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Binding Treaty on Business and Human Rights: Comments from Fundeps and the new revised Draf

At the fourth session of the United Nations Intergovernmental Working Group on Business and Human Rights, different actors presented their comments and proposals on the ‘zero’ draft of the legally binding international instrument. Fundeps made recommendations and questions about certain axes of the draft, relevant to guarantee the fulfillment of human rights by transnational companies. Based on the comments made, on July 17, the Intergovernmental Working Group presented the new Revised Draft.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

In 2014, the UN Human Rights Council issued two resolutions, one of which ordered the establishment of an intergovernmental working group responsible for developing a binding treaty on business and human rights. The second resolution, of the same year, requested the UN working group to prepare a report containing the benefits and limitations of legally binding instruments.

From there, the work group sessions began. The first one was held in 2016 and the second in 2017, where Ecuador presented the document ‘Elements for the Legally Binding International Instrument Project on Transnational Corporations and other companies with respect to Human Rights’. In these sessions, the intergovernmental working group focused on improving the content, scope, nature and form of the potential international instrument to regulate the activities of transnational corporations and other companies in the fulfillment and respect of human rights.

In the third session, in 2018, the working group published the Zero Zero Draft ’of the Binding Treaty; The elements for preparing a draft of a legally binding instrument were discussed taking into account the discussions held in the first two sessions.

Last year, in the fourth session, calls for comments and proposals were made on the draft of the binding treaty. The presentations were made by some States such as Chile, Colombia and the Philippines, non-governmental organizations with consultative status and other stakeholders such as civil society organizations, including Fundeps. The document on the ‘zero’ draft, presented by the foundation, is divided into general and specific comments.

The general comments made by Fundeps cover different aspects that have not been taken into account in the document and that are extremely relevant to ensure that transnational corporations guarantee and respect human rights. Among the comments, the absence in the Treaty of commercial activities that are supported by the States, the high relevance given to the remedy of damages and rights of the victims that, although it is extremely positive, are even more necessary a priori are measures prevention to prevent companies from violating human rights. With prevention there would be no need to remedy any damage caused since these would not exist if they were well regulated.

On the other hand, the draft Treaty only establishes a binding component for the States, but companies are not given responsibility. Therefore, not only does it not make them obliged subjects, which was the initial idea, but they will respond before the laws that the States implement in this matter. In addition, the creation of a court or other institution that has the capacity to judge and penalize the actions of transnational corporations is absent.

Finally, in the general comments of Fundeps, the absence of the sections on ‘corporate obligations’, ‘state obligations’ and the obligations of international organizations, which are fundamental elements to guarantee the fulfillment of rights, is highlighted Humans versus business activity.

Specific comments were made in accordance with the sections of the draft. According to the preamble, it is recommended to include the relationship with other international conventions and recognize ‘Corporate Capture’ as a global issue that undermines human rights. In addition, the absence of guiding principles on business and human rights as an immediate precedent of the treaty is questioned. , as well as the lack of recognition of the danger situation of human rights defenders. Regarding the purpose of the Treaty, it is recommended that the purpose of the document should be the guarantee of human rights and incorporate as an objective of the addressed the resolution of power imbalances between corporations and affected communities.

Finally, in Prevention, the componente Gender ’and conflict of interest component should be incorporated into all due diligence measures. In addition, these measures must ensure transparency in the interactions of transnational corporations with state authorities, and the protection of human rights defenders through specific and reinforced protection mechanisms.

New Draft: progress?

The Intergovernmental Working Group, in charge of drafting the document, has made progress in its development. Consequently, on July 17 they presented the Revised Draft of the binding treaty to regulate the activities of transnational corporations and other commercial companies regarding human rights. This version was made according to the recommendations and comments proposed by the different actors convened in the fourth session last year. This draft will be discussed in the fifth session, which will take place between October 14 and 18 of this year.

At first glance, the new draft of the binding treaty has modified the formulation, which, in the words of Hood and Hughes-Jennett, is rather ambiguous. Thus, in Article 3 of the draft, its application has been extended to “all commercial activities”, that is, it will no longer be limited to those of a transnational nature. However, the definition developed in Article 1 on commercial activities leaves those that are purely national in scope of the treaty. A positive development in the project has been the elimination of the requirement that commercial activity should be limited to all those that were carried out “for profit”.

On the other hand, the new Article 6 of the draft treaty incorporates a new provision where States will have responsibility for not preventing damage that the party with whom they have a contractual relationship has caused third parties, regardless of where the damage occurs ( Hood & Hughes-Jennett, 2019).

From the perspective of due diligence, an improvement in the draft has been observed, since the States are not only obliged to regulate commercial companies within their territory where they are obliged to respect and prevent violations of DD.HH .; now in the project it is clarified that the legislation must be introduced to make the due diligence of human rights mandatory and, in addition, companies must be obliged to acquire the appropriate measures to prevent violations or abuses of human rights. It represents a breakthrough because it means a convergence with the UN Guiding Principles (Hood & Hughes-Jennett, 2019).

With regard to legal-criminal liability, the Revised Draft has eliminated the provision on universal jurisdiction and instead has incorporated a new provision that establishes the jurisdiction of territorial, active and passive nationality. Therefore, the states will be disabled to exercise jurisdiction in those behaviors that do not constitute a criminal offense, in accordance with international law in situations where there is no conventional jurisdictional link with the crime (Hood & Hughes-Jennett, 2019) .

Consequently, we must wait and observe the decisions that occur in the fifth session on the Revised Draft. While the incorporation of some recommendations and a closeness to the Guiding Principles on business and human rights is observed, there is still a shortening of distances between the Revised Draft and the Guiding Principles; since these have been the initial kick representing a fundamental advance in the normative criteria on the responsibility and the accountability of the transnational companies. There are still issues that are not clearly defined in the revised draft, which means that transnational corporations continue without being fully obliged to respect and guarantee Human Rights.

Más información:

Authors

Sofia Brocanelli

Contact

Gonzalo Roza gon.roza@fundeps.org

 

 

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We urge the Municipality to comply with the Bajo Grande Mitigation Plan

Given the facts of public knowledge related to the report of the Environmental Police Directorate of the province of Córdoba regarding the malfunction of the Edar Bajo Grande plant, we insist on the claim presented in May of this year, by Fundeps with Las Omas and neighbors of the neighborhoods Chacras de la Merced, Villa La Merced, Ciudad Mi Esperanza and Parque 9 de Julio against the mayor Ramón Mestre, requesting a hearing this time in order to seek alternatives to solve the problem.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On May of the current year, we presented together with neighbors from different neighborhoods immersed in the problem of Chacras de la Merced, an administrative complaint. In this, we demanded that the Municipality of Córdoba Municipality comply with the mitigation plan prepared by the municipality itself to temper and correct the problems that afflict said area of ​​our city due to environmental degradation mainly from the Purification Station of Wastewater of Bajo Grande (hereinafter Edar).

Due to the lack of responses by the Intendancy, and to the facts of public knowledge about a report by the Environmental Police Directorate of the Province that again highlights the malfunction of the Edar plant, and the consequent contamination environmental that this causes, is that we insist on that claim. In turn, considering the next change of government and the urgency required to address the problem, we request a hearing from the Administration in order to bring perspectives, evidence and alternatives to address the problem tending to achieve respect for rights. fundamental humans who are currently affected.

Likewise, in the insistence claim we once again realized the serious situation that affects Chacras de la Merced, mainly related to health conditions in the communities and socio-environmental conditions that make it difficult to develop their life plan. Situation that is recognized by the Municipality of Córdoba at least since 2014 when it declared for the first time the environmental and sanitary emergency of the EDAR plant and the areas located downstream, status that remains to this day. In the same way, we reiterate the request to make public the information about the tasks carried out by the Municipality in relation to the Mitigation Plan, which has not been provided before repeated requests for access to public information submitted by Fundeps.

The systematic and continuous aggravation of the living conditions of the population of Chacras de la Merced linked to environmental degradation caused by the Edar, and the inaction of the Municipality, who, with its omission, consolidates day-to-day human rights involvement, is that again we demand a definitive solution to the problem of those who suffer from forgetting and environmental discrimination in the city of Córdoba.

On the other hand, and in relation to the problem, we submit a request for access to public information before the Environmental Police Directorate in order to request the Report made by said agency in which it reports Edar’s malfunction. Said report was presented to the Municipality of Córdoba as it transcended, but was not publicized, even before the relevance and public interest that it has while the samples collected by the Environmental Police of the liquids that enter and are discharged without treatment to the River are analyzed. Drought and that, as it transpired, show the serious environmental damage caused by Edar.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

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When in doubt, nature

After a long judicial process, a group of residents of the town of Gualeguaychu (Entre Ríos) managed to get the Supreme Court of Justice to rule in favor of their claim in an important precedent that recognized and applied novel principles of environmental law.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Such course of action began with an action for environmental protection filed by a group of Gualeguaychu residents against a real estate project located near the river of the same name, demanding the cessation of works and the environmental recomposition. In the first instance, the action was accepted, although afterwards the Superior Court of Justice Entre Ríos (hereinafter STJER) annulled the judgment. Before this last pronouncement, the amparistas presented an extraordinary federal appeal, which, although it was rejected by the STJER, was admitted by the Supreme Court of Justice (hereinafter “The Court”), revoking in its resolution that resolved by the high provincial court.

Although the highest court in Argentina only overturned the ruling of his interlocutor paring the proceedings to the court of origin, the considerations for arriving at such a decision reaffirmed certain existing rules and principles in environmental law (procedural and substantial), at the same time that crystallized novel legal principles in the matter. In effect, the Court once again stressed the integral systemic nature of the watersheds and the importance of the protection of the wetlands (affected in this case) as integral and interdependent parts of the water system, citing as a normative instrument the Ramsar Convention (Relative Convention to Wetlands of International Importance, especially as Waterfowl Habitat).

Likewise, the Court assessed the application of the precautionary principle, and also introduced the novel application of the principles in dubio pro natura and in dubio pro aqua.

Regarding the principle in dubio pro natura, this establishes (in the words of the Court) that: “In case of doubt, all proceedings before courts, administrative bodies and other decision-makers must be resolved in such a way as to favor protection and conservation. of the environment, giving preference to less harmful alternatives. Actions will not be taken when their potential adverse effects are disproportionate or excessive in relation to the benefits derived from them.”

Regarding the principle in dubio pro aqua, he argued that: “In case of uncertainty, environmental and water disputes should be resolved in the courts, and application laws interpreted in the most favorable way to the protection and preservation of the resources of water and related ecosystems.”

In short, the Court revoked the decision of the STJER since it directly affected access to environmental justice (Article 32 of Law 25.675) and the principles in dubio pro natura and pro aqua, in the defined terms. Undoubtedly, the jurisprudential recognition of the highest judicial body means the incorporation of both guidelines to Argentine environmental law. They are welcome.

More information

Author

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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New international agreement on violence and harassment at work

The OIT is an agency of the United Nations (UN) that brings together governments, employers and workers of 187 member states, to establish international labor standards. Within the framework of its 108th meeting in the city of Geneva in the month of June of this year, an agreement was approved (with 439 votes in favor, 7 against, 30 abstentions) and its respective recommendation (with 397 votes in favor , 12 against and 44 abstentions), on the elimination of violence and harassment in the world of work, which materialize proposals related to the topic.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The issue takes on special relevance in our country since, according to this entity: “France, Argentina, Romania, Canada and England have indicated the highest rates of sexual harassment and assault in the workplace, (…), based in the largest global study that has been done so far on violence at work. “

The particularity of this agreement is that, in its content, it deals with the theme with an inclusive, integrated and gender perspective approach that is embodied in norms that imply a transcendental socio-cultural advance towards the protection of women and other groups. vulnerable (art.6), disproportionately affected by preventing their access to the market, permanence or professional progress.

This agreement would have a projection in the formal and informal work, public and private, regardless of their contractual situation. Through its rules it defines and distinguishes “violence and harassment” (Article 1 a) of “violence and harassment based on gender” (Article 1 b), leaving open the possibility for ratifying countries to contemplate them in their national legislations as unique or separate concepts; and understands that they can constitute “a violation or abuse of human rights, a threat to equal opportunities and contrary to decent work”.

The text provides that member countries should establish mechanisms for registration, control and monitoring of violence and harassment in the world of work, and that national bodies responsible for labor inspection, safety and health in this field should consider them as psychosocial risks in its management It also establishes the obligations of adoption and application of workplace policies related to violence and harassment, information and training on the subject, and even contemplates sanctions against perpetrators and compensation for victims for the damages and / or psychosocial, physical illnesses. or of any other type that are consequences of such acts. In a novel and positive way, through this normative proposal domestic violence is contemplated within the workplace and determines an obligation to mitigate its impact and even to evaluate it as a risk in the workplace.

However, despite the progress it represents, the text standardizes forms of violence and harassment, and affected groups. Mainly by establishing and leaving the concept of “vulnerable groups” undefined; without contemplating the diversity of the victims, of violence and harassment, hindering a true solution to the conflict.

The agreement is open and awaiting ratification by the member countries and will be an international legally binding instrument once ratified by our country, with a supralegal or constitutional hierarchy, after the approval of the National Legislative Power.

It is an opportunity to assume a genuine commitment to equal rights, based on positive actions that allow regulation and reform of situations of violence and harassment in the world of work, once it is effectively translated into concrete public policies and not mere empty commitments (purplewashing).

A better future of work for women and vulnerable groups can only be achieved by ending discrimination and overcoming entrenched stereotypes in relation to women in society, the value of their work and their position in the labor market. This future will be possible not only with the protection of women and vulnerable groups against violence, but with actions that simultaneously aim to achieve equality at work, access to social services and equal care services, and participation and representation of women in internal structures such as unions and trade unions.

Author

Luz Baretta

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

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We present the report on gender and advertising in Rosario

Last Thursday, June 27, we presented our report on gender and publicity at the Open University of Rosario, invited by members of the governing body and teacher of the advertising career.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

After years of research in communication and gender issues together with Comunicación para la Igualdad, we have arrived at results that highlight the unequal terrain faced by women and dissidents in the advertising field. For this reason, we understand the importance of disseminating this information in order to generate a positive impact in terms of gender equality within the advertising industry.

That is how on Thursday, June 27, the Open University of Rosario (UAI) opened its doors for the presentation of the report “Advertising sector and gender.” The invitation came from the Director of the Advertising Career, María Virginia Beduino and one of its most committed teachers on the subject, Mariángeles Camusso who, in addition, coordinates the Advertising Observatory on Sexism of the University.

Throughout the more than two hours of the presentation, conclusions were presented that enabled the debate and intervention of the participants. Together with the institution, the proposal was to generate a space for meeting and reflection on the future scope of student employment, to discuss the current trajectories of educational spaces, as well as to learn about the experiences of those who are already working.

During the dialogue different points of view and experiences of those who make up the advertising industry and its related sectors were shared: students, workers, teachers, representatives of advertising agencies and academia.

In the presentation, emphasis was placed on the need to know and address machismo and gender inequality within the advertising industry, since research on this subject is scarce, especially with an eye toward the interior of the country.

In these spaces, where invisibility prevails and, therefore, the reproduction of gender violence and stereotypes, sexism and gender gaps in the access of women to hierarchical positions and masculinized areas were known.

We identify that women are the majority (58%) among those who graduate from advertising careers. Then, when entering the advertising agencies, we noticed that among the people who work there there is a relative parity: 49.5% of female presence and 50.5% of males.

However, inequality is perceived in vertical and horizontal segregation, since men occupy the majority of the positions of hierarchy and the highest-paid and symbolically most relevant areas. Men constitute 83.5% of the property and managerial positions in advertising agencies, 68% of business chambers and 92% of those who direct creative areas. Even in areas such as Accounts where the female presence is 67%, in most cases it is directed by men (72.5%).

The area with the greatest female presence, both among its workers and in its directorates, is Administration or Finance, more orderly in terms of hours, although less valued in terms of salaries and possibilities of promotion.

In the educational field, there are no compulsory subjects on gender and in the agencies only 15% have carried out training on the subject.

Faced with these conclusions, we emphasize the importance of generating spaces for debate in educational institutions linked to the training of advertising professionals, since they allow us to raise concerns, denaturalize inequality and think about actions for the transformation of these spaces. The institutional openness of the UAI and the commitment of its teachers to address inequalities and gender violence in the advertising industry is a notable step towards its prevention and eradication from the zero point. We invite all the actors involved in the advertising industry to advance towards the eradication of gender-based violence.

Authors

Mila Francovich

Cecilia Bustos Moreschi

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

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IFIs and climate change: The role of the Green Climate Fund

We participated in a workshop organized by the review mechanism of the Green Climate Fund accounts to inform us about the mandate of that institution and discuss ways of interacting with civil society.

The Green Climate Fund (GCF) is one of the financial institutions for climate within the architecture created by the United Nations Framework Convention on Climate Change (UNFCCC). In order to promote a change in the paradigm towards the reduction of emissions and development compatible with the environment, it provides financial support for adaptation projects and mitigation of the effects of climate change. Its objective is to be the main operating entity within the financial mechanism of the Convention, in addition to projecting itself as the central institution in the global climate finance plan.

To make the work and operation of GFC more known, the Independent Repair Mechanism (IRM) convened civil society organizations in Santiago, Chile, on May 30 and 31. In the case of the IRM, it has only been functioning for 2 years and has had only three case presentations, so it was also an opportunity to discuss the future interactions of the mechanism with potential cases and with civil society.

Among the issues mentioned by the organizations are the dangers for human rights defenders, the difficulties in implementing remediation plans, the impact of projects on communities and on the rights of indigenous peoples, gender issues within the projects and the claims. In this way, ways to operate from the mechanism to address these concerns were also discussed

More information

Green Climate Fund

Independent Repair Mechanism

Author

Carolina Tamagnini

Contact

Gonzalo Roza,  gon.roza@fundeps.org

The Consultative Council of the INAM met

We participate in the annual meeting of the Ad Honorem Advisory Council of the National Institute of Women (INAM).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On June 10, INAM convened in Buenos Aires the civil society organizations that are part of the Advisory Council. The meeting reported on the budgetary execution of the agency, as well as on the progress made in the implementation of the National Plan of Action for the Prevention, Assistance and Eradication of Violence against Women 2017-2019.

Likewise, progress was made in measuring the implementation of the Plan, as well as the construction of the national budget from the perspective of gender policies, including not only the Institute’s budget but also all other government portfolios. Finally, ways of interaction between the organizations representing each province and the women’s bodies and federal advisers corresponding to each jurisdiction were discussed.

We appreciate that these instances of participation for civil society be maintained and we hope that the INAM will continue strengthening the institutionality of the Consultative Council, as a space committed to the rights of women. The contributions of the organizations that are in the field are fundamental in the elaboration, implementation and evaluation of gender policies and that serve to keep alive the reason of being of the INAM: to assure to the women a full life, free of violence and worthy of be lived.

More info

Somos parte del Consejo Consultivo del Instituto Nacional de las Mujeres

Presentamos reporte anual ante el INAM y manifestamos preocupación por su inactividad

Author

Carolina Tamagnini

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

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We participated in the consultation of UN Women for Beijing + 25

In view of the 25th anniversary of the Beijing Platform, UN Women is pushing at the international level for States to review the progress and challenges surrounding women’s human rights. For this, a meeting was called with civil society organizations, together with the National Institute of Women (INAM).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The Beijing Declaration and Platform is a program developed in 1995 with a large participation of civil society, to give tools to States, the private sector and the third sector, to promote gender equality. Every five years, a revision process is carried out, at a general level and at the level of the States, to finally make recommendations that allow to continue advancing in the fulfillment of the measures established in said platform.

The national reviews contribute to the global review and evaluation that UN Women will prepare and present during the 64th session of the Commission on the Status of Women (CWS 64), which will take place in March 2020 in New York . The reports are composed not only of the information provided by the State, but also by the contributions of civil society. In this context, INAM, the agency in charge of coordinating gender policies in Argentina, openly called social organizations, the women’s movement and trade unions.

Considering that the Beijing Platform has been a key document for international policy, it has been revised in the light of the Sustainable Development Goals by 2030. In this sense, four axes were identified in which Beijing + 25 and the 2030 Agenda:

  • Inclusive development, shared prosperity and decent work
  • Eradication of poverty, social protection and social services
  • Eradication of violence, stigmas and stereotypes
  • Participation, responsibility and institutions with a gender perspective

Regarding inclusive development, the challenge we face has to do with the difficulties faced by women and diversities in their access to work and, within it, the limits to their possibilities of promotion. This is linked to the lack of equal opportunity policies at the level of public policies and within these companies, according to research carried out in media companies and advertising agencies. Specifically, the critical axis is maternity and care, due to the lack of conciliation policies regarding parental leave, extension of leave time, leave for care (due to illness, family disability, care for the elderly), flexible forms of work (home office) or problems around day care centers. In the event that these types of actions are implemented, they respond to particular demands, so they are not institutionalized or systematized.

Regarding the eradication of violence, stigmas and stereotypes, we are particularly concerned that the public bodies set up to watch over situations of media and symbolic violence – applying Law 26.485 and 26.522 – present irregularities, even when there are commitments assumed by the government and resources from international cooperation to strengthen the fight against gender violence. This is especially noticeable in the ways open to society, for example, the mouths of denunciation.

In our experience, the Media Observatory of INAM and ENACOM have little or no response level to complaints, while the Ombudsman’s Office, with greater activity in this regard, continues to accept it since 2015.

As we understand that the eradication of gender violence implies its visibility and the transformation of naturalized sociocultural patterns and reproduced in daily practices, we make recommendations for the inclusion of awareness, training and gender perspective training in the media and advertising agencies , starting from the areas of university or tertiary professional training.

Finally, on the point of institutions with a gender perspective, we consider that the enactment of the Micaela Law is a good way to incorporate it into State bodies. However, we must insist on adherence by the provinces and state institutions.

Likewise, we recognize public and private schools as institutions endorsed by the State to provide formal education. As such, they must abide by the legislation on the implementation of the ESI and be responsible – and therefore susceptible to being sanctioned – in cases where actions are taken that impede the right to receive or provide sex education.

Within the consultation, topics related to the importance of including the rights of sexual diversity, in particular of transgender people, labor inclusion, vocational training and representation and political participation were also mentioned in all the axes. In order to celebrate the 25th anniversary of what happened in Beijing, the anniversary finds the feminist movement in the midst of the struggle to continue expanding the rights of women, transgender people and dissent.

More information

Country review processes for Beijing + 25:

Beijing + 25 background

Beijing Declaration and Platform for Action

Author

Carolina Tamagnini

Contact

María Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

Again macho soup in the media

As part of our work monitoring public policies regulating the media, we identify situations of media and symbolic violence and carry out the corresponding complaints. On this occasion, it was about the broadcasts of two television programs: on the one hand, “Los angeles de la mañana” on Canal 13 and, on the other, “Animales sueltos” on América TV.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

What happened in “Los angeles de la mañana”?

In the program broadcast on May 14, “Los Angeles de la mañana” (a magazine directed by Ángel De Brito) made a “change of look” to Cinthia Fernández, which consisted of a haircut. During the same, Cinthia said repeatedly that he did not want to be cut, but gave in to the insistent pressure from his colleagues. In this situation, he mentioned that he did not want to be cut too much, and that he wanted to see how far they cut it, setting the limits for the intervention. Its manifestations were reduced with comments like “it is not elegant what you have”, “do not be silly, hair grows”, “you do not have to see it”, “they brought you here to be better”.

During the haircut Cinthia was seen nervous, scared, pressed and uncomfortable with the situation. The driver and the panelists were all the time commenting about their appearance in a demeaning way and without letting it intervene. “I want to cry, I’m serious,” “I’m having a hard time,” he said, about the end.

We are concerned that television exposes such a violent situation, especially the exercise of acts on the body of women without their consent. It is clear that she consented to agree to the change of look, but this was not carried out under her terms, but was systematically pressed and all her comments and expressions of desire were minimized.

What happened in “Animals loose”?

On May 16, in the program broadcast by America, media and symbolic violence was again committed. Towards the end of the program, Alejandro Fantino asked the panelist Romina Manguel: “But stop, that’s how you came?”, Referring to his clothes. The driver, ignoring the discomfort of the journalist, continued saying: “Focus on Manguel”, asking him to show his clothes and parade.

Manguel’s reaction was a nervous laugh and ask him to stop. The driver continued, insisting that the cameras focus on her and insinuating that she could find a partner. All this intervention, although brief and only at the end of the program, was extremely violent for Romina and stereotyped for women. This was accompanied by the complicity and laughter of the rest of the panel made up of men, who did nothing to stop these moments of uncomfortable reification of the only female panelist of the program.

Why are we talking about media violence and what laws protect our complaints?

Both media contents are humiliating and discriminatory, and constitute cases of mediatic and symbolic violence. Recall that the Law of Comprehensive Protection for Women 26.485 defines media violence as “that publication or dissemination of stereotyped messages and images through any mass media, that directly or indirectly promotes the exploitation of women or their images , injure, defame, discriminate, dishonor, humiliate or threaten the dignity of women, as well as the use of women, adolescents and girls in pornographic messages and images, legitimizing inequality of treatment or construct sociocultural patterns that reproduce inequality or generators of violence against women “. In this sense, according to articles 70 and 71 of the Audiovisual Communication Services Law 26,522 all media outlets are obliged to comply with 26.485 in addition to “avoiding content that promotes or incites discriminatory treatment based on race, color, sex, sexual orientation, language, religion, political or other opinions, national or social origin, economic status, birth, physical appearance, the presence of disabilities or that undermine human dignity or induce to behaviors that are harmful to the environment or to the health of people and the integrity of children or adolescents “.

What organisms do we denounce and what for?

Attentive to this normative framework, as well as to the great responsibility -particularly in Argentine society- of the media to construct meaning and form an opinion, we have denounced these situations in front of the Ombudsman’s Office, the INADI radio and television Observatory and the Observatory of symbolic and media violence of the INAM. We hope that these agencies take the necessary actions in this regard and we commit ourselves to continue ensuring the effective execution of existing public policies, as well as promoting those that still need to be created to fight against this and all types of gender violence.

More info:

Denunciamos a Eduardo Feinamm por sus dichos homo-odiantes sobre Facundo Nazareno Saxe

Denunciamos a TN por violencia mediática y simbólica

Denuncia al programa Animales Sueltos por tratamiento discriminatorio de la información

El Show de la Mañana otra vez incurrió en violencia mediática

Author:

Mariana Barrios Glanzmann

Contact:

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

An approach to the Asian Investment Bank in Infrastructure

This working document details the main features of the recently created Asian Infrastructure Investment Bank (AIIB), addressing its structure, operation and current funded projects and the role played by China in its institutionalization.

Descargar Documento / Download File
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The Supreme Court rejected the action initiated by the mining company Barrick Gold against the Law of Glaciers

Within the framework of a declarative action of certainty initiated by Barrick Exploraciones Argentinas S.A and the Province of San Juan, the highest judicial organ of Argentina decided to reject the action. Although the arguments for such a resolution were related to the non-existence of a “judicial case”, in addition, the Court hinted at its position in the eventual proposal of unconstitutionality of the Law of Minimum Budgets for the Preservation of Glaciers and the Periglacial Environment.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The proposals of the mining company and the province of San Juan, focused on questioning: a) the legislative procedure for the enactment of Law 26,639 (of Glaciers); b) The unconstitutionality of the aforementioned regulations for advancing on regulatory competences specific to the Province as holder of the original domain of natural resources. The company Barrick and the province of San Juan converged on this last point arguing that the law in question, hypothetically, posed an affront to the possibilities of exploitation by the mining company and management of natural resources by the province.

In view of this situation, the Court analyzed whether the necessary requirements were met for the organ to enter into the analysis of the parties’ claims, that is, if there was a “judicial case” (subject that may be subject to a process). The conclusion reached was that there was no sufficient accredited legal interest, or a so-called “act in the making” (administrative act necessary to consider the existence of a judicial case) that endangers the rights of the parties. He also considered that the lack of completion of the Glacier Inventory (ordered to the Executive Branch by the glaciers law), necessarily implied the inexistence of the “act in the making”, since this inventory was a basic budget for the operation of the attacked law by the parties.

As a consequence of the inexistence of the justiciable case, the Supreme Court held that as regards the conflict between the provincial and national jurisdiction alleged by the province of San Juan, the judicial power should not intervene, while the environmental policy issues should be resolved by the federal dialogue before the intervention of the judges.

However, even though it was not necessary according to the conclusions regarding the inexistence of a justiciable “case”, the ministers of the Court held that the process by which the Glaciers Law had been sanctioned had been valid from the point of view constitutional, according to the background and regulations of the Chamber of Senators.

On the other hand, in a convincing “environmental” message, the Court expressed its opinion regarding the validity of the Glaciers Law, in the face of the arguments that raised its unconstitutionality, thus outlining its position regarding a future “judicial case”. Among some of the arguments offered by the high judicial body, the following can be highlighted:

  1. The clear rule that when there are rights of collective incidence pertaining to the protection of the environment – in the case of the Law of Glaciers the strategic resource Water – the hypothetical controversy can not be treated as the mere collision of subjective rights (individual lease). The characterization of the environment as a “collective good” changes the focus of the problem, which must not only address the claims of the parties.
  2. The interests that exceed the bilateral conflict must be considered (in the case between the Province of San Juan and the Barrick mining company against the provisions of the Glaciers Law), in order to have a polycentric vision, since there are numerous rights affected.
  3. The solution can not only be limited to solving the past, but, and fundamentally, to promoting a solution focused on future sustainability, for which a decision is required that foresees the consequences of such a decision.
  4. The environment is not according to the National Constitution, an object intended for the exclusive service of man, appropriable according to their needs.
  5. Access to drinking water is a right that must be regulated under an eco-centric, or systemic legal paradigm, which not only takes into account private or state interests, but also those of the same system, according to the General Environmental Law ( 25,675).
  6. This vision regarding access to drinking water is relevant as the regulation that protects the glaciers, has as an objective to preserve them as strategic reserves of water resources for human consumption; for agriculture; for the recharge of water basins; for the protection of biodiversity.
  7. Based on these objectives, the Glaciers Law protects this resource from the harmful effects that certain extractive processes (mining) can have on the preservation and conservation of glaciers. Such protection is part of the provisions of the Paris Agreement on global warming.
  8. Faced with the provisions of the Law of Glaciers that aim to protect rights of collective incidence, judges must consider that natural and legal persons can certainly be holders of subjective property rights. More must also consider that this individual right must be harmonized with the rights of collective incidence to ensure that the exercise of lawful industry is sustainable.
  9. The Court concludes that the constitutionality trial of a possible injurious act derived from the glacier law -if a judicial cause is proven- should be analyzed in the context of the weighing of the various rights and property involved.
  10. Likewise, the Court warns that such weighting will not be possible until the National Executive Power complies with the obligation to draw up the national inventory of glaciers.

In short, the Supreme Court of Justice of the Nation, rejected the action of Barrick Gold and the province of San Juan on the grounds that there was no “judicial case” and did not resolve the substantive claim on the constitutionality or otherwise of the Law of Glaciers. However, in a blunt message, he left his position before an eventual proposal of similar characteristics: Glaciers law, protects a supraindividual environmental good, which, faced with a conflict against an individual right, must be weighted based on criteria of sustainability , Intergenerationality, biodiversity, under an eco-centric or systemic paradigm (not anthropocentric). Between the lines, the Glaciers Law … is constitutional.

  • More information:

Read the full ruling of the Supreme Court of Justice

  • Author:

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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We presented an amicus curiae in defense of the right to health and food in Colombia

With FIC Argentina, we presented an amicus before the Constitutional Court of Colombia within the process of guardianship established by the Colombian Corporation of Fathers and Mothers (Red Papaz) against the Superintendence of Industry and Commerce (SIC) and the National Institute of Drug Surveillance and Food (INVIMA), bringing legal arguments in defense of the right to health and balanced nutrition of children and adolescents (NNA).

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On January 21, Red Papaz requested the Constitutional Court of Colombia to review the decisions issued against it, in the framework of the actions filed against the SIC and INVIMA to review the accuracy of the advertising of HIT drinks of Postobon and Fruper of Alpina, considering that the procedures related to the protection of children and adolescents are not being prioritized.

The reported commercials contain deceptive and risky messages. Fruper of Alpina in its advertising highlights that the drink is ideal for children, with vitamins and minerals that contribute to their health and growth. Message contrary to reality, since, as researched by Red Papaz, it contains approximately ten times the level of sugar recommended by the Pan American Health Organization (PAHO). On the other hand, Hit of Postobón, emphasizes that its product comes from fruits, reason why to consume them is advisable for the health of the NNA. When in truth, it has a very small amount of fruit, for which reason, it is not possible to affirm that they are recommendable or ideal for children, or that they can be called as juices.

The deceptive advertising of unhealthy food products addressed to NNA that Red Papaz denounces, promotes the “obesogenic environment”, that is, an environment that promotes obesity in populations and responds to the role played by environmental factors (physical, economic, legislative and sociocultural) both in nutrition and in physical activity. The influence of the environment on food and physical activity is essential. Practices, knowledge and beliefs and socio-economic and geographical differences affect habits.

Hence, we made a presentation approaching the court grounds that seek to prove that the absence of complete, clear and accurate responses by the SIC and INVIMA, in the face of the denouncement of misleading advertising, mean a violation of human rights obligations to health, information and a balanced diet, especially of children and adolescents. While the Colombian state fails to comply with the recommendations of monitoring bodies of the Human Rights Treaties, ratified by the latter, on how to deal with the epidemic of obesity and chronic noncommunicable diseases (NCDs). At the same time they weaken the possibilities of responding to a global epidemic of malnutrition and obesity.

Finally, scientific evidence was presented regarding the positive impacts of this type of policies that promote the restriction of advertising and marketing of unhealthy foods, among a set of policies that, when implemented correctly, are effective in generating healthy environments and preventing development of obesity and malnutrition.

We made the presentation convinced and convinced that a favorable resolution in this regard, attentive to the great impact both globally and regionally that these judicial processes have, would generate a valuable jurisdictional precedent on the important theme of healthy eating.

Author

Laura Alesso

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org