Argentina

Death Penalty 100/100

1 Does the country retain the death penalty for drug offences? No

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Argentina is not listed as one of the states that retains the death penalty for drug offences in Harm Reduction International's (2021) The Death Penalty for Drug Offences: Global Overview 2020.

2 What is the extent of death penalty application for drug offences in the country? N/A

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Not Applicable

Extra-Judicial Killing 75/100

3 To what extent is the practice of extra-judicial killing prevalent in the course of military and police anti-drug activity? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Militarised Policing 50/100

4 To what extent are military or special security forces are involved in drug operations? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Life Sentencing 100/100

5 Is there provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences? No

source: GDPI Coding Team.

Article 7 of Argentinian Law 23.737 establishes a maximum sentence of 20 years (for organising or financing illicit drug activities), precluding lifetime imprisonment.

6 Where there is provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences, what is the nature of such sentences? N/A

source: GDPI Coding Team.

Not Applicable

7 How frequently are formal life sentences imposed for drug use and personal possession offences? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

8 How frequently are formal life sentences imposed for drug supply offences (production, dealing, or trafficking)?  N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Non-consensual confinement 50/100

9 To what extent is there a practice of non-consensual confinement in compulsory drug treatment centres? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Human Rights Violations 41/100

1 How often are suspects in drug cases subject to violence or torture by the police? Frequently

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

2 To what extent does arbitrary arrest and detention for drug offences exist? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

3 What is the country's score on the World Bank Fair Trial Indicator? Moderately Restricted

source: World Bank Data Repository: https://tcdata360.worldbank.org/indicators/hd45eb4d6?country=BRA&indicator=41895&viz=line_chart&years=1975,2019

The courts are generally independent of the government, but the justice system is characterized by moderate degrees of corruption or inefficiency.

Equity of Impact of Criminal Justice Response 8/100

4 To what extent does enforcement of drug policy disproportionately impact certain ethnic groups?  To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does enforcement of drug policy disproportionately impact women?  To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

6 To what extent does enforcement of drug policy disproportionately impact low-income groups? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Mandatory minumum sentencing and pre-trial detention 37/100

7 Do the state’s drug laws or legal frameworks include mandatory minimum sentences for any drug offences? Yes

source: GDPI Coding Team.

Law no 23.737 (Narcotics law) - A range of minimum sentences for different drug offences, i.e. art. 5 - from 4 to 15 years for cultivation, production and trafficking

8 For states whose drug laws or legal frameworks include mandatory minimum sentences for any drug offences, does this relate to first offences or multiple offences? Mandatory Minimum Sentences Apply to the First Offence

source: GDPI Coding Team.

No specific distinction between first and multiple offences for most drug-related offences in the law 23.737. There are alternatives for first-time possession for personal use offences that can substitute prison sentences (see indicator 2b). However, the minimum sentence can still be applied (art. 14). As such, mandatory minimum sentences are taken to be applied in the first instance, as they are not exclusively reserved for multiple offenders.

9 Do the state’s laws include mandatory pre-trial detention for drug offences? No

source: GDPI Coding Team.

Criminal Procedure Code art. 21 - Preventive detention can be ordered by a judge at the request of the Prosecution Ministry. Not mandatory

Alternatives to arrest/prosecution/conviction/punishment 56/100

10 Is there any provision in state criminal justice policy for alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences? Yes

source: GDPI Coding Team.

Law 23.737 art. 17 - in the case of possession for personal use the judge can opt for issuing treatment which can lead to the charge being dropped if the result of the treatment is found to be satisfactory

11 Do alternatives exist at the point of initial contact with law enforcement (i.e., the police or other law enforcement officers) – before arrest and/or prosecution? No

source: GDPI Coding Team.

Law 23.737 art.17-22 - While non-criminal sanctions exist, they are issued by the judge. The rulling occurs after an arrest has been made.

12 Do alternatives exist after the point of arrest, but before conviction or formal criminal court proceedings? Yes

source: GDPI Coding Team.

Law 23.737 - art. 17: the sentence can be exchanged for treatment if the charge is for personal use only and if the perpetrator is found to be dependent on drugs; art. 21: an educative programme can be ordered instead of imprisonment for first-time offenders (possession for personal use only) if they are not found to be dependent on drugs

13 Where individuals are convicted with a final sentence (courts), are there alternatives to incarceration for drug offences? Yes

source: GDPI Coding Team.

Criminal Code art. 14 - Probation can be ordered to first-time offenders for less serious offences. It cannot be granted for repeat offenders and offences included in the articles 5,6, and 7 of the Narcotics law 23.737

14 Do alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements?  Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

15 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, is relapse / non-attendance / treatment “failure” associated with subsequent imprisonment or punishment? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

16 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, are a range of treatment options and modalities made available to people based on their clinically assessed need or preferences? No

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

Extent of imprisonment of individuals involved in non-violent drug-related offences 0

17 To what extent does the pursuit of state drug policy result in the imprisonment of non-violent offenders? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Decriminalisation Policy 0

18 Is there a provision in national legislation or in official national policy documents for the decriminalisation of drug use and the possession of drugs for personal use?  No

source: GDPI Coding Team.

Law 23.737 - art. 17&21 - While possession for personal use is a criminal offence, the Narcotics law provides alternative sanctions such as treatment and education programmes that can replace a prison sentence. In addition, in 2009, there was a Supreme Court ruling (Fallo Arriola) which declared art.14 of the Narcotics law 23.737 as unconstitutional (art.14 criminalises possession for personal use). Code confirmed during the expert interview.

19 What % of the population live in a state/territory with decriminalisation provisions? N/A

source: GDPI Coding Team.

Not Applicable

20 For states or sub-national units with decriminalisation, what substances are decriminalised? N/A

source: GDPI Coding Team.

Not Applicable

21 Where there are administrative (non-criminal) sanctions for drug use and possession for personal use, what is the severity of these sanctions? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

22 To what extent has decriminalisation in this state been effective in diverting people who use drugs away from the criminal justice system? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Extent to which State Policy Prioritises Harm Reduction for People Who Use Drugs 74/100

1 Is there an explicit supportive reference to harm reduction in national policy documents? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2026

2 Are people who use drugs included in the HIV national strategic plan? Yes

source: GDPI Coding Team.

HIV national strategic plan identifies people who use drugs as one of the vulnerable groups

3 In states where people who use drugs are included in the HIV national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

See indicator 14

4 Are people who use drugs included in the Hepatitis-C national strategic plan? Yes

source: GDPI Coding Team.

People who use drugs are included in the plan in several sections (pp. 10, 12, 20 ...)

5 In states where people who use drugs are included in the Hepatitis-C national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

Page 21 of the plan - explicit inclusion of people who use drugs in key groups

6 Are people who use drugs included in the Tuberculosis national strategic plan? No

source: GDPI Coding Team.

p. 16 - Drug users are not included in the plan explicitly. However, people suffering from HIV/AIDS (some of whom will be drug users) are identified as a key, vulnerable group.

7 In states where people who use drugs are included in the Tuberculosis national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? N/A

source: GDPI Coding Team.

Not Applicable.

Harm Reduction Funding 0

8 How Adequate Are Levels of Harm Reduction Funding Relative to Estimated Need? Very low

source: Harm Reduction International GDPI team

Estimated by Harm Reduction International at under 10% of harm reduction resource needs met (see project methodology for details))

9 Which of the following best describes the sustainability of harm reduction funding in the state over the next 3-5 years? Uncertain

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Harm Reduction Intervention Availability and Coverage 10/100

10 Is at least one needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2026

11 Which of the following best describes the availability of needle and syringe programmes for people who inject drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

12 Is at least one opioid agonist therapy programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2026

13 Which of the following best describes the availability of opioid agonist therapy programmes for people who use opioid drugs? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

14 Is peer distribution of naloxone available in this state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2026

15 Which of the following best describes the availability of naloxone for people who use opioid drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

16 Is at least one in-prison needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2026

17 Which of the following best describes the availability of needle and syringe programmes to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

18 Is at least one in-prison opioid agonist therapy programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2026

19 Which of the following best describes the availability of opioid agonist therapy to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

20 Is at least one drug consumption room operational in ths state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2026

21 Which of the following best describes the availability of drug checking services to people who use drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to Harm Reduction Services 32/100

22 To what extent are there disparities in access to harm reduction services due to individuals’ ethnicity? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

23 To what extent are there disparities in access to harm reduction services for women, including during pregnancy? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

24 To what extent are there disparities in access to harm reduction services due to individuals’ sexual orientation and/or gender identity?  To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Policy prioritisation of availability and accessibility of controlled medicines for the relief of pain and suffering 75/100

1 Is there an explicit provision in national legislation (or in official national policy documents and regulatory instruments) that establishes the government’s obligation to make adequate provision to ensure the availability of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

National Palliative Care Program founded in 2016, aims to make pain relief and access to opioid medication an effective reality for all patients in the country, eliminating accessibility barriers for these medications.

2 Is there an approved national medicines policy plan that recognises the importance of the availability and accessibility of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

The National Medicines Policy aims to ensure access to essential medicines including those for pain relief (p.27).

3 To what extent does the policy-making process relating to controlled medicines meaningfully include stakeholders such as medical boards, health professionals (including pharmacists), patients, and representatives of patients?  To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

De facto availability and accessibility of controlled medicines for the relief of pain and suffering 25/100

4 What range of narcotic drug consumption does the state fall into? Low Access

source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

Source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

5 To what extent are there geographic disparities in access to controlled drugs for the treatment of pain? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to controlled medicines for the relief of pain and suffering 62/100

6 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ gender? Not at all

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

7 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ socio-economic status? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ ethnicity? Not at all

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

9 To what extent are there disparities in access to opioid analgesics for the treatment of pain for people who use drugs? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Filter Question for 'Development' Dimension N/A

1 Does the country include ‘alternative development’ or ‘sustainable development’ programmes to provide alternatives to the cultivation of crops used for illegal drug production? No

source: GDPI Coding Team.

No reference to sustainable/alternative development approaches to crop cultivation in legislation. This was confirmed by the GDPI expert survey.

Alternative Development Policy Design N/A

2 Are Alternative Development policies and programmes embedded within a broader development programme? N/A

source: GDPI Coding Team.

Not Applicable

3 To what extent are local communities, participants, and (where applicable) indigenous and minority groups meaningfully included in the design, implementation, monitoring, and evaluation of alternative development policies and programmes? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

4 To what extent is the protection of the environment prioritised in alternative development policy and programmes?   N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

5 To what extent does alternative development operate within a framework of militarized/security sector operations as part of security policy? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Management of Crop Eradication N/A

6 Does alternative development policy include provisions for forced crop eradication? N/A

source: GDPI Coding Team.

Not Applicable

7 Where provision is made for forced crop eradication, does policy also make provision for aerial spraying in forced crop eradication? N/A

source: GDPI Coding Team.

Not Applicable

8 To what extent are alternative development programmes sequenced to ensure that targeted households have adopted viable and sustainable livelihoods in advance of any crop eradication efforts? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Efficacy of alternative development policy for key beneficiaries N/A

9 To what extent do alternative development policies and programmes facilitate the empowerment of women? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

10 To what extent do alternative development policies and programmes benefit young people? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

11 To what extent do alternative development policies and programmes implement a successful ‘pro-poor’ strategy? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable