Proposed Reforms to Pregnancy and Childhood Protection, Training on Gender Matters, and Repeal of the Law which Created the National Institute against Discrimination, Racism, and Xenophobia

In particular, the Bill, in its Chapter VII titled "Human Capital", Part I: "Childhood and Family", modifies the so-called (1) "Thousand Days" Law and (2) "Micaela" Law. Also, the Bill proposes amendments regarding protection against discrimination in Part III of Chapter V titled "Justice". The following is a brief review of these proposed reforms.
 

1. Reform of the "One-Thousand Days” Law.

Sections 504 to 534 of the Bill involve amendments to the "One-Thousand Days" Law, Act. No. 27,611 which is called "National Law on Comprehensive Health Care and Attention during Pregnancy and Early Childhood".

Said law was initially created with the aim of reducing mortality and malnutrition, protecting and stimulating early relationship, physical and emotional development and health in an integral manner. Also, its objective is to prevent violence, and its scope includes the protection of "the health and life of women and other pregnant persons, and children in early childhood".

The Bill proposes to modify the object of the law and to reduce its scope. The new scope proposed is the integral health care of mothers in vulnerable situations and of children from the moment of pregnancy up to three years old; to reduce maternal and infant morbimortality and mortality, nutrition problems, and to protect and stimulate early relationships, and physical and emotional development.

As a result of the change in the scope of the law, many Sections are modified in the same sense, focusing on the precision of the protected subjects.

Finally, the Bill mentions that the enforcement authority of the law will be the Secretariat of Childhood and Family under the Ministry of Human Capital, or the one chosen by it, and must coordinate with the Ministry of Health, “ANSES” and any other agency considered relevant for the implementation.

2. Reform of the "Micaela" Law

Sections 535 to 540 of the Bill incorporate amendments to Act No. 27,499, well known as "Micaela" Law. Said law came into force in 2019, and its initial purpose was to establish mandatory training on gender and violence against women issues for all persons who worked in the public service at all levels in the Executive, Legislative and Judicial Powers of Argentine Nation.

The Bill, among other proposals, intends to reduce the subjects bounded to comply with training programs regarding gender issues and violence against women. Therefore, it includes as bounded persons only those who work in the public service in the competent organisms on the gender and violence matters. On the other hand, the Bill also proposes to extend the scope of the law to violence in general terms and not exclusively to violence perpetrated for gender reasons. It expressly refers to "family violence and violence against women". As said above, the enforcement authority of the "Micaela" Law would be placed under the Ministry of Human Capital.
 

3. Repeal of the Law which created “INADI”

The Bill proposes a specific change in regard of protection against discrimination.

Section 348 of the Bill, located in Part III of Chapter V titled "Justice", proposes the repeal of Act No. 24,515 of 1955, which created the National Institute against Discrimination, Xenophobia and Racism (INADI). Said decentralized entity, which until now operated within the framework of the Ministry of Justice and Human Rights of the Nation, has the aim to develop national concrete measures to combat discrimination, Xenophobia and racism.