E/C.12/ARG/CO/3
their sector of employment. It also encourages the State party to consider modifying
the residency requirements established for migrant workers in line with the National
Constitution and the Migration Act to ensure their access to non-contributory social
benefit schemes.
16.
The Committee is concerned that neither the penal legislation nor the labour
legislation of the State party specifically prohibit sexual harassment in the workplace and
that it is not specifically recognized as a crime (art. 7 b).
The Committee strongly calls upon the State party to approve and apply legislative
measures that specifically prohibit sexual harassment in the workplace, as well as to
make it punishable under penal and labour laws. It recommends that the State party
undertake to raise public awareness against sexual harassment and provide
comprehensive protection to victims.
17.
The Committee is concerned about human trafficking in the State party and regrets
the inadequacy of Act No. 26364 on the matter. It is also concerned by the insufficiency of
measures for the rehabilitation of victims of trafficking and exploitation (art. 10, para. 3).
The Committee recommends that the State party accelerate the process of revising its
legislation on combatting human trafficking to international standards. It also
recommends that the State party increase the resource allocations for the prevention
of human trafficking, the prosecution and conviction of perpetrators, and the
provision of support to victims, as well as for enhancing coordination among all levels
in this respect.
18.
The Committee reiterates its concern about incidents of violence against women in
the State party, in particular domestic violence (E/C.12/1/Add.38, para. 25). The Committee
is also concerned by the insufficient coordination among the different levels of governance,
which constitutes an important obstacle to effectively addressing violence against women
(arts. 3 and 10).
The Committee recommends that the State party continue to increase public
awareness of the criminal nature of domestic violence and bring perpetrators to
justice. It also recommends that the State party strengthen legal counselling
programmes, and increase the availability of shelters and psychosocial support
services for victims. The Committee further calls on the State party to ensure
adequate funding of the National Council of Women (Consejo Nacional de las
Mujeres) in order to enable it to achieve its objectives.
19.
The Committee regrets that irregularities in the implementation of the Union Act
(No. 23551) pose impediments to the exercise of labour and trade union rights, in conflict
with the National Constitution and ILO Convention No. 87 (1948) concerning Freedom of
Association and Protection of the Right to Organise. These include difficulties and delays in
the registration process of trade unions by the Ministry of Labour, the dismissal of workers
who engage in protests, and acts of violence against trade union leaders and members (art. 8).
The Committee recommends that the State party consider adopting the necessary
reforms of the Union Act with a view to recognizing the basic collective rights of all
categories of workers and labour unions and ensuring the full conformity of the
national legislation with the international obligations of Argentina. In this regard, it
also recommends that the State party make the relevant Supreme Court rulings
mutatis mutandis applicable to all workers and unions. It urges the State party to
ensure that trade union registration is performed in accordance with article 8 of the
Covenant and in a timely manner. The Committee also reminds the State party that
reprisals such as the loss of employment for the participation in protests and strikes
5