Argentina Age of Consent & Statutory Rape Laws
DATE OF DECISION: (6 October ) English: Gillette, 39 Virginia Journal of International Law () [ n]; Honnold. Argentina statutory rape law is violated when an individual has consensual sexual contact with a person under age The minimum age of consent is If the bill passes and is signed into law, Argentina will become the most populous nation to legalize abortion in Latin America, a region where.
This was an unprecedented move: Women were under their husbands' legal supervision, they had no legal identity separate from their husbands.
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Divorce was not allowed, and in order to get a legal separation a woman had to prove that her husband was insane. Even in these cases, children over five years of age remained with the husband as long as he could prove he was capable. Women had no real recourse against financial neglect; society expected that they would somehow manage.
The Constitution did not improve women's status. It did offer "democratic principles with religious liberty and citizenship for all people born in the territories," but it was interpreted in ways that adversely affected women. For instance, article 21 says that all citizens are required to take up arms when necessary.
Since women were not allowed to pin the armed forces, the court ruled that Argentine women were not entitled to the privileges of citizenship, including suffrage.
It was due to "the lack of an educated middle class, the influence of the Church and the almost constant political and civil turmoil which existed in the country during the nineteenth century" that the emergence of "an organized campaign for the granting of civil rights to women" was later in Argentina than in North America or Europe.
However, Argentina was the leader in Latin America in working for women's rights: The Argentine woman's movement began toward the end of the nineteenth century, following the lead of similar movements in the United States and Europe in which women began for the first time to organize themselves to work for the improvement of the lives of women and children and, ultimately, for the betterment of society. This woman's movement is not the same as the feminist movement, which can be loosely defined as the movement for female social and political equality Many influential clubwomen in both Argentina and the United States were strongly opposed to feminism.
Beginning in the s the Argentine government aggressively encouraged immigration. At that time, forty. This massive influx of immigrants included many skilled, educated and professional people, some of whom were liberal or Socialist political exiles, whose more progressive ideas provided support for secular education and helped dismantle the rigid class system, as well as provide a social and intellectual climate conducive to women's rights and feminist issues.
This seems to be characteristic of Argentine women, who generally place political issues affecting the country's welfare above issues that affect women only.
This has been perhaps a natural result of the many repressive military regimes and the brutality which has forced women "to become political, even if it was to defend their roles as wives and mothers rather than to rally for the feminist cause.
By Argentina's educational system was considered the best in Latin America, and was perceived as being "morally and financially committed to the education of women. Many were also concerned with working conditions and job training of lower class women.
There was a deep philosophical division between those women dedicated to philanthropic causes, who were more traditional and conservative in their views, and more closely aligned with the traditionally assigned female roles, and the more highly educated women who were. And all of these women were upper.
This is why, when Eva Peron came along, she appealed so effectively to the working. The earlier feminists seemed to care mainly for their own interests, and the lower classes of women could not identify with their efforts.
Eva was snubbed by the women of the oligarchy especially the Beneficent Society because she was not upper class; this class.
Argentina's Right to be Forgotten
Evita's effect on the condition of women in Argentina and on their political life was decisive A mass of women who care little about women's rights and were indifferent to the concerns of middle.
The repressive regimes which have terrorized and intimidated Argentine society, such as that between andwhich caused the economy to collapse and used propaganda to reinforce the traditional role of women, create an atmosphere in which demanding women's rights seems subversive and becomes irrelevant in the face of larger, more immediate problems.
According to one author, "the coup crushed the feminist movement in Argentina. Infourteen women gathered and marched into the Plaza de Mayo in Buenos Aires, in spite of a ban on public gatherings ordered by the military junta in power, to demand information concerning their missing children, who had disappeared as part of a systematic effort by the government to rid Argentina of "subversive elements.
Quite simply, the military was not cognizant of the political nature of the Madres' protests, and thus, did not suppress the group. This Recent Development tracks the current trend of litigation on the issue in Argentina.
Bandana arrived at No. Warped Tour, Embassy of the United States: Buenos Aires, Argentina Feb. She also has done television work for Fox Sports in Argentina.
Her official website shows her in low-slung tight pants and a tube top, and she currently posts on Twitter under the name VirginDaCunha.
On Twitter and Facebook Da Cunha posts various pictures of herself, including in short shorts, swimsuits, tank tops and at least one sexually provocative pose. In her lawsuit against Google and Yahoo, Da Cunha alleged that family members and friends told her that her name and photographs appeared in Google and Yahoo search engine results linked to, or used in, websites offering sexual content, pornography, escorts, and other activities related to sex trafficking.
Da Cunha claimed this was done without her permission and was harming her career as a model, singer, actress and television personality. She also made a copyright-like claim that Google and Yahoo enabled users, without her permission, to download photos of Da Cunha and have them printed, enlarged, and modified into books.
Furthermore, she asserted that the search engine results linking her to sex-related websites did not conform with her personal beliefs or professional activities. Google and Yahoo both responded that Da Cunha had not alleged any wrongdoing on their part and that, even if she had been harmed, there was no causal link between that harm and their own activities.
Argentina's Right to be Forgotten
Simari first observed that Google and Yahoo could filter from search results all references to pornography, erotica or sex in metatags. Y Considerando, I, paras. She then pointed out that Yahoo had a filter specifically to include adult-only websites, indicating that Yahoo could also exclude those same sites from its search results. Y Considerando, I, para. Neither of the search engines, she said, indexed all of the pages of the Internet; some pages were blocked for government-mandated legal reasons and others were blocked under contract or at the request of users.
Simari viewed the key conflict in the case as between the right to freedom of expression, on the one hand, and the right of an individual to control the use of his or her image, on the other hand. In juxtaposition, the judge said, was the right of an individual to control the use of his or her image. While the judge acknowledged that this was not a right explicitly protected in the Constitution of Argentina, she pointed out that this right is mentioned in the American Declaration of the Rights and Duties of Man, 32Id.
American Declaration of the Rights and Duties of Man, supra note 32, art. Everyone has the right to the protection of the law against such interference or attacks. In the treatise, Rivera discussed proposed revisions to the Argentine Civil Code that were never adopted, which would have specified that individuals or entities collecting and processing personal data about others must respect the right of data subjects to correct the information for comprehensiveness and meaning; to update the information or delete outdated information; and to ensure the information is used in conformity with the purposes for which it was collected.
Simari then specified that in each case, the image that the law should protect is the image that conforms with the image created by its subject, and stated that this image might change over time.
Judge Patricia Barbieri observed that search engines could not be held responsible for the content individuals and entities decided to publish on their own websites. If the spouse, children, father or mother, or descendants, are not present, publication is allowed. Any person who has given his or her consent may revoke it and claim damages.
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Publication of a portrait is allowed when it relates to ends that are scientific, instructional and cultural, or related to activities and circumstances of public interest or that have taken place in public. The fact that search engines cataloged those sites and provided links was not sufficient to establish causation with respect to injury, the judge said. Barbieri expressed sympathy with the subjects of news articles and Internet commentaries, given the free and unregulated nature of the Internet.
But she cited Section of the U. Communications Decency Act 48Id. Digital Millennium Copyright Act. Brilla de Serrat dijo Brilla de Serrat, J. Apparently Brilla de Serrat agreed that, in the search engine context, Google and Yahoo could not be held liable.
However, she spent most of her brief opinion defending the idea that individuals should have a right to be forgotten. Brilla de Serrat dijo, para.
Italian law prohibits continued publication of news or information about those crimes unless new events lead to legitimate and current public interest in publication. The third judge, Diego C. Sanchez, disagreed with his two colleagues.
Judge Sanchez would have affirmed the lower court opinion in favor of Da Cunha. Sanchez quoted the famous line from William Blackstone, who said in his eighteenth century Commentaries that freedom of the press consists in laying no previous restraints upon publications, not in freedom from censure for criminal matter when published. Sanchez argued that search engines are not merely passive carriers of information, but active participants in drawing attention to certain pieces of data while disregarding others.
In that process, he said, search engines are capable of causing harm to people whose personal information is found within search results.
As of Mayhowever, Yahoo Argentina yahoo. The American legal scholar Daniel J.
Solove, for example, wrote in a book published in We will be forced to live with a detailed record beginning with childhood that will stay with us for life wherever we go, searchable and accessible from anywhere in the world.
This data can often be of dubious reliability; it can be false and defamatory; or it can be true but deeply humiliating or discrediting. Ironically, the unconstrained flow of information on the Internet might impede our freedom.
Solove, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet 17 One contemporary scholar proposed that digital information be embedded with an expiration date so that it can pass from non-human memory just like it would pass from human memory. The Virtue of Forgetting in the Digital Age In Argentina, the virtues of forgetting are not only now being recognized.
Argentine law began decades ago to recognize the dangers of eternal memory. See Fernandez Delpech et al. This has been cited as the beginning of privacy law in Argentina. Argentina has a long-standing law, Article bis of the Argentine Civil Code, which prohibits publishing of private photographs of another person and which was cited by Judge Patricia Barbieri in her opinion in the Da Cunha case. Along with other Latin American countries, Argentina in the s joined the so-called habeas data movement by adopting a constitutional provision that is part freedom-of-government-information law and part data privacy law.