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V.D.A v. Argentina

Reference: CCPR/C/101/D/1608/2007

Decision Year: 2011-03-29

Information Source: Insgenar, Cladem and ACDD (NGOs representing the victim)

According to the Victim or his/her Counsel:

  • The victim’s representatives learned from the Ministry of Foreign Affairs that the government had requested the Committee six more months (that is until April 2012), in addition to the time limit given, to give FULL compliance to the decision.
  • The victim’s representatives have tried in several occasions to contact the government in order to advocate for the compliance with the Committee’s decision. In August 2011 they proposed the Ministry of Foreign Affairs the creation of a working group for the follow-­?up and compliance with this decision. The government has never replied to this request.
  • The victim has not yet been compensated.
  • More than 10 cases have been identified since the adoption of the decision in which the right to a legal and safe termination of pregnancy has been denied, one of the cases involving the rape of an 11 year-­?old girl.
  • Some progress has been made with regard to the prevention of similar violations:(i) the Supreme Court has indicated that art. 86 of the Criminal Code (allowing mentally handicapped women, who had been raped, the right to interrupt the pregnancy) was constitutional and should be applicable to any raped women, handicapped or not; (ii) the Ministry has issued a Technical Guide for non-­? punishable abortion.
Compensation has not yet been granted and there are no efforts on the side of the government to create a working group for the compliance of the decision. However, the steps towards prevention are encouraging. The decision has not been published either, to the best of the author’s knowledge.

Related Articles:

  • Article 17 Article 18 Article 2 Article 3 Article 7

Keywords:

  • Freedom of religion Torture / ill-treatment

Case Summary: link Click Here

Full Case:
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