Milei’s decree: unconstitutional and incompatible with international law

Labor, housing, health, land and the environment are some of the most important rights infringed by decree of necessity and urgency (DNU) 70/23.

The entry into force of the presidential decree exacerbates the challenges in access to decent living conditions for millions of people, because it dismantles protection mechanisms, prioritizing profitability as the primary organizing principle in key areas of social life.

This political decision by the government of Javier Milei is unconstitutional as it involves the assumption of extraordinary legislative powers and a regression in the realm of human rights. Consequently, the DNU runs contrary to international human rights law, which holds constitutional status in our country since 1994. Legislators should carefully consider the violation of Article 99, Sect. 3 of the National Constitution, explicitly prohibiting such powers to the Executive Branch, and the breach of the non-regression principle, which would lead to a deterioration in the living conditions of the population. These points stand as key arguments for not endorsing Decree 70/23.

CELS has prepared this document, submitted to congressional representatives, as a contribution to the discussion on human rights standards incorporated into the Argentine constitutional order that are not upheld in the decree. We assert that the implementation of these unilateral decisions and their effects could potentially lead to the international responsibility of the Argentine State.

For each case outlined, we provide a guide to the declarations, conventions, principles and observations from international human rights protection bodies pertaining to the rights in question.

Autor/a: CELS
25 pages