The preliminary draft was prepared jointly by officials of the national government, legislators and human rights organizations.
President Albert Fernandez received today in Pink House the bill that criminalizes and punishes the sale and purchase and illegal adoption of children and adolescents, by incorporating these figures into the Penal Code, and whose parliamentary approval will allow national legislation to adapt to international treaties.
The draft was prepared jointly by officials of the National government, legislators and human rights organizationsin order to comply with the ruling of the International Commission on Human Rights (IACHR) that condemned Argentina in the “Fornerón and daughter” case in 2012.
Ten years ago, on April 27, 2012, the IACHR condemned Argentina and declared that the country was responsible for violating the rights to judicial guarantees, judicial protection, and the protection of the family of Fornerón and his daughter. .
In its ruling, the multilateral organization required the Argentine State to adopt the necessary criminal legislation so that the illegal adoption or sale of children “constitutes a criminal offense, in accordance with international standards.”
The Minister of Justice, Martín Soria, and the Secretaries of Human Rights, Horacio Pietragalla Corti, and of Children, Adolescents and Family, Gabriel Lerner, participated in the meeting; in addition to the president of the IACHR, Julissa Mantilla Falcón, among other authorities, the Presidency reported in a statement.
Fornerón himself, the criminal legislation commissions of both chambers of Congress, chaired by Senator Oscar Parrilli and Deputy Carolina Gaillard, participated in the drafting of the bill; the Consultative Committee of the Register of Adopters; the Human Rights Secretariat; UNICEF; Grandmothers of Plaza de Mayo; the Public Prosecutor’s Office; the Ombudsman for Children and Adolescents and the National Secretariat for Children, Adolescents and Family (Sennaf).
The initiative plans to incorporate three penal figures that sanction the buying and selling of children and adolescents and incorporates irregular adoption into the Penal Code.
In this way, its regulations reach all the actors that participate in the crime sequence, including the promoters, facilitators and intermediaries.
Likewise, the text establishes the competence of the Federal Justice for these crimes, due to its interprovincial nature, and incorporates provisions referring to the prescription of crimes, while specialists in the subject reviewed the work so that it does not collide with the crime of illegal appropriation of children perpetrated by the last dictatorship.
Present at the meeting were the executive secretary of the IACHR, Tania Reneaum Panzi, and the deputy secretary of the Inter-American Court, Jorge Humberto Mesa Flores; the defender of the rights of children and adolescents, Marisa Graham, and the general defender of the Nation, Stella Maris Martínez.