Argentina

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Argentina

RightSectionContents
Freedom of AssociationHistoryThe first assertion of the freedom of association of Argentina can be found in Part I, Chapter 1, Article 14 of the Constitution of the Argentine Nation of 1853. The 1853 Constitution as amended to 1957 specifies association rights with reference to labor unions and trade unions. This language remains in the Constitution as amended to 1994.

References:

1853 Argentina Constitution:French translation of the original Constitution of 1853 780 (2010) Chapter I: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzar0007&id=2&men_tab=srchresults

1853 Argentina Constitution as amended to 1957: English text of the Constitution of 1853 consolidated as amended to 1957. 3 (2011) First Part: Declarations, Rights, and Guarantees: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzar0015&id=7&men_tab=srchresults#

Argentina Constitution as of 1994: http://www.biblioteca.jus.gov.ar/Argentina-Constitution.pdf
Freedom of ExpressionHistoryIn Argentina the 1853 constitution laid the groundwork for freedom of expression. "Freedom of speech, although not expressly granted by the Argentine Constitution as it is in the Constitution of the United States, is nevertheless impliedly recognized in Article 14, which guarantees freedom of the press and which provides that all inhabitants of the nation have the right to publish their ideas through the press without previous censorship; and in Article 33, which provides that the declarations, rights, and guarantees enumerated in the Constitution shall not be considered a denial of other rights and guarantees not enumerated but which arise from the principle of the sovereignty of the people and of the republican form of government." (Amadeo, 186-187)

References:

Amadeo, Santos P.. Argentine Constitutional Law: The Judicial Function in the Maintenance of the Federal System and the Preservation of Individual Rights. New York Chichester, West Sussex: Columbia University Press, 1943. https://doi-org.proxygw.wrlc.org/10.7312/amad90398
Freedom of ReligionHistoryThough not explicitly focused on religious freedom, the 1826 Argentina Constitution seems oriented in Article 162 to elements of freedom of belief as a general matter: "The private actions of Men, which do not in any manner offend publick order, nor injure a third Person, belong alone to God, and are exempt from the authority of the Magistracy." A few decades later, according to Juan G. Navarro Floria, the Constitutional language was more direct: "Setting aside the drafts of prior constitutional charters, the authors of Argentina’s 1853 Constitution emphatically proclaimed religious freedom for '[a]ll inhabitants'.” (Floria, 342) The Constitution establishes freedom of religion, but also gives "preferential legal status" to the Roman Catholic Church (U.S. Department of State, "ARGENTINA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT").

References:

Constitution of the Argentine Republic, 1826, English translation of the original Constitution of 1826. 956 (2010) Section VIII: General Regulations: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzar0004&id=15&collection=cow&index=

Juan G. Navarro Floria, Religious Freedom in the Argentine Republic: Twenty Years After the Declaration on the Elimination of Intolerance and Religious Discrimination, 2002 BYU L. Rev. 341 (2002). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2002/iss2/8

"ARGENTINA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT": https://www.state.gov/wp-content/uploads/2019/05/ARGENTINA-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf
Freedom of the PressHistoryAccording to Article 161 of the 1826 Argentina Constitution, "The liberty of publishing his ideas through the medium of

the Press, which is a right as valuable to Man, as it is essential to the preservation of civil liberty, shall be fully guaranteed by the Laws"

Article 32 of the 1853 Argentinian Constitution states that “the Federal Congress shall not enact laws that restrict the freedom of the press or that establish federal jurisdiction over it” (Constitute Project, “Argentina's Constitution of 1853, Reinstated in 1983, with Amendments through 1994” ).

References:

Constitution of the Argentine Republic, 1826, English translation of the original Constitution of 1826. 956 (2010) Section VIII: General Regulations: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzar0004&id=15&collection=cow&index=

“Argentina 1853 (Reinst. 1983, Rev. 1994) Constitution.” Constitute: https://www.constituteproject.org/constitution/Argentina_1994?lang=en
Privacy RightsHistoryArticles 18 & 19 of the 1853 constitution protect privacy. Article 18(2) reads, “The residence is inviolable, as are letters and private papers; and a law shall determine in what cases and for what reasons their search and seizure shall be allowed,” while Article 19 reads, “The private actions of men that in no way offend public order or morality, nor injure a third party, are reserved only to God, and are exempt from the authority of the magistrates” (Constitute Project, “Argentina 1853, reinst. 1983, rev. 1994” ).

References:

https://www.constituteproject.org/constitution/Argentina_1994
Voting Rights and SuffrageHistoryMen received the right to vote in 1912: "In 1912, the Sáenz Peña law, named for the president at the time, guaranteed universal male suffrage, paving the way for the Radical Party under the leadership of Hipólito Yrigoyen to take power." (Hammond, 66) Women received the right to vote nationwide in Argentina in 1947: "The ratification of the suffrage law in 1947 represented a significant milestone for the feminist movement and a major victory for Perón’s administration." (Hammond, 172)

In 1983, Argentina returned to democracy after almost eight years of authoritarian rule. In April 1994 elections were held to form a Constituent Assembly because of the provisions made to the 1853 Constitution. Under the new Constitution the president is directly elected for a four-year term by universal adult suffrage (ACE Project, “Electoral Systems- Argentina").

References:

Hammond, Gregory. Women's Suffrage Movement and Feminism in Argentina from Roca to Peron, University of New Mexico Press, 2011. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/gwu/detail.action?docID=3039417.

https://aceproject.org/main/english/es/esy_ar.htm
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