Argentina - February 2025

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

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