Santa Fe Province Updates Constitution, Recognizing Digital Rights
Santa Fe Province, Argentina, has recently reformed its constitution, explicitly recognizing rights in digital environments and incorporating protections for personal data. The updated document builds upon the foundational 1962 Constitution, which itself was based on the Argentine National Constitution, and aims to modernize the province’s legal framework for the 21st century.
The Constitution of Santa Fe, first enacted on April 14, 1962, establishes the exercise of provincial institutions, ensuring the administration of justice, the municipal system, and education. The final approved text comprises a preamble and 116 articles, divided into ten sections.
The preamble to the Constitution, as it currently stands, articulates the core principles guiding the province: “We, the representatives of the people of the Province of Santa Fe, assembled in Constitutional Convention for the purpose of organizing the public powers and consolidating democratic and republican institutions to ensure the fundamental rights of man; maintain internal peace; strengthen justice; stimulate and dignify labor; provide for education and culture; foster social cooperation and solidarity; promote the general welfare; encourage economic development under the banner of social justice; affirm the validity of federalism and the municipal system; and guarantee at all times the blessings of liberty for all inhabitants of the Province, invoking the protection of God, source of all reason and justice, enact this Constitution.”
Section One of the Constitution, dedicated to Principles, Rights, Guarantees, and Duties, consists of 28 articles. It affirms the democratic, representative, and republican principles of governance, designates the Catholic, Apostolic, and Roman religion, and establishes the City of Santa Fe as the provincial seat of government.
The Constitution guarantees equal rights and protections to all inhabitants of the province, both nationals and foreigners, affirming the dignity, freedom, and equality of every individual. It protects fundamental freedoms including speech, the press, religion, and the right to a trade or profession, as well as the right to private property. Citizens are also expected to uphold the law and contribute to the well-being of the community.
The province is committed to fostering cultural development, supporting families, promoting private enterprise, encouraging economic integration, and safeguarding the environment, including native flora and fauna.
The electoral system, outlined in Section Two, defines eligible voters as citizens aged eighteen and older who are registered in the Provincial Civic Registry. Voting is personal, equal, free, secret, and mandatory. All citizens have the right to access elected office under equal conditions.
Historical Context: From 1819 to 1962
The current Constitution represents a continuation of a long process of legal and political development within the province. A provincial statute was first approved on August 26, 1819, establishing a representative republican system and, notably, instituting direct popular vote for the election of the governor – a first for Argentina. This 1819 statute remained in effect until 1841.
Following the death of Estanislao López in 1838, a new constitution was enacted in 1841, considered a significant advancement in its character and structure, influenced by both national constitutions and a desire for modernization.
Discussions regarding a reform of the 1962 constitution have been ongoing for years. Former Governor Antonio Bonfatti expressed commitment to the issue, while Eduardo Di Pollina prioritized constitutional reform, though his efforts were ultimately blocked within the Radical Civic Union. In 2016, Governor Miguel Lifschitz initiated a citizen participation process, “Bases for Reform,” to gather input on potential changes.
The 2025 constitutional reform incorporated contributions from diverse sectors, including the Argentine Legislative Observatory (OLEGISAR), and saw significant participation from civil society organizations and NGOs, representing approximately 23% of the more than 700 proposals received by the Reform Convention. This recent update marks a significant step in adapting the province’s legal framework to address contemporary challenges and protect the rights of its citizens in a rapidly evolving world.
