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Proposed Removal of Femicide from Argentine Penal Code Draws Criticism

News RoomBy News RoomJanuary 30, 2025
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The administration of Argentinian President Javier Milei has ignited a firestorm of controversy with its proposed removal of femicide as a distinct legal category from the country’s penal code. Justice Minister Mariano Cúneo Libarona defended the move, asserting that it aligns with the constitutional principle of equality before the law, arguing that all lives hold equal value. This declaration clashes sharply with the perspective of human rights advocates who contend that acknowledging and specifically addressing gender-based violence is crucial for protecting women. Femicide, defined as the killing of a woman because of her gender, was codified into Argentinian law in 2012 and carries a life sentence. Despite this legal recognition, the number of femicides has remained alarmingly high, with hundreds reported annually. Critics of the proposed change argue that removing this specific legal framework would erase crucial protections for women and girls, rendering them more vulnerable to violence.

President Milei, a far-right populist, has been a vocal critic of what he labels “radical feminism” and “wokeism.” During his address at the World Economic Forum in Davos, he denounced what he sees as a distorted notion of equality, highlighting the concept of femicide as an example of overly prioritizing women’s lives. He argued that differentiating the killing of a woman as femicide, and consequently applying harsher penalties compared to the killing of a man, creates a legal imbalance that contradicts the principle of equal value for all lives. This stance reflects Milei’s broader ideological opposition to gender-based policies and initiatives.

The proposal to remove femicide from the penal code has sparked widespread concern among women’s rights organizations and human rights defenders. Amnesty International, for example, has warned of the heightened risks to women and girls if this legal protection is eliminated. The move marks a significant shift in Argentina’s approach to gender equality, a country previously considered a regional leader in progressive legislation regarding women’s rights and diversity. Since Milei assumed office in December 2023, his administration has consistently targeted programs and policies designed to protect and empower women.

The dismantling of the Ministry of Women and the Undersecretariat for Protection against Gender Violence, alongside the scaling back of support services for victims of gender-based violence, illustrates a concerted effort to dismantle the existing framework for addressing violence against women. Argentina’s vote against a UN resolution combating online violence against women and girls further underscores the administration’s departure from international efforts to protect women in digital spaces. These actions, coupled with the proposed penal code reform, paint a picture of a government actively rolling back hard-won advancements in women’s rights.

Milei’s agenda extends beyond the issue of femicide to encompass a broader dismantling of what he perceives as “gender ideology.” His administration has set its sights on repealing measures that promote gender parity in political representation, labor quotas for sexual minorities, and the recognition of non-binary identities. This comprehensive approach reflects a deeply conservative stance that seeks to reconfigure Argentina’s legal and social landscape regarding gender and sexuality. The confluence of these policy shifts suggests a deliberate attempt to undermine the progress made in recent years towards a more inclusive and equitable society.

The inauguration of US President Donald Trump, an ally of Milei, appears to have emboldened the Argentinian president’s pursuit of this conservative agenda. Trump’s own executive order dismantling diversity, equity, and inclusion programs within the US federal government resonates with Milei’s ideological opposition to what he considers “woke” policies. This alignment between the two leaders signifies a growing international movement pushing back against progressive social agendas, potentially influencing other countries to adopt similar measures. The convergence of these political currents raises concerns about the future of gender equality and human rights protections globally. It remains to be seen whether Milei’s minority government will secure enough congressional support to enact these controversial reforms, but the proposed changes have already sparked significant debate and resistance within Argentina and on the international stage.

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