Rights and Politics in Argentine Social Security Reform

During the 1990s, Argentine social security underwent deep changes, as the Menem Administration (1989-99) pushed through Congress an ambitious reform program devised to privatize and streamline benefits. Supreme Court decisions generally followed suit, maintaining that pensions should be frozen, given the fact that pension mobility was not accurately defined in the Constitution. Claims by retirees imposed a huge strain on the judicial system; but when the Supreme Court refused to provide relief, the retirees sought relief in international bodies, such as the Inter-American Commission of Human Rights. By contrast, the Kirchner Administration (2003-07) pursued an aggressive human rights agenda that included recognition of social rights. Social rights were affirmed by the President, Congress and the Supreme Court during this period. The latter has shown a considerable degree of activism in comparison to its predecessor, but has also tried to act in harmony with the Executive and Congress.