Argentina: 2015 State Department Report

State Department Report, Argentina

"Patterns of Non-Compliance"

The State Department's annual report on International Child Abduction lists countries that demonstrated patterns of noncompliance, as defined by the Sean and David Goldman International Child Abduction Prevention and Return Act (ICAPRA).

Per ICAPRA, a pattern of noncompliance is defined as the persistent failure:

-of a Convention country to implement and abide by provisions of the Convention;

-of a non-Convention country to abide by bilateral procedures that have been established between the United States and such country;

-of a non-Convention country to work with the USCA to resolve abduction cases.

Persistent failure may be evidenced in a country by the presence of one or more of the following criteria:

-thirty percent or more of the total abduction cases in such country are unresolved abduction cases;

-the Foreign Central Authority regularly fails to fulfill its responsibilities pursuant to the Convention or any bilateral procedures between the United States and such country;

-the judicial or administrative authority of a Convention or bilateral procedures country fails to regularly implement and comply with the provisions of the Convention or bilateral procedures agreement;

-law enforcement authorities regularly fail to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of such country.

Argentina was found to be demonstrating patterns of non-compliance in 2014 for two reasons; their Percentage of Unresolved Cases (Thirty percent or more of the total abduction cases in such country are unresolved abduction cases as defined by ICAPRA. Calculated by dividing total number of unresolved abduction cases as of the end of the reporting period on December 31, 2014 by total number of abduction cases at the end of the reporting period on December 31, 2014) and their Judicial Performance (The judicial or administrative branch, as applicable, of the national government of a Convention country or a bilateral procedures country fails to regularly implement and comply with the provisions of the Convention or bilateral procedures, as applicable).  Argentina also had 4 open cases in 2014 that were unresolved and pending for over 1 year; one access case open for over 600 days, 2 abduction cases pending for more than 1400 days, and one other abduction case that has been pending for over 2000 days.  For these reasons, Argentina was categorized as "demonstrating patterns of non-compliance" in 2014. 

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