
Argentina

Argentina exhibits mid-range performance in the Rights, Participation and Rule of Law categories of the Global State of Democracy Framework, and high-range performance in Representation. It is among the top 25 per cent of countries regarding multiple factors of democratic performance. Over the past five years, it has experienced significant advances in Access to Justice and declines in Freedom of Expression and Judicial Independence. It is one of Latin America's largest economies, relying heavily on food production and agricultural exports.
Argentina gained independence from Spain in 1816, following centuries of colonization and years of rebellion against the colonial power. The origin myth of the nation as white and European has traditionally excluded Indigenous communities and 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. Despite recent improvements in macroeconomic indicators like inflation and public debt, poverty remains high—especially among children.
Argentina has pioneered progressive gender equality legislation over the past decade, including on marriage equality (2010), gender identity (2012) and abortion (2021). Recent setbacks—with severe budget cuts to key institutions and programs—now threaten progress in gender mainstreaming while severely limiting access to sexual and reproductive rights. Further, violence against women remains widespread, with alarming rates of femicides.
Since the mid-19th century, repeated economic crises and military coups disrupted Argentina’s democratic rule. The last dictatorship (1975-1983) was marked by widespread human rights violations including enforced disappearances and extrajudicial killings. Democratic rule returned in 1983. Civil society-led efforts for justice and accountability contributed to the creation of a truth commission, criminal proceedings, and strengthened civilian oversight of the armed forces. However, recent cuts to institutions supporting memory, truth, and justice initiatives threaten ongoing prosecutions, with hundreds of cases still pending.
Divisions in politics have traditionally fallen between Peronism—a movement rooted in former President Juan Peron’s pro-union and working-class policies—and the Radical Civic Movement (UCR) a center-right liberal party. Over the years, endemic corruption, low levels of public trust and political polarization have weakened institutions and fueled public fatigue with the political establishment. Traditional parties' failure to address chronic economic instability, including record-high inflation, paved the way for the rise of new right-wing and far-right parties. The 2023 general elections brought a new libertarian party to power. The government swiftly implemented an aggressive economic reform introducing austerity measures that sharply cut public welfare and public spending. The broad use of “Necessity and Urgency Decrees” has drawn criticism from legal experts that accused the government of eroding checks and balances, bypassing Congress and undermining judicial independence. Other salient issues that have featured prominently in politics include the perception of a shrinking civic space due to restrictions on civic freedoms, claims of excessive use of force during protests, and challenges to press freedom, including allegations of journalist intimidation. These developments have exacerbated social unrest and political polarization.
In the coming years, it will be important to follow the impact of the government's budget cuts to education, public health, pensions and social welfare on Basic Welfare. Gender Equality also warrants close attention, given recent structural reforms to the country’s legal and institutional frameworks for gender mainstreaming. Civil Liberties—including Freedom of the Press, Expression and Assembly and Association—will be key to follow amidst a shrinking civic space.
Last Updated: July 2025
https://www.idea.int/democracytracker/
June 2025
Supreme Court upholds former president Cristina Fernandez de Kirchner’s’ 2022 corruption conviction
On 10 June, Argentina’s Supreme Court upheld a 2022 federal court conviction of former president Cristina Fernández de Kirchner on corruption charges, rejecting her appeals. The ruling permanently bans her from holding public office and sentences her to six years in prison, to be served under house arrest. Tens of thousands Fernández de Kirchner’s supporters demonstrated against the ruling nationwide, calling it an undemocratic attempt to sideline the opposition’s leading figure. In an already polarized political climate, the verdict has sharply divided legal experts and politicians. Some view it as a victory for judicial independence and accountability, while others see it as a politically motivated move, rushed through ahead of critical midterm elections. Her legal team has announced plans to appeal the decision to the Inter-American Court of Human Rights, although experts note that the process may take several years and is unlikely to yield different results.
Sources: International IDEA, Chequeado, El pais, Buenos Aires Times, La Nacion
President Milei introduces controversial changes to federal police through decree
On 17 June, President Javier Milei announced significant changes to Argentina’s federal police through Decree 383/2025. The decree aims to redefine the functions, objectives and mission of the federal police, transforming it into a criminal investigation force. Human rights organizations have raised concerns, warning that the decree grants the police discretionary powers to carry out arrests and surveillance without judicial warrants under weak oversight mechanisms. They argue that the vague provisions could enable the criminalization of dissent and cyber-patrolling of opponents with grave impacts on civil liberties. Critics also contend that such structural reforms require congressional approval and broad public debate involving civil society. Opposition politicians have announced plans to challenge the decree, calling it unconstitutional for exceeding the scope of the legislative powers granted to President Milei under the controversial ‘Ley Bases’.
Sources: El Pais, Centro de Estudios Legales y Sociales, Chequeado, Presidencia de la Nacion, Infobae, International IDEA
May 2025
Government bypasses congress to reform the immigration regime through decree
On 29 May, the government issued a ‘Necessity and Urgency Decree’ (No. 366/2025) to reform the country’s migration legal framework, sparking criticism over the executive bypassing Congress. The reform tightens conditions for acquiring permanent residency and citizenship, denies entry to migrants with any criminal record and accelerates deportation procedures. It makes migrants making ‘significant monetary investment’ eligible for citizenship regardless of time of stay. It also ends free public healthcare for temporary or irregular migrants, except in emergencies, and allows national universities to charge tuition fees to temporary migrants. Human rights and migrant-rights organizations have criticized the decree, arguing that the executive bypassed Congress and failed to justify the issue as necessary and urgent. They note that previous legislation resulted from broad social dialogue and was unanimously approved in both chambers and was widely praised as effective until now.
Sources: Boletin Oficial, Centro de Estudios Legales y Sociales, BBC, Pagina 12
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
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