Argentina

In favour: A/HRC/DEC/1/106, A/HRC/DEC/1/107, A/HRC/RES/S-1/1, A/HRC/RES/S-2/1, A/HRC/RES/S-3/1, A/HRC/RES/2/3, A/HRC/RES/2/4, A/HRC/DEC/2/109, A/HRC/2/L.48 (rejected), A/HRC/RES/3/1, A/HRC/DEC/3/103, A/HRC/RES/4/5, A/HRC/DEC/4/103

Against:

Abstained: A/HRC/RES/1/2, A/HRC/DEC/2/115, A/HRC/RES/4/9

No vote:

Source: www.ilo.org

Reservations, Declarations and Objections

Reservations and Declarations:

1. Ad article IX: The Argentine Government reserves the right not to submit to the procedure laid down in this article any dispute relating directly or indirectly to the territories referred to in its reservation to article XII.
Ad article XII: If any other Contracting Party extends the application of the Convention to territories under the sovereignty of the Argentine Republic, this extension shall in no way affect the rights of the Republic.
4. Understanding The Argentine Government states that the application of the second part of article 15 of the International Covenant of the Civil and Political Rights should be subjected to the principle laid down in article 18 of the Argentine National Constitution.
7. Declaration: It is the understanding of the Argentine Republic that article XII of the Convention should be interpreted to mean that its express consent shall be required in order for any dispute to which it is a party and which has not been settled by negotiation to be brought before the International Court of Justice.
8. Reservation: The Government of Argentina declares that it does not consider itself bound by article 29, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women.
11. Reservation and declarations made upon signature and confirmed upon ratification:

Reservation:
The Argentine Republic enters a reservation to subparagraphs (b), (c), (d) and (e) of article 21 of the Convention on the Rights of the Child and declares that those subparagraphs shall not apply in areas within its jurisdiction because, in its view, before they can be applied a strict mechanism must exist for the legal protection of children in matters of inter-country adoption, in order to prevent trafficking in and the sale of children.

Declarations:
Concerning article 1 of the Convention, the Argentine Republic declares that the article must be interpreted to the effect that a child means every human being from the moment of conception up to the age of eighteen.
Concerning article 38 of the Convention, the Argentine Republic declares that it would have liked the Convention categorically to prohibit the use of children in armed conflicts. Such a prohibition exists in its domestic law which, by virtue of article 41 of the Convention, it shall continue to apply in this regard.

Upon ratification:
Declaration: Concerning subparagraph (f) of article 24 of the Convention, the Argentine Republic considers that questions relating to family planning are the exclusive concern of parents in accordance with ethical and moral principles and understands it to be a State obligation, under this article, to adopt measures providing guidance for parents and education for responsible parenthood.

11. b Declaration:
"The Argentine Republic declares that the minimum age required for voluntary recruitment into the national Armed Forces is eighteen (18) years."

11. c Declaration:
With reference to article 2, the Argentine Republic would prefer a broader definition of sale of children, as set out in the Inter-American Convention on International Traffic in Minors which Argentina has ratified and which, in its article 2, expressly defines traffic as the abduction, removal or retention, or attempted abduction, removal or retention, of a minor for unlawful purposes or by unlawful means. Therefore, under article 41 of the Convention on the Rights of the Child, this meaning shall continue to apply. For the same reasons, the Argentine Republic believes that the sale of children should be criminalized in all cases and not only in those enumerated in article 3, paragraph 1 (a).
Concerning article 3, the Argentine Republic further states that it has not signed international instruments on the international adoption of minors, has entered a reservation in respect of subparagraphs (b), (c), (d) and (e) of article 21 of the Convention on the Rights of the Child dealing with international adoption, and does not permit international adoption of children domiciled or resident in its jurisdiction.
Concerning article 7, the Argentine Republic construes the term ’confiscation’ (confiscación) to mean the seizure of goods and proceeds as part of a sentence or penalty (decomisar).*
*Translator’s note: The meaning of the Spanish term "decomisar" is not as broad as the English "seizure". "Decomisar" means "seizure" during the sentencing or penalty phase only. (Seizure as a preventive measure is rendered with "incautación".)

Sources: www.ohchr.org