A/HRC/35/41/Add.1 C. Legislation prohibiting racism, racial discrimination, xenophobia and related intolerance 14. Racial discrimination is prohibited under Law 23.592 of 1988 but only classified as a civil offense, as previously highlighted by various mechanisms. Moreover, the definition adopted is not in line with that of the International Convention on the Elimination of All Forms of Racial Discrimination.5 The Rapporteur was informed that there was a bill under consideration to address this discrepancy. Participation in racist organizations and propaganda rooted in ideas or theories of racial, sexual, social or national superiority and incitement to persecute or hate on racial grounds are specifically penalized as criminal offenses6 with penalties ranging from one month to three years’ imprisonment. Article 80 of the Criminal Code7 recognizes hatred based on race, religion, gender, sexual orientation or gender identity as aggravating circumstances in homicide cases. 15. Article 13 of the 2004 Migration Act (Law 25,871) — recognized internationally as very progressive — expressly prohibits discrimination. Article 6 requires the State to guarantee migrants and their families the same access to rights as enjoyed by nationals, particularly with respect to social services, public goods, health, education, justice, employment and social security. Article 7 provides that in no case shall the migratory status of an individual constitute an impediment to gaining access to education, either in public or private institutions, and at all educational levels, including higher education. However, the limited public awareness of the law and its poor implementation remain major pitfalls, exposing migrants to situations of de facto discrimination, marginalization and/or exclusion. 16. The National Law on Education (26.206) gives the promotion of an understanding of the elimination of all forms of discriminations as one of the objectives of the national education policy, which also aims at ensuring equality while respecting differences between persons without discrimination of any kind. The Law further mandates the development of policies to promote equality in education and deal with situations of discrimination arising from socioeconomic, cultural, geographic, ethnic, gender or any other factors that affect the full exercise of the right to education (art. 79). It requests that national curricula be defined in order to promote respect for multiculturalism and knowledge of indigenous cultures, fostering the understanding that cultural diversity is a positive attribute of Argentine society (art. 54). Under its title XI, the law calls for the development of intercultural bilingual primary and secondary education and facilitates interactions with other components of society. 17. Labour Law 20.744 of 1976 prohibits the discrimination of employees on various grounds, including race, nationality, religion (art. 17), and provides for the possibility of implementing affirmative action with a view to redressing inequalities (art. 17 bis). 18. Law 23.302 of 1985 on the protection of indigenous communities stipulates that it is of national interest to support and defend such communities, and provides for the development of plans to facilitate their access to land ownership and promote their socioeconomic development and access to basic needs, including adequate health and education services. The law marks the official recognition of the historical claims of the indigenous communities and calls for the establishment of the National Institute for Indigenous Affairs. D. Relevant policy and institutional framework 19. In 2005, Argentina developed the National Plan against Discrimination 8 in cooperation with United Nations agencies. The Plan’s original assessment determined that 5 6 7 8 See art. 1. Art. 3, Act No. 23.592. Law 26.791; see also arts. 92 and 105. Decree No. 1086/2005. 5