
Argentina

Argentina exhibits mid-range performance in Rights and Rule of Law and high-range performance in Representation and Participation. It is among the top 25 per cent of countries in the world regarding multiple factors of democratic performance. Over the past five years, Argentina has seen significant advances in Freedom of the Press. Argentina is a leading food producer and exporter with large-scale agricultural and livestock industries. Although it has one of the highest Gross National Product (GNPs) of the region, poverty and inequality remain high.
Since the mid-19th century, Argentina has faced repeated economic crises and cyclic military coups that interrupted democratic rule. The last military dictatorship (1975-1983) was characterised by gross and widespread human rights violations including enforced disappearances and extrajudicial killings. After the return to democracy in 1983, and due to the strong push of human rights organizations, the country sought justice and accountability through the creation of a truth commission, criminal proceedings, and strengthened civilian oversight of the armed forces.
Divisions in politics have traditionally fallen between supporters of Peronism, a political movement rooted in former President Juan Peron’s pro-union and pro working-class policies, and members of the Radical Civic Movement (UCR) a center-right liberal party. Over the years, endemic corruption, low levels of public trust, political polarization and hyper-presidentialism, have led to increasingly weak institutions and a general fatigue with the political establishment. Furthermore, the strict handling of the COVID-19 pandemic and the inability of traditional parties to address longstanding economic instability, including record-high inflation, allowed new right-wing and far-right parties, such as the ruling Liberty Advances (La Libertad Avanza, LLA), to gain prominence and support amidst public demands for change. Following the LLA's victory in the 2023 presidential elections, an economic program focused on drastically cutting state expenses, reducing the size and functions of the state, cutting down on public welfare and pushing for economic liberalism. During its initial months, the new government has pursued radical policy changes through “Necessity and Urgency Decrees” that give the executive the ability to legislate under extraordinary circumstances. The cuts in public spending in key areas have sparked significant criticism, leading to hundreds of thousands of protesters taking to the streets to protest against the government. These protests have been met with repression. Additionally, over the past years, the country has seen a surge in organized crime, with some political actors proposing the militarization of security in the country.
The origin myth of the nation as white and European has traditionally excluded Indigenous communities and other minorities like Afro-descendants from the concept of national identity. Racial discrimination exists at a structural level, and unequal access to social rights and opportunities is common. Regarding gender parity, women hold 42.5% of seats in parliament. Argentina has pioneered progressive legislation on gender equality, including same-sex marriage (2010), the gender identity law (2012), and legal abortion (2021). However, recent setbacks threaten future progress in gender mainstreaming. Violence against women remains endemic, with rising rates of femicides.
In the coming years, it will be important to monitor how the new government's cuts in areas such as education, public health, pensions and social welfare will impact Basic Welfare. Additionally, it will be crucial to observe Gender Equality considering cuts in state funding for this issue. Furthermore, it will be important to consider how the growing narrative of dictatorship denialism and the government's cuts on funding to essential Memory, Truth and Justice policies will impact ongoing trials for crimes against humanity, and its effect on Access to Justice.
Last Updated: July 2024
https://www.idea.int/democracytracker/
April 2025
Senate rejects Milei's nominees for Supreme Court who were appointed by decree
On 3 April, the Argentine Senate rejected President Milei’s two nominees for the Supreme Court: federal judge Ariel Lijo and law professor Manuel García-Mansilla. This followed Milei’s controversial decision to bypass the Congress by appointing both nominees by presidential decree, arguing that the constitution granted him the authority to do so during a congressional recess. This action was widely criticized as an overreach of executive power and a threat to judicial independence. After the Senate’s rejection, García-Mansilla, who had already assumed his position, submitted his resignation to the executive. Lijo had not been allowed to assume his role, as the Supreme Court refused to accept his appointment while he remained on leave from his federal judgeship, insisting he first resign. He had therefore decided to wait for Senate confirmation. As a result, Argentina’s Supreme Court remains with only three of its five seats filled. Legal experts have praised the Senate’s decision as a necessary stand against what they see as one of the most serious threats to judicial independence in the country’s democratic era.
Sources: AP News, International IDEA, Chequeado (1), Chequeado (2), Infobae
March 2025
Demonstration led by pensioners is brutally repressed
On 12 March, the weekly demonstration led by pensioners—held every Wednesday to protest the government’s severe pension cuts—was brutally repressed by police. The crackdown resulted in over a hundred arrests and dozens of injuries, including a journalist left in critical condition after being struck in the head by a tear gas canister thrown by police. Shortly afterward, a judge ordered the immediate release of all detainees, ruling that security forces had failed to provide basic information justifying the arrests, violating the protesters’ constitutional rights to freedom of expression and assembly. Civil society organizations warn the government is increasingly using excessive force to suppress protests and normalizing the criminalization of dissent—practices they say pose a serious threat to democracy. The government defended police actions and announced plans to prosecute a dozen protesters on sedition charges, as well as pursue disciplinary action against the judge who ordered their release.
Sources: BBC, WOLA, Clarin, The Guardian, Pagina 12, Mapa de la Policía
February 2025
Two Supreme Court Justices are appointed by presidential decree
On 25 February, President Javier Milei appointed two Supreme Court Justices by presidential decree, bypassing Congress in a move criticized as a severe threat to judicial independence. The announcement came days before the end of the congressional recess and resulted in a one-year appointment of Milei's nominees—who had failed to secure congressional approval throughout 2024. One of the nominees was particularly controversial due to alleged involvement in corruption and ethical violations. Argentinean law allows presidents to fill vacancies that require congressional approval during recesses, but experts argue this mechanism is intended for extraordinary circumstances and has not been used to appoint Supreme Court justices. In 2016, former President Mauricio Macri attempted a similar move but was forced to backtrack following widespread criticism. Critics argue that Milei’s appointments by decree constitute an overreach of executive power and undermine democratic checks and balances.
Sources: AP News, El Pais, Swiss Info, Human Rights Watch, Centro de Estudios Legales y Sociales
President Milei restricts gender-affirming care for minors
On 6 February, President Javier Milei issued a presidential decree modifying Argentina’s Gender Identity Law (Law 26.743), approved in 2012. The changes prohibit individuals under 18 from accessing gender-affirming treatments such as hormone therapy and gender-affirming surgeries. Legal experts and human rights organizations have condemned the decree as illegal, arguing that laws cannot be altered by presidential decree. They also criticize it as a regression of trans rights, leaving trans minors currently undergoing treatment abruptly without medical support, which could lead to serious risks for their mental and physical health. The government has defended the measure as necessary to protect children citing its commitment to the UN Convention on the Rights of the Child. LGBTQIA+ organizations have vowed to challenge the decision in court.
Sources: Agencia Presentes, Presidencia de la Nación, Reuters, Buenos Aires Times, Chequeado
September 2024
Decree restricting access to public information sparks widespread criticism
On 30 August, President Milei issued Decree 780/2024, amending a 2016 law aimed to enhance state transparency and public information access. The changes modify the types of information that the public can request, limiting access to details about public officials' private lives, “working papers,” and “deliberations.” The decree also imposes more requirements for requesting information and introduces potential penalties for individuals deemed to be abusing their rights when seeking public information. Over 60 civil society organizations and press freedom watchdogs have petitioned for its withdrawal, arguing it poses a threat to the right to access information in accordance with international human rights standards, potentially undermining efforts to prevent corruption and enforce accountability. They warn that the measure could allow public officials to discretionally determine what constitutes public information shielding them from public scrutiny by the press and general public.
Sources: Centro de Estudios Legales y Sociales (CELS), El Pais, Foro de Periodismo Argentino (FOPEA), Buenos Aires Times
Poverty rate surges in Argentina according to official report
Argentina's National Statistic Agency (INDEC) report on the first half of 2024 shows a dramatic increase in the country’s poverty rate. According to the report, over 52 per cent of the population lives below the poverty line, including more than 18 per cent in extreme poverty. This is the highest poverty rate in two decades. The report also reveals that 66 per cent of children aged 0 to 14 belong to households living below the poverty line. These numbers reflect the ongoing economic crisis and the impact of President Milei’s government's austerity measures, which include significant cuts in public spending, laying off thousands of state employees, and cutting subsidies for transportation and energy to control inflation and achieve fiscal balance. Some of these measures, widely criticized by experts, involve cuts to soup kitchens and other social welfare programs that support the most vulnerable. The government argues that poverty rates are the result of years of left-leaning populist governance.
Sources: The Guardian, National Institute of Statistics and Census of Argentina (INDEC), Pagina 12, Die Welle
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