage, while it exists;
e) having been convicted as the author, accomplice or instigator of the intentional homicide of one of the spouses;
f) be less than eighteen years old;
g) the permanent or temporary lack of mental health that prevents them from having discernment for the marriage act.
Article 404 Lack of nuptial age
Judicial dispensation. In the case of subsection f) of article 403, the minor who has not reached the age of 16 years You can marry after a judicial dispensation. The minor who has completed the age 16 can marry with permission from their legal representatives. In the absence of this, you can do so prior judicial dispensation.
The judge must hold a personal interview with the future spouses and with their legal representatives.
The judicial decision must take into account the age and degree of maturity reached by the person, referring especially to the understanding of the consequences legal of the matrimonial act; must also evaluate the opinion of representatives, if they had expressed it.
The dispensation for marriage between the guardian or his descendants with the person under your guardianship can only be granted if, in addition to the provisions provided in the previous paragraph, the accounts of the administration have been approved. If the same the way the marriage is celebrated, the guardian loses his / her assignment on the income of the ward in accordance with the provisions of article 129 subsection d).
Article 406 Requirements for the existence of the marriage
For the existence of marriage is essential the consent of both parties expressed personally and jointly before the competent authority to celebrate it, except as provided in this Code for distance marriage.
The act that lacks this requirement does not produce civil effects.
Article 408 Pure and simple consent
Marital consent does not It can be submitted to any modality. Any term, condition or charge is for not expressed, without affecting the validity of the marriage.
Article 409 Vices of consent
The following are vices of consent:
a) violence, fraud and error about the person of the other party;
b) the error about the personal qualities of the other contracting party, if proven that the person who suffered it would not have consented to the marriage if he had known that state of affairs and reasonably appreciated the union he entered into.
The judge must assess the essentiality of the error considering the circumstances personal information of the person who alleges it
Article 424 Absolute nullity. Legitimate
The marriage celebrated with any of the impediments established in the paragraphs a), b), c), d) and e) of article 403.
Nullity can be claimed by either spouse and by those who they could oppose the celebration of the marriage.
Article 425 Relative nullity. Legitimate
It is of relative nullity:
a) the marriage celebrated with the impediment established in subsection f) of article 403; Invalidity can be claimed by the spouse who suffers the impediment and by those who on their behalf could have opposed the celebration of marriage. In the latter case, the judge must hear the adolescent, and taking into account their age and degree of maturity, it makes room or not the request of nullity.
If rejected, the marriage has the same effects as if it had been celebrated with the corresponding dispensation. The annulment petition is inadmissible after that the spouse or spouses have reached the legal age.
b) the marriage celebrated with the impediment established in subsection g) of the Article 403. Nullity can be claimed by either spouse if they did not know the impediment.
The nullity cannot be requested if the spouse who suffers from the disability has continued cohabitation after regaining health; and in the case of healthy spouse, after having known the impediment.
The term to file the claim is one year, which is computed, for which suffers from the handicap, since regaining mental health, and for the healthy spouse since he knew the impediment.
Nullity can also be demanded by the relatives of the person who suffers from the disability and who could have opposed the celebration of the marriage. The term to file the claim is three months from the date of celebration of marriage. In this case, the judge must hear the spouses, and evaluate the situation of the affected person in order to verify if he understands the act that celebrated and what is your wish about it.
c) the marriage celebrated with any of the vices of consent to which Article 409 refers. Nullity can only be claimed by the spouse who has suffered the vice of error, fraud or violence. Nullity cannot be requested if it has been continued cohabitation for more than thirty days after meeting the mistake or the violence has stopped. The deadline for filing the claim is one year since cohabitation ceases
Article 429 Effects of the good faith of one of the spouses
If only one of the spouses is in good faith, the marriage produces all the effects of marriage valid, but only with respect to the spouse in good faith and until the day of the sentence declare nullity.
The nullity gives the spouse in good faith the right to:
a) request financial compensation, to the extent mentioned in the articles 441 and 442; the term is computed from the sentence that declares the nullity;
b) revoke the donations made to the spouse in bad faith
c) sue for compensation for damages to the spouse in bad faith and to the third parties that have caused the error, committed fraud, or exercised violence.
If the spouses had been subject to the community regime, that of good faith can choose:
i) considering that the marriage has been governed by the separation regime of goods;
ii) for liquidating the assets through the application of the rules of the community;
iii) for requiring the demonstration of the contributions of each spouse in order to divide the goods in proportion to them as if it were an unincorporated company regularly
Article 435 Causes of dissolution of the marriage
Marriage dissolves by:
a) death of one of the spouses;
b) final judgment of absence with presumption of death;
c) judicially declared divorce