The strategy they are examining at the Patria Institute for Cristina Kirchner to run as a candidate in Buenos Aires.

Within the  Patria Institute , a strategy is emerging that could fundamentally alter the  electoral landscape :  Cristina Kirchner’s bid  as a candidate in the third electoral section of the province of Buenos Aires. This move comes even in the wake of her confirmed sentence for corruption and a  perpetual disqualification  from holding public office.

The premise hinges on a constitutional interpretation emphasizing  the right to choose and be chosen  as a cornerstone of democracy. According to a report obtained by  Infobae , Kirchner’s conviction does not automatically preclude her candidacy since  the right to suffrage , encompassing both  active and passive dimensions , is protected both by the National Constitution and international treaties ratified by Argentina.

Central to this argument is the  American Convention on Human Rights , particularly Article 23, which affirms the right of all citizens to vote and be elected via authentic voting processes.

To substantiate this position, a segment of Kirchnerism cites precedents where  the rights to vote and to be elected form an indivisible unit . They contend that the right to vote inherently confers the right to stand for election, adhering to the indivisibility of political rights.

For instance, they reference the  Supreme Court ruling in 2002 , which acknowledged the voting rights of incarcerated individuals, illustrating a broad interpretation of electoral rights. In  2016 , the National Electoral Chamber ruled that various restrictions imposed by the Electoral Code and the Criminal Code were unconstitutional, asserting that political rights should not be limited based on a firm conviction.

Further cases from  2007  highlight the Supreme Court of Buenos Aires’s focus on ensuring  access to electoral rights , as demonstrated in its decisions favoring candidates Francisco de Narváez and Daniel Scioli. These judicial outcomes are interpreted by Kirchnerism supporters as crucial for validating candidacies from individuals whose legal situations are contentious.

Citing precedent, they also refer to  Horacio Rosatti , the president of the Supreme Court, asserting in his Constitutional Law Treaty that  political proscription contradicts the Argentine legal framework . Rosatti argues that depriving individuals of their rights to political association and expression runs counter to key constitutional principles.

The report emphasizes that the existing electoral laws are excessively stringent and represent an infringement on fundamental rights, concluding that  electoral justice  should not restrict Kirchner’s candidacy. “If electoral justice allows it, she may run, but not assume office,” they suggest, cementing their argument.

This complex strategy could be formally proposed this Saturday at the  Congress of the Buenos Aires PJ  in Merlo, marking a significant moment in the political landscape of Argentina, especially as Kirchner maneuvers through these intricate legal and constitutional hurdles.