Supreme Court of Argentina
Encyclopedia
The Supreme Court
of Argentina (in Spanish
, Corte Suprema de Justicia de la Nación) is the highest court
of law
of the Argentine Republic
. It was inaugurated on 15 January 1863. However, during much of the 20th century
, the Court and, in general, the Argentine judicial system, has lacked autonomy from the executive power
. The Court has recently been reformed (in 2003) by the decree
222/03.
The Supreme Court functions as a last resort tribunal. Its rulings cannot be appealed. It also decides on cases dealing with the interpretation of the constitution
(for example, it can overturn a law passed by Congress
if it deems it unconstitutional).
The members of the Supreme Court are appointed by the President
and can only be removed by an impeachment
process called juicio político ("political trial"), carried out by the Senate
, exclusively on grounds of improper behaviour.
Norbert Maillart in 1906, and was initially inaugurated in 1910. Subsequent works, both logisltical and aesthetic, continued until 1942, and among its most noteworthy monuments are Justice, by Rogelio Yrurtia
, and José de San Martín
, by Luis Perlotti
.
", leading to changes of the Court's composition following each new political majority. The Supreme Court has been characterized by both "instability in its composition" and inconsistency in its rulings. However, reforms in 1994 and 2003 have improved the democratic
character of the Court.
At the beginning of the 20th century, the Court was composed of five magistrates. Following the 1930 military coup by José Félix Uriburu
, which initiated the Infamous Decade
, the five justices recognized the new authorities and officialized the rupture of constitutional order, thus beginning a precedent which would affect much of Argentina's history.
During Juan Perón
's presidency, the Supreme Court approved decree
s which had not been voted by the Congress. In 1947, after the conservative phase of the military rule, General Juan Perón
initiated a trial against three of the Supreme Court judges, and the fourth one resigned. Thus, only one of the preceding judges remained in place. From 1946 to 1955, the judicial system in general concorded with the Justicialist official policies.
Following the 1955 catholic-nationalist Revolución Libertadora
, the five magistrates of the Supreme Court were destituted by the military in power.
When the constitutional government of Arturo Frondizi
(UCRI
) came to power in 1958, three judges renunciated. During Frondizi's term, the number of judges of the Supreme Court was increased, while all Peronist
judges of the judicial system were removed.
In 1963, the following democratic government, of Arturo Illia (UCRP), also attempted to increased the numerical composition of the Supreme Court. However, the military coup of Juan Carlos Onganía
(known as Revolución Argentina) deposed Illia before implementation of the reform. As soon as the military came to power, they pushed the Supreme Court judges to resign. The latter renounced their offices only a short time before return of the constitutional order in 1973.
An ad hoc
tribunal was formed on May 24, 1973. The five new judges were all Peronists, and none of them came from the judicial family, nor had followed a career in courts. Following the March 1976 military coup, the military junta
attempted to destitute all the Supreme Court magistrates. The latter, however, accepted to dictated an act which formulated the objectives of the so-called "National Reorganization Process
", which culminated in state illegal repression and in the disappearances of 30,000 people
.
Following the democratic transition, the highest military responsibles of the dictatorship were judged during the Trial of the Juntas (1985). However, this trial was not supervised by the Supreme Court, but by the Federal Criminal Appeal Court.
After Carlos Menem
's election as president, the Argentine judicial system was the target of much pressure from the executive power. In 1989, Menem expanded Argentina's highest court from five to nine members, and chose the four new justices. The Senate
approved Menem's choice on April 19, 1990, during a secret parliamentary session which lasted 7 minutes, and to which the opposition was not invited. The resignation of judge Bacqué insured an "absolute majority" for Menemism.
slightly changed the mode of nomination of the justices: although they were still proposed by the executive power and approved by the Senate, an absolute majority was no longer needed. 2/3 of the votes of the present parliamentarians was sufficient for approval. Furthermore, it also introduced amparo
, hábeas corpus
and hábeas data
.
In the 2000s, since the interim
presidency of Eduardo Duhalde
and especially during the term of Néstor Kirchner
which started in 2003, all members of Menem's "majority" have either been removed or resigned. Dr. Antonio Boggiano, the last of these, was removed on 29 September 2005. Not all justices were replaced, so there were still two vacancies.
The amicus curiae
figure, allowing third parties to a case to depose a written text before the Court in order to defend general interest, was then formalized. The amicus curiae process was used in 2001, when Spanish justice sent an international arrest warrant for responsibles of human rights
violations in Argentina. An NGO then deposed a text, as third party, before the Argentine court, bringing forth the judicial arguments needed to either extradite
or judge suspects of human rights violations (an alternative known as subsidiary universal jurisdiction
).
This change was an important phase in the 2005 ruling which stated that crimes of forced disappearances were crimes against humanity (Caso Simon). Two years earlier, the Congress had declared the amnesty laws (1986 Ley de Punto Final
and 1987 Ley de Obediencia Debida
) unconstitutional, thus opening up the way for the trials of suspects of human rights violations during the dictatorship.
Another important reform took place in 2003. Effectively, since 19 June 2003, by presidential decree, candidates for a seat in the Supreme Court must be presented by the Executive Branch for consideration. The curriculum of the nominee (or nominees) must be made public and advertised on the Ministry of Justice, and can be discussed in the media and elsewhere by NGOs, professional law associations, academic and human rights
groups, and all citizens in general. After three months, the President, with this advice, can then choose to present the nominee to the Argentine Senate
, which must decide on the nomination, needing at least a two-thirds majority for a positive vote.
Furthermore, on 2 July 2003, the Senate approved a reform which forced its Commission to publicize its choices regarding confirmation of the nominations of magistrates of the judicial system and of the public ministry.
Finally, following a colloquium organized by the CELS NGO, the Chief Justice Petracchi accepted to publish the Court's decisions.
At times, and for the last time near the end of 2006, several justices complained that the President's delay in appointing the two vacancies in the Court was problematic, because a nominally nine-member Court needs a majority of five to sign consensual decisions, and demanded that either replacements were appointed for former justices Augusto Belluscio and Antonio Boggiano (as required by law), or that Congress pass a law reducing the Court to seven justices (thus reducing the majority to four). On 9 November 2006 Senator Cristina Fernández de Kirchner
(the President's wife) presented a legislative bill to repeal Law 24774, which dictated the increase to nine justices, in order to eventually return to the original number of five. Most of the members of the Court welcomed this project.
, and they were considered conservative
. In contrast, the two most recently appointed justices (Elena Highton and Carmen Argibay
) are female; Argibay, former ad litem
judge on the International Criminal Tribunal for the Former Yugoslavia
and former president of the International Association of Women Judges, is a self-professed feminist
and atheist
, who supports the legalization of abortion in Argentina
. Eugenio Zaffaroni (the first to be designated through the public nomination method) is viewed as a politically center-left-wing guarantist Justice, and also a scholar close to critical criminology
.
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of Argentina (in Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
, Corte Suprema de Justicia de la Nación) is the highest court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of the Argentine Republic
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
. It was inaugurated on 15 January 1863. However, during much of the 20th century
History of Argentina
The history of Argentina is divided by historians into four main parts: the pre-Columbian time, or early history , the colonial period , the independence wars and the early post-colonial period of the nation and the history of modern Argentina .The beginning of prehistory in the present territory of...
, the Court and, in general, the Argentine judicial system, has lacked autonomy from the executive power
Executive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
. The Court has recently been reformed (in 2003) by the decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
222/03.
The Supreme Court functions as a last resort tribunal. Its rulings cannot be appealed. It also decides on cases dealing with the interpretation of the constitution
Constitution of Argentina
The constitution of Argentina is one of the primary sources of existing law in Argentina. Its first version was written in 1853 by a Constitutional Assembly gathered in Santa Fe, and the doctrinal basis was taken in part from the United States Constitution...
(for example, it can overturn a law passed by Congress
Argentine National Congress
The Congress of the Argentine Nation is the legislative branch of the government of Argentina. Its composition is bicameral, constituted by a 72-seat Senate and a 257-seat Chamber of Deputies....
if it deems it unconstitutional).
The members of the Supreme Court are appointed by the President
President of Argentina
The President of the Argentine Nation , usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.Through Argentine history, the...
and can only be removed by an impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
process called juicio político ("political trial"), carried out by the Senate
Argentine Senate
The Argentine Senate is the upper house of the Argentine National Congress. It has 72 senators: three for each province and three for the Autonomous City of Buenos Aires...
, exclusively on grounds of improper behaviour.
Building
The Palace of Justice was designed by French architectFrench architecture
The history of French architecture runs in parallel with its neighbouring countries in Europe, with France being home to both some of the earliest pioneers in many architectural styles, and also containing some of the finest architectural creations of the continent.-Roman:The architecture of...
Norbert Maillart in 1906, and was initially inaugurated in 1910. Subsequent works, both logisltical and aesthetic, continued until 1942, and among its most noteworthy monuments are Justice, by Rogelio Yrurtia
Rogelio Yrurtia
Rogelio Yrurtia was a renowned Argentine sculptor of the Realist school.-Life and work:Born in Buenos Aires, Argentina to Basque immigrants in 1879, Rogelio Yrurtia enrolled in the local Society for the Promotion of Fine Arts in 1899. A talented student, he quickly earned a scholarship on which...
, and José de San Martín
José de San Martín
José Francisco de San Martín, known simply as Don José de San Martín , was an Argentine general and the prime leader of the southern part of South America's successful struggle for independence from Spain.Born in Yapeyú, Corrientes , he left his mother country at the...
, by Luis Perlotti
Luis Perlotti
-Life and work:Perlotti was born into a family of Italian immigrant workers. His father, a shoe cobbler, died in 1899, and young Luis Perlotti was compelled to find work. He was employed at the Rigolleau glass factory, and later at a cabinet maker, where he developed skills in polishing and shaping...
.
Current Justices
The current composition of the Supreme Court is as follows:- President: Dr. Ricardo Luis Lorenzetti.
- Vice-President: Dra. Elena I. Highton de Nolasco.
- Justices: Dr. Carlos S. Fayt
Dr. Juan Carlos MaquedaJuan Carlos MaquedaJuan Carlos Maqueda is an Argentine lawyer, politician and a member of Supreme Court of Justice of Argentina since 2002...
Dr. Eugenio Raúl ZaffaroniEugenio Raúl ZaffaroniEugenio Raúl Zaffaroni is an Argentine lawyer. Since 2003 he has been a member of the Supreme Court of Justice of Argentina.- Academic career :...
Dr. Enrique Santiago PetracchiEnrique Santiago PetracchiEnrique Santiago Petracchi is an Argentine lawyer, judge and a member of Supreme Court of Justice of Argentina since 1983....
Dra. Carmen María Argibay.
History
Until the 2000s, the Court lacked independence from the executive branch in many cases. Several of its justices were accused of forming an "automatic majority", who consistently agreed on votes having to do with interests of the administration. Authors have underlined a sort of "spoils systemSpoils system
In the politics of the United States, a spoil system is a practice where a political party, after winning an election, gives government jobs to its voters as a reward for working toward victory, and as an incentive to keep working for the party—as opposed to a system of awarding offices on the...
", leading to changes of the Court's composition following each new political majority. The Supreme Court has been characterized by both "instability in its composition" and inconsistency in its rulings. However, reforms in 1994 and 2003 have improved the democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
character of the Court.
From the Infamous Decade to the 1994 reform
José Félix Uriburu
General José Félix Benito Uriburu y Uriburu was the first de facto President of Argentina, achieved through a military coup, from September 6, 1930 to February 20, 1932.-Biography:...
, which initiated the Infamous Decade
Infamous Decade
The Infamous Decade in Argentina is the name given to the period of time that started in 1930 with the coup d'état against President Hipólito Yrigoyen by José Félix Uriburu...
, the five justices recognized the new authorities and officialized the rupture of constitutional order, thus beginning a precedent which would affect much of Argentina's history.
During Juan Perón
Juan Perón
Juan Domingo Perón was an Argentine military officer, and politician. Perón was three times elected as President of Argentina though he only managed to serve one full term, after serving in several government positions, including the Secretary of Labor and the Vice Presidency...
's presidency, the Supreme Court approved decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
s which had not been voted by the Congress. In 1947, after the conservative phase of the military rule, General Juan Perón
Juan Perón
Juan Domingo Perón was an Argentine military officer, and politician. Perón was three times elected as President of Argentina though he only managed to serve one full term, after serving in several government positions, including the Secretary of Labor and the Vice Presidency...
initiated a trial against three of the Supreme Court judges, and the fourth one resigned. Thus, only one of the preceding judges remained in place. From 1946 to 1955, the judicial system in general concorded with the Justicialist official policies.
Following the 1955 catholic-nationalist Revolución Libertadora
Revolución Libertadora
The Revolución Libertadora was a military uprising that ended the second presidential term of Juan Perón in Argentina, on September 16, 1955.-History:...
, the five magistrates of the Supreme Court were destituted by the military in power.
When the constitutional government of Arturo Frondizi
Arturo Frondizi
Arturo Frondizi Ercoli was the President of Argentina between May 1, 1958, and March 29, 1962, for the Intransigent Radical Civic Union.-Early life:Frondizi was born in Paso de los Libres, Corrientes Province...
(UCRI
Intransigent Radical Civic Union
The Intransigent Radical Civic Union or UCRI is a defunct political party of Argentina.The UCRI developed from the centrist Radical Civic Union in 1956, following a split at the party's convention in Tucumán...
) came to power in 1958, three judges renunciated. During Frondizi's term, the number of judges of the Supreme Court was increased, while all Peronist
Peronism
Peronism , or Justicialism , is an Argentine political movement based on the programmes associated with former President Juan Perón and his second wife, Eva Perón...
judges of the judicial system were removed.
In 1963, the following democratic government, of Arturo Illia (UCRP), also attempted to increased the numerical composition of the Supreme Court. However, the military coup of Juan Carlos Onganía
Juan Carlos Onganía
Juan Carlos Onganía Carballo was de facto president of Argentina from 29 June 1966 to 8 June 1970. He rose to power as military dictator after toppling, in a coup d’état self-named Revolución Argentina , the democratically elected president Arturo Illia .-Economic and social...
(known as Revolución Argentina) deposed Illia before implementation of the reform. As soon as the military came to power, they pushed the Supreme Court judges to resign. The latter renounced their offices only a short time before return of the constitutional order in 1973.
An ad hoc
Ad hoc
Ad hoc is a Latin phrase meaning "for this". It generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. Compare A priori....
tribunal was formed on May 24, 1973. The five new judges were all Peronists, and none of them came from the judicial family, nor had followed a career in courts. Following the March 1976 military coup, the military junta
National Reorganization Process
The National Reorganization Process was the name used by its leaders for the military government that ruled Argentina from 1976 to 1983. In Argentina it is often known simply as la última junta militar or la última dictadura , because several of them existed throughout its history.The Argentine...
attempted to destitute all the Supreme Court magistrates. The latter, however, accepted to dictated an act which formulated the objectives of the so-called "National Reorganization Process
National Reorganization Process
The National Reorganization Process was the name used by its leaders for the military government that ruled Argentina from 1976 to 1983. In Argentina it is often known simply as la última junta militar or la última dictadura , because several of them existed throughout its history.The Argentine...
", which culminated in state illegal repression and in the disappearances of 30,000 people
Dirty War
The Dirty War was a period of state-sponsored violence in Argentina from 1976 until 1983. Victims of the violence included several thousand left-wing activists, including trade unionists, students, journalists, Marxists, Peronist guerrillas and alleged sympathizers, either proved or suspected...
.
Following the democratic transition, the highest military responsibles of the dictatorship were judged during the Trial of the Juntas (1985). However, this trial was not supervised by the Supreme Court, but by the Federal Criminal Appeal Court.
After Carlos Menem
Carlos Menem
Carlos Saúl Menem is an Argentine politician who was President of Argentina from 1989 to 1999. He is currently an Argentine National Senator for La Rioja Province.-Early life:...
's election as president, the Argentine judicial system was the target of much pressure from the executive power. In 1989, Menem expanded Argentina's highest court from five to nine members, and chose the four new justices. The Senate
Argentine Senate
The Argentine Senate is the upper house of the Argentine National Congress. It has 72 senators: three for each province and three for the Autonomous City of Buenos Aires...
approved Menem's choice on April 19, 1990, during a secret parliamentary session which lasted 7 minutes, and to which the opposition was not invited. The resignation of judge Bacqué insured an "absolute majority" for Menemism.
The Supreme Court since 1994 and the 2003 reform
The 1994 constitutional reform1994 reform of the Argentine Constitution
The 1994 amendment to the Constitution of Argentina was approved on 22 August by a Constitutional Assembly that met in the twin cities of Santa Fe and Paraná...
slightly changed the mode of nomination of the justices: although they were still proposed by the executive power and approved by the Senate, an absolute majority was no longer needed. 2/3 of the votes of the present parliamentarians was sufficient for approval. Furthermore, it also introduced amparo
Amparo (law)
The writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions...
, hábeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
and hábeas data
Habeas Data
Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is “[we command] you have the data”...
.
In the 2000s, since the interim
Ad interim
The Latin phrase ad interim literally means "in the time between" denotes the meaning of "in the meantime", "for an intervening time" or "temporarily" in the English language...
presidency of Eduardo Duhalde
Eduardo Duhalde
-External links:...
and especially during the term of Néstor Kirchner
Néstor Kirchner
Néstor Carlos Kirchner was an Argentine politician who served as the 54th President of Argentina from 25 May 2003 until 10 December 2007. Previously, he was Governor of Santa Cruz Province since 10 December 1991. He briefly served as Secretary General of the Union of South American Nations ...
which started in 2003, all members of Menem's "majority" have either been removed or resigned. Dr. Antonio Boggiano, the last of these, was removed on 29 September 2005. Not all justices were replaced, so there were still two vacancies.
The amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
figure, allowing third parties to a case to depose a written text before the Court in order to defend general interest, was then formalized. The amicus curiae process was used in 2001, when Spanish justice sent an international arrest warrant for responsibles of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
violations in Argentina. An NGO then deposed a text, as third party, before the Argentine court, bringing forth the judicial arguments needed to either extradite
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
or judge suspects of human rights violations (an alternative known as subsidiary universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
).
This change was an important phase in the 2005 ruling which stated that crimes of forced disappearances were crimes against humanity (Caso Simon). Two years earlier, the Congress had declared the amnesty laws (1986 Ley de Punto Final
Ley de Punto Final
Ley de Punto Final was a law passed by the National Congress of Argentina after the end of the military dictatorship of the Proceso de Reorganización Nacional . Formally, this law is referred to by number Ley de Punto Final (Spanish, roughly translated Full Stop Law) was a law passed by the...
and 1987 Ley de Obediencia Debida
Ley de Obediencia Debida
Ley de Obediencia Debida was a law passed by the National Congress of Argentina after the end of the military dictatorship of the Proceso de Reorganización Nacional . Formally, this law is referred to by number Ley de Obediencia Debida (Spanish, Law of Due Obedience) was a law passed by the...
) unconstitutional, thus opening up the way for the trials of suspects of human rights violations during the dictatorship.
Another important reform took place in 2003. Effectively, since 19 June 2003, by presidential decree, candidates for a seat in the Supreme Court must be presented by the Executive Branch for consideration. The curriculum of the nominee (or nominees) must be made public and advertised on the Ministry of Justice, and can be discussed in the media and elsewhere by NGOs, professional law associations, academic and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups, and all citizens in general. After three months, the President, with this advice, can then choose to present the nominee to the Argentine Senate
Argentine Senate
The Argentine Senate is the upper house of the Argentine National Congress. It has 72 senators: three for each province and three for the Autonomous City of Buenos Aires...
, which must decide on the nomination, needing at least a two-thirds majority for a positive vote.
Furthermore, on 2 July 2003, the Senate approved a reform which forced its Commission to publicize its choices regarding confirmation of the nominations of magistrates of the judicial system and of the public ministry.
Finally, following a colloquium organized by the CELS NGO, the Chief Justice Petracchi accepted to publish the Court's decisions.
At times, and for the last time near the end of 2006, several justices complained that the President's delay in appointing the two vacancies in the Court was problematic, because a nominally nine-member Court needs a majority of five to sign consensual decisions, and demanded that either replacements were appointed for former justices Augusto Belluscio and Antonio Boggiano (as required by law), or that Congress pass a law reducing the Court to seven justices (thus reducing the majority to four). On 9 November 2006 Senator Cristina Fernández de Kirchner
Cristina Fernández de Kirchner
Cristina Elisabet Fernández de Kirchner , commonly known as Cristina Fernández or Cristina Kirchner is the 55th and current President of Argentina and the widow of former President Néstor Kirchner. She is Argentina's first elected female president, and the second female president ever to serve...
(the President's wife) presented a legislative bill to repeal Law 24774, which dictated the increase to nine justices, in order to eventually return to the original number of five. Most of the members of the Court welcomed this project.
Assessment
The renewal of the Supreme Court in the first years of the Kirchner administration was advertised and is usually acknowledged as a positive step, bringing more independence to the Judicial Branch and addressing issues of ideological bias. Until mid-2004 all justices were male, most were devout CatholicsRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, and they were considered conservative
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
. In contrast, the two most recently appointed justices (Elena Highton and Carmen Argibay
Carmen Argibay
Carmen María Argibay is a member of the Argentine Supreme Court of Justice. She was the first woman to be nominated for the Court by a democratic government in Argentina, and caused some controversy upon declaring herself an atheist and a supporter of legal abortion.-Career prior to the Supreme...
) are female; Argibay, former ad litem
Ad litem
Ad litem is a term used in law to refer to a party appointed by a court to act in a lawsuit on behalf of another party—for instance, a child or an incapacitated adult—who is deemed incapable of representing him or herself...
judge on the International Criminal Tribunal for the Former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
and former president of the International Association of Women Judges, is a self-professed feminist
Feminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...
and atheist
Atheism
Atheism is, in a broad sense, the rejection of belief in the existence of deities. In a narrower sense, atheism is specifically the position that there are no deities...
, who supports the legalization of abortion in Argentina
Abortion in Argentina
Abortion in Argentina is strictly limited by law. Until 2007 there were no confirmed figures of performed abortions; health authorities estimated 500,000 per year , in most cases presumably illegal and often outside proper sanitary conditions. Around 80,000 patients per year are hospitalized due to...
. Eugenio Zaffaroni (the first to be designated through the public nomination method) is viewed as a politically center-left-wing guarantist Justice, and also a scholar close to critical criminology
Critical criminology
Critical criminology is a theoretical perspective in criminology which takes a conflict perspective, such as marxism, feminism, political economy theory or critical theory. The focus of critical criminology is the genesis of crime and nature of ‘justice’ within a structure of class and status...
.
External links
- Official website (Spanish)
- Case law of the Supreme Court of Argentina
- Ministry of Justice.
- On the newer justices:
- Argentine President's First 100 Days Break From 30 Years of Business-As-Usual - The renewal process sponsored by the Kirchner administration.
- Elena Highton:
- Argentina gets first female Chief Justice - NDTV.com, 29 June 2004.
- The new Supreme Court member - Buenos Aires Herald.