Argentina - Human Rights

In 1994, the Constitutional reform did not change the main contents of the Constitution of 1853, although it did modify part of the institutional structure, and incorporated new rights, upon acknowledgment of constitutional hierarchy of international treaties regarding human rights.

In general, the national Argentine Constitution establishes rights and guarantees that encompass all inhabitants, as well as non-citizens.

Equal treatment of immigrants and Argentine nationals is explicitly established in the Constitution, “...the Nation does not admit prerogatives by blood nor by birth, it does not have personal privileges nor titles of nobility. All its inhabitants are equal under the law, and admissible in employment without conditions other than suitability. Equality is the basis of taxes and public charges.”

Similarly, foreigners have the right to exercise their trade, business, and profession; to possess, purchase, and dispose of property; to navigate rivers and coasts; to exercise freedom of worship; to bequeath and marry pursuant to law, without obligation of admitting citizenship, nor to pay extraordinary forced contributions.

Regarding the principle of due process (the right to access justice) the Argentine Constitution establishes that no inhabitant of the Nation may be penalized without a trial first, based on the law and courts that were established before the trial takes place. It further indicates that nobody is obligated to testify against him/herself, nor be arrested without a written order issued by competent authority.

Migration Law 25871 includes some innovations with regard to the rights of migrants. Of which, the following can be mentioned:  recognises the right to migrate; reaffirms equal treatment with nationals; states rights that assist migrants, insuring their equal access to social services, public assets, health, education, justice, work, employment, and social security; establishes the right to be informed regarding rights and obligations; determines the possibility to participate or to be consulted on decisions related to the life and management of the communities in which they reside; establishes the right to family reunification; guarantees access to education and health, regardless of the migration status of the foreigner, with the understanding that the family is a necessary and important environmental continence for every migrant.

The law sets the fundamental policy guidelines and establishes the strategic basis in migration affairs, in compliance with international commitments of Argentina in matters of migrant rights, integration, and mobility.