Rights groups sue Milei over removal of diversity criteria for Supreme Court judges

Human rights organizations have filed a lawsuit against Argentine President Javier Milei's government, challenging a decree that eliminated gender diversity and citizen participation criteria in the selection of Supreme Court judges. Amnesty International, Red Mujeres para la Justicia, Equipo Latinoamericano de Justicia y Género (ELA), and the Center for Justice and International Law (CEJIL) presented the legal action, which targets a decree signed on June 16.

The organizations argue that the decree is unconstitutional and represents a step backward in Argentina's commitment to equality and non-discrimination. They specifically criticize the removal of a criterion that required the executive branch to consider gender composition, specialty, and regional origin when nominating candidates for the highest court. This, they contend, broadens the executive's discretionary power.

The lawsuit highlights that the Committee for the Elimination of Discrimination against Women (CEDAW) previously expressed concern over the underrepresentation of women in high judicial bodies and recommended measures for equal representation. Currently, women constitute about 57% of Argentina's judicial staff but hold only 31% of top positions.

Furthermore, the plaintiffs contest the elimination of the process allowing citizens and civil society organizations to submit observations on candidates before the executive formally proposes them to the Senate. "In a country where women continue to face structural barriers to accessing spaces of power and decision-making, eliminating the only rule that incorporated a gender criterion in the selection of Supreme Court members is a regressive and discriminatory measure," stated the entities.

“

In a country where women continue to face structural barriers to accessing spaces of power and decision-making, eliminating the only rule that incorporated a gender criterion in the selection of Supreme Court members is a regressive and discriminatory measure.