ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN
Anonymity All case reports will anonymise children’s information to protect their identity. Names and other identifying details, such as addresses, school names or photo ‑ graphs, will be redacted or replaced with initials or pseudonyms in all official records and public com ‑ munications. In family law cases, proceedings involving children are automatically anonymised as a matter of law to pro ‑ tect their privacy and dignity. Parents may still wish to ensure further anonymisation or privacy. If any party, media outlet or individual breaches con ‑ fidentiality rules, the court may impose fines or sanc ‑ tions. The offending party may face additional legal consequences.
freely without fear that their discussions will be used against them in court. The law also allows private agreements to be settled by the parties with the participation of legal advice as a requirement. In many provinces in Argentina, both mediation and private agreements are mandated by law as a prereq ‑ uisite to filing certain types of court cases, including financial disputes. 3.5 Media Access and Transparency in Children Proceedings In Argentina, reporting cases involving children is highly restricted to protect their privacy and safe ‑ guard their best interests. Both parents and public child advocate may request anonymisation of the pro ‑ ceedings. The applicable regulations are: • The Convention on the Rights of the Child, incor ‑ porated into Argentina’s Constitution, guarantees children’s rights to privacy; and • The Civil and Commercial Code and Law 26,061 on the Comprehensive Protection of the Rights of Children and Adolescents, which explicitly prohibit the publication of any information that may directly or indirectly identify a child involved in judicial proceedings. Media outlets are prohibited from publishing names, photographs or any identifying details about the child or their family. Violations of these rules can result in legal penalties, including fines or sanctions for the publication.
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