The Committee has urged Argentina to remove legal barriers for survivors of childhood abuse to access justice by not time-baring prosecution against abusers. CRIN, alongside partners in Argentina, called on the Committee to issue this recommendation, which is one of the main demands survivors make of their governments.

[19 September 2024, Buenos Aires and London] The United Nations’ top children's rights body has called on the government of Argentina to eliminate statutes of limitation in cases of sexual violence against children. 

The Committee on the Rights of the Child, which is made up of 18 independent experts on children's rights from around the world, urged Argentina on Monday to "Lift the statute of limitations on child sexual abuse cases".

The request was published in the Committee's report following its review of the country’s implementation of children’s rights, which are enshrined in the Convention on the Rights of the Child. The Convention is the most widely ratified human rights treaty in the world and includes the full range of children's human rights, including their right to protection from exploitation and sexual violence. Argentina ratified the Convention in December 1990. 

The Committee's call follows a civil society report it received from a coalition of 18 Argentinean organisations, including ARALMA, Asociación Civil contra el Abuso Sexual de Niños, Niñas y Adolescentes - ASI Basta, and the Red de Sobrevivientes de Abusos Eclesiásticos de Argentina. In the report, the authors ask the Committee to recommend that the Argentinean State "improve the situation regarding systemic barriers to access to justice for survivors of childhood sexual violence, specifically through the elimination of statutes of limitation." 

In 2023, ARALMA proposed lifting the limitation periods via a draft bill, which received support from the national lawmaker Gabriela Brouwer de Koning and 14 other signatories. 

What is happening today in Argentina with regard to criminal prosecution?

In cases of child sexual violence, Argentina has only extended the statute of limitations. Before 2011, sexual abuse was treated like any other crime and the time a victim had to report their abuser was 12 years. After that their case would be blocked from prosecution because the limitation period would have expired. After the adoption, in 2011, of the Piazza Law (No. 26.705 of the Penal Code), the statute of limitations started to run from the moment the victim reached the age of majority, that is, 18 years old. And in 2015, the law was amended once again, with the current Law 27.206 suspending the 12-year statute of limitations until the victim decides to file a complaint at any age an adult. 

Despite Argentina's extension of the statute of limitations, however, the nation still lags behind the growing number of Latin American countries that have already abolished altogether the statute of limitations for child sexual abuse, including El Salvador, Ecuador, Peru, Chile, Colombia and Mexico.

Explaining the need for the crime to not be subject to a statute of limitations, the authors of the civil society report stress that "it can take many years for a victim of sexual abuse to recognise and accept that they have been the victim of a crime of this nature", and that "it is necessary to guarantee the possibility of investigation and prosecution when a victim is ready to report the perpetrator". They point out, however, that abuse survivors often come up against a major obstacle: the statute of limitations, and that "in most cases in Argentina, judges acquit the accused because the statute of limitations has expired, sometimes even without reaching trial." But the authors argue that "countries should consider sexual abuse in childhood as a serious public health problem, for which it is necessary to establish a differentiated treatment in terms of time limits placed on survivors and the type of assistance offered to them." 

On this point, the Committee on the Rights of the Child issued four overall recommendations to improve the situation for abuse survivors:

• ensure that all cases of child abuse, including sexual abuse, are reported and investigated promptly, and that reparations are provided to victims;

• eliminate the statute of limitations for child sexual abuse cases; 

• ensure that all children who are victims or witnesses of violence have immediate access to interventions with the aim of preventing secondary re-victimisation; and 

• strengthen support measures for pregnant adolescents who have become pregnant as a result of sexual abuse and violence.

What else does the UN Committee say

In its report, the Committee also expresses concern about systemic deficiencies in Argentina that have led to "high levels of sexual violence and abuse of children". According to data from the Ministry of Justice, Argentina recorded a 126% increase in the number of complaints of sexual violence against child victims between 2017 and 2022. The same source also highlights that under-18s represent 58% of all victims of sexual abuse in the country, and that six out of every ten child victims are girls; moreover, in 85% of cases, the abuser was a person known to the victim. 

Additionally, the Committee says it is "deeply concerned that child marriage is legally permitted from the age of 16 with the consent of legal representatives, or before the age of 16 with judicial dispensation". It urges Argentina to “legally set the minimum age of marriage at 18, without exceptions, and redouble efforts to eradicate child marriage or unions”, which it defines as harmful practices.

In its report, the Committee also urges Argentina to facilitate and promote mandatory reporting, to create reporting mechanisms and channels for child victims, to develop a national plan of action for the prevention of violence against children, and to establish a centralised database that includes statistics on sexual violence against children and adolescents. 

Where Argentina ranks regionally

In 2023, the country came last in Latin America and the Caribbean in a global ranking by Economist Impact, which analyses the performance of 60 countries in addressing, preventing and responding to sexual violence against children and adolescents. According to the study, the low ranking is due to several reasons, including that the country does not have a national action plan to address cases of sexual exploitation and abuse, the age of sexual consent of 13 is well below the international standard of 16, and the country has not yet removed the statute of limitations for child sexual abuse.

Sonia Almada, founder and president of ARALMA, commented on the Committee's report, highlighting that “Argentina has an outstanding debt towards the survivors of sexual violence and with today's child victims. The elimination of the statute of limitations in these cases is fundamental to guarantee justice and put an end to the impunity that benefits sex offenders and sacrifices the lives of the victims. Furthermore, the difficult path to justice and the absence of prevention campaigns contribute to the naturalisation of these abhorrent practices. It is urgent that Argentina take action to protect our children.” 

Victor Sande-Aneiros, campaign coordinator of the Child Rights International Network, which supports survivor-led networks in Latin America in their campaigns for truth, justice and reparation, believes that the Committee's recommendations “make it clear that a robust response to child sexual violence requires measures to ensure access to justice for survivors. The statute of limitations is one of the biggest barriers that survivors face, and many countries have already removed this barrier. Now Argentina could be the next country in Latin America to do the same.”

ENDS

Notes to editors

Media enquiries:

• Press contact: Soledad Bavio +54 9 2284 63-3542

• Sonia Almada, Asociación Civil ARALMA aralma@aralma.org   

• Victor Sande-Aneiros, Child Rights International Network (CRIN) victor@crin.org  

ARALMA is an Argentinean civil society organisation founded in 2003 and dedicated to the promotion and prevention of children's and young people's rights. It develops actions and alliances with national and international organisations to raise awareness about the abuse of babies, children, adolescents and women. It works on legislative advocacy and with the media, as well as promoting knowledge and research on the issues that affect the populations with which it works. www.aralma.org  

CRIN is a human rights organisation with a focus on children's rights. We press for rights, not charity, and campaign for genuine change in the way governments and societies view and treat children. Our goal is a world where children's human rights are recognised, respected and enforced, and where every rights violation has a remedy. www.crin.org