ARTICLE 1. Absence due to forced disappearance may be declared in respect of any person who as of
December 10, 1983, had disappeared involuntarily from the place of their domicile or residence, without
any news of his or her whereabouts.
ARTICLE 2. For the purposes of this law, forced disappearance of persons is said to occur when a person
is deprived of his or her personal liberty and the act is followed by the disappearance of the victim, of if
he or she had been kept in clandestine places of detention, or deprived, in any other way, of the right to
access justice. It must be justified by complaint already lodged with a competent judicial authority, the
former National Commission on the Disappearance of Persons (Decree 158/83), or the Office of the
Undersecretary for Human and Social Rights of the Ministry of Interior or the former National
Directorate for Human Rights.
52.
Law 24,411, promulgated on December 28, 1994, amended by Law 24,823 promulgated on May 23,
1997, indicates:
ARTICLE 1. Persons who at the time of the promulgation of this law are in a situation of forced
disappearance shall have the right to receive, through their successors, an extraordinary benefit
equivalent to the monthly remuneration of Level A agents in the salary schedule for the civilian
personnel in the federal public administration approved by Decree 993/91, by the coefficient of 100.
For the purposes of this law, forced disappearance of persons is said to occur when a person is deprived
of his or her personal liberty and the act is followed by the disappearance of the victim, of if he or she
had been kept in clandestine places of detention, or deprived, in any other way, of the right to access
justice.
ARTICLE 2. The successors of any person who died as a result of the action of the armed forces, security
forces, or any paramilitary group prior to December 10, 1983, shall have the right to receive the benefit
established in Article 1.
…
ARTICLE 5. In the event of the appearance of the persons mentioned in Article 1, this circumstance
should be communicated to the competent judge, but there will not be an obligation to refund the benefit
if it had already been obtained.
…
ARTICLE 7. The request for the benefit shall be made, lest it lapse, within one hundred eighty (180) days
of the entry into force of this law.
53.
Law 25,914, promulgated August 25, 2004, indicates:
ARTICLE 1. The persons who were born during the deprivation of liberty of their mother or who, being
minors, were in any circumstance detained in relation to their parents, so long as the latter were
detained and/or detained-disappeared for political reasons, either upon orders of the National Executive
Branch and/or military tribunals and/or military areas, independent of their judicial situation, may avail
themselves of the benefits instituted in this law.
Those persons who due to any of the circumstances established herein have been victims of change in
identity shall receive the reparations determined by this law.
This benefit is incompatible with any compensation received by court judgment based on the facts
contemplated herein.
ARTICLE 2. To avail oneself of the benefits of this law, the persons mentioned in the foregoing article
must show, before the implementing authority, that they meet the following requirements:
(a) For those born during the detention and/or captivity of their mother, certification of the date of birth,
prior to December 10, 1983, and accreditation, by any means of proof, that their mother was detained
and/or disappeared for political reasons at the orders of the National Executive Branch and/or military
tribunals and/or military areas, independent of her judicial situation;
(b) In the case of minors born outside of prisons and/or establishments for captivity, showing by any
means of proof that they were there, and the conditions required in Article 1 of this law in respect to
either of their parents;
(c) Court judgment rectifying the identity in the cases indicated in the second paragraph of Article 1.
Exempted from having to attach that judgment are those who, being in this situation, have been adopted
fully and in good faith; they must prove by any means the forced disappearance of their parents.
…