While high-profile cases and advocacy are pushing for change, the country's legal framework is still catching up. This article examines the current state of upskirting in Argentina: what it is, its profound impact, how the law (and its loopholes) applies, and what victims can do in the face of these violations.
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So, how are these cases prosecuted? Absent a specific law, Argentine prosecutors and judges have had to rely on a mix of other statutes, often with very limited results: While high-profile cases and advocacy are pushing for
The term "upskirting" was born in the internet era, but its mechanics are alarmingly simple. It describes the act of placing a camera—most often a smartphone—below a person's skirt, dress, or kilt to photograph or video their underwear or intimate body parts without their knowledge or consent. In its landmark 2019 ruling on the matter, a Córdoba court described it as "the practice of taking unauthorized photos or videos under a woman's skirt, capturing an image of her crotch, underwear, and sometimes genitals." In Argentina, it is widely considered a violent act with a gendered dynamic, overwhelmingly perpetrated against women and girls in public spaces like streets, shopping malls, and public transport. Absent a specific law, Argentine prosecutors and judges