This document proposes a descriptive and evaluative analysis of the implementation of the Gender Policy in the Inter-American Development Bank (IDB) and its main objective is to investigate such implementation based on the weaknesses and strengths identified in the Bank’s gender policy. , in order to continue making progress in incorporating elements and tools that guarantee women’s rights and diversity.
We received a response from the Public Defender’s Office regarding the claims of symbolic and media violence carried out on the Los Angeles de la Mañana program on Channel 13 and the journalist Fabiana Dal Prá on the central noon newscast on Channel 12 in Córdoba.
“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”.
Chimentos format and forced exposure
In the program Los Ángeles de la Mañana on Channel 13 on July 23, journalist Yanina Latorre told on the air that Karina Jelinek “does not whitewash her partner”, and that “she lives as a couple, with a very pretty girl” “They live together and are cuddly”, to which he added many other expressions referring to his private life. Later, a female worker claimed that Karina did not want to talk about her relationships and that she had declared that she was alone.
This type of “gossip” and content are very frequent on television, where the high exposure of famous women always leads to their private life and sexuality being exposed. However, an analysis of the case was requested by the Public Defender’s Office since it concerns the sexual orientation of a person who did not want to be exposed.
Faced with this claim, the Ombudsman’s Office responded by justifying and endorsing the dynamics that occurred in the program, through the argument that the reading and interpretation framework in which news related to the private life of public persons are presented responds to the magazine genre of shows. In the programs of this format, according to the Ombudsman’s Office, color “chimentos” are presented, firsts of the public and private life of entertainment figures, alluding, many times, to the fact that the media do not want data about them to be mediated . That is to say, the negative position of the figures works as the trigger for a chain of situations that transcend the broadcast, expanding on the rest of the television programs related to the genre: someone announces a scoop, the famous referrer gets angry in that or another program and interviews are carried out, among other variants provided by the format.
In this framework, the Directorate understands that the information offered by the panelist [Yanina Latorre] as a scoop, integrates the expected repertoire of possibilities that the program format enables ”.
Following this, the agency affirms that the program does not identify comments of a burlesque or discriminatory tone regarding Jelinek’s sexual orientation, but quite the opposite: “Likewise, it is observed that the comments and evaluations expressed are inserted in a framework of respectful communication of gender and sexual diversity and this approach is fostered throughout the development of the topic and by the host and all the panelists. Similarly, the dissemination of positive expressions and evaluations on the subject abounds, which contributes to questioning and de-constructing binary and stereotyped conceptions about affective relationships and a respectful visibility of diversity. “
Based on these arguments, the Ombudsman’s Office considers that the situation described does not enable an intervention in terms of violation of rights.
However, we understand that the institution must advance in deeper analyzes regarding the consent that is taken for granted about the exposure of the lives of public figures, as well as the objectification and fetishization of feminities and their sexual orientations.
The gossip format, like humor, seems to be a gray space where certain speeches are enabled that can be offensive and even violent, particularly towards the lives of LGTBIQA + people.
Without ignoring the importance of protecting the privacy of all people, it is necessary to recognize that it is not the same to speak and expose the sex-affective bonds between people who adhere to the heteronorm than those who do not, precisely because of the implications they have for their lives that pass in a heterocispatriarchal world.
In turn, the comments of the panelists involve the objectification of two women and their sexual orientation, which is evident in the comments of the panelist Yanina Latorre: “I love it”, “they tell me that it is a couple . It’s great. All good ”,“ well, we are glad ”,“ not bad. It gives me divine joy. They are both beautiful ”,“ you know I was looking at her to see what it would be like to be with her, I tell you she has divine tits ”.
Finally, why assume the supposed consent of public and media people to be exposed in all areas of their life? We are concerned about the interpretive framework used by the Ombudsman’s Office since it legitimizes the logic of these magazines, which imply a denial of the consent of public figures, which ignores what Jelinek said about not wanting to talk about his private life and which may have particularly violent implications when refer to your sexual orientation.
The Ombudsman’s Office in the media approach to cases of physical and sexual violence
Let us remember the interview conducted by the journalist Fabiana Dal Prá with a rape victim. “Do you blame yourself for something?” Dal Prá asks after Dahyana, the young woman from Cordoba who was sexually attacked in Barrio Ampliación Las Palmas, recounted her painful experience.
The claim presented to the Ombudsman’s Office was responded favorably by the agency: “This approach proposes a risky interpretative framework for the facts, since by insinuating the possible guilt of the victim (even under a discursive modality of interrogation and not of explicit affirmation) it promotes the legitimation and naturalization of the acts of violence suffered ”. At the same time, it highlights the need and responsibility of those who communicate, to dismantle and eradicate violent coverage that reproduces “the guilty and naturalizing senses that those who exercise violence often express as reasons for the causality of the facts. It is important that those who communicate emphasize that all the reasons and the responsibility lies with the person who carries out the violence ”.
At the same time, the analysis of the institution revealed inconveniences at the time of safeguarding the identity of the person in a situation of violence and the absence of a badge with the 144 telephone line for assistance to victims of gender violence.
In this case, the Ombudsman’s Office recognizes that the situation presented corresponds to a case of symbolic and media violence, for which it proceeded to communicate the claim to Channel 12 and made itself available to dialogue with the channel in order to “enrich, from a rights perspective, future approaches of the station. “
The importance of the Public Defender’s Office for the eradication of gender violence
In May of this year, Miriam Lewin was appointed as Public Defender of Audiovisual Communication Services, after years of weakness and institutional weakness. This appointment has meant the strengthening not only of the Public Defender’s Office, but also an advance in the recognition of the rights of audiences as well as a renewed impetus in the fight against media and symbolic violence.
The responses received by the Ombudsman’s Office to the claims presented, in which the procedure for receiving, analyzing and returning them is clarified and made visible, indicates an important activation of the institution in pursuit of the defense of our rights.
Based on these claims, we celebrate the responses and actions of the Public Defender’s Office and, in turn, we require that progress be made in deeper and more enlightening interpretations of cases of symbolic and media violence.
More information
- Blame it on the media | Fundeps – July, 2020
- The show of violence | Fundeps – September, 2015
- Available?: Report to Arriba Córdoba on Channel 12 for media violence | Fundeps – September, 2018
- The Morning Show again incurred media violence | Fundeps – January, 2019
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
After the lack of response to the claims made in 2019, we once again filed complaints with the Ministry of Health of the Nation, ANMAT and Defense of Consumers due to the illicit advertising of electronic cigarettes, carried out by the company Mig Vapor LLC in videos of musical artists broadcast through Youtube Argentina.
“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 November 30, we filed a new claim with the Ministry of Health of the Nation for the illicit advertising deployed by the company Mig Vapor LLC in music video clips broadcast by the YouTube Argentina platform. The advertising contained in said videos consists of repeatedly showing artists consuming electronic cigarettes, constantly displaying the brand’s name in easily visible places, as well as providing a link in the description of the song that redirects to the brand’s website, where its products can be purchased without any type of control or impediment.
Since the Ministry of Health is the authority in charge of ensuring effective compliance with National Law No. 26,687 on Tobacco Control, we ask you to order YouTube, based on its status as an intermediary, to eliminate said audiovisual content produced in National territory. In addition, we ask that the links found in the description of the reported videos be removed and that redirect to the Mig Vapor LLC website. This claim consisted of a reiteration of the complaint made on October 2, 2019, due to the total lack of response from said body.
Likewise, on September 17, we presented an early dispatch to the National Administration of Medicines, Food and Medical Technology (ANMAT), because this entity has expressly prohibited the advertising of electronic cigarettes in Argentina. However, we still do not get a timely response.
Finally, and in order to exhaust the various possibilities of claim granted by the Argentine legal system, we file a complaint with the Defense of Consumers. The action deployed by Mig Vapor LLC is part of a case of covert advertising, which due to its characteristics violates the rights of consumers, including to receive adequate and truthful information, to be treated with dignity and to adequately protect their Health. To this end, innumerable bureaucratic obstacles had to be overcome that reveal the serious difficulties in access to justice, not only for Civil Society Organizations, but also for Argentine citizens.
Through our complaint, we demand that the Defense of Consumers be the one who reliably notify Youtube Argentina to arbitrate the necessary means to control that the content that is reproduced through its platform, respects the tweet rules of the people consumers, the rights of children and adolescents, as well as the entire existing Argentine regulatory framework on tobacco control.
Currently, the tobacco industry continues to deploy its marketing strategy and, together with influencers, social networks are the showcase they use to circumvent the legal regulations of our country, and thus achieve their main objective, which is to promote and advertise their products, mainly, in children and adolescents. That is why we consider it necessary that both the State and the social network companies take measures that, in an effective way, allow to protect the rights of the youngest, as well as to put a stop to the predatory practices of commercialization of the tobacco industry.
Links to music videos:
- Chambea” – Bad Bunny
- “MotorSport” – Migos, Nicki Minaj, Cardi B
- “Krippy Kush” – Farruko, Nicki Minaj, Bad Bunny ft. Travis Scott, Rvssian
- “Solita” – Ozuna, Bad Bunny, Wisin, Almighty, DJ Luian, Mambo Kingz
- “Dos Corazones” – J Mena
- “Quién empezó” – J Mena ft. Cazzu
More information
Authors
Maga Merlo Vijarra
Laura Alesso
Contact
Agustina Mozzoni, agustinamozzoni@fundeps.org
Due to the fires that occurred throughout the territory of the Province of Córdoba during this year, we asked the Provincial Ombudsman’s Office and the Ombudsman’s Office for Girls, Boys and Adolescents to intervene in order to urge compliance with the duties that weigh at the head of the provincial authorities.
“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 catastrophic fires that occurred in Córdoba during this year involved serious damage to local forest ecosystems, affecting an area of 350,000 hectares. These consequences not only had a full impact on the meager area of remaining native forest in the provincial territory, but also seriously affected fundamental rights. In particular, of those people or groups who are in a marked situation of vulnerability or who maintain a close relationship with native forests for one reason or another. In addition, they affected a serious mitigation component to the climate change phenomenon, the native forest.
The scope and magnitude of the fire undoubtedly revealed certain deficiencies in the fire management system by the authorities. The ordinance foresees specific duties in matters of prevention, budgeting, mitigation and restoration, which seek to avoid or at least mitigate these types of phenomena in the magnitude and manner in which they occurred, even more so if it is considered that the territory presented a high risk of fires due to severe drought and weather conditions.
Although the arrival of the summer rains alleviated the fire, the truth is that the future situation is still critical. The province currently has a tiny percentage of native forest, with a high risk of fire due to factors such as drought and other phenomena (intentional fires). For this reason, unfulfilled duties must be taken “seriously” and completed in order to avoid catastrophes such as those experienced. On the other hand, it is essential to comply with the duty to investigate, punish and restore the affected areas in a responsible way, guaranteeing citizen participation in plans and access to information for proper management.
Likewise, it is a priority that the citizenship and the State carry out inspection and control tasks of the affected areas, to avoid authorizations in the changes of land use or of protected categories, as ordered by Laws 26,815 of Management of Fire and 26,331 of Native Forests.
To guarantee compliance with these duties, we ask the Córdoba Ombudsman’s Office and the Office of the Ombudsman for Girls, Boys and Adolescents, to intervene within the scope of their respective competencies. We believe that both institutions play a fundamental role in guaranteeing and demanding respect for the fundamental rights of those who inhabit the soil of Cordoba.
Contact
Juan Bautista López, juanbautistalopez@fundeps.org
On November 30, the Legislature of the Province of La Pampa approved by majority the so-called “Comprehensive Pesticide Management Law” No. 3288, at the proposal of the Provincial Executive Power. This initiative is part of the attention through public policies of situations of social conflict, such as the application of agrochemicals so present in our province.
“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 regulations, applicable to the entire provincial territory, establishes protection zones, setting distances for agrochemical applications (pesticides according to the law) of 500 meters for land applications (environmental protection zone) and 3,000 meters for applications areas. Likewise, it provides for the prohibition of application on any establishment located in rural areas.
It should be noted that the new regulation establishes one of the greatest protective distances for aerial application, doubling that in force in the province of Córdoba. These are consistent with jurisprudential trends based mainly on the application of the so-called precautionary principle.
It should be noted that the new regulation establishes one of the greatest protective distances for aerial application, doubling that in force in the province of Córdoba. The rules of the Pampean law are consistent with jurisprudential trends based mainly on the application of the so-called precautionary principle.
Likewise, the Law provides for a complete comprehensive management regime for agrochemicals, since it implements a unique traceability system. This allows the “tracing” of the product in the production, marketing, use and application phases, including the differentiated management of the resulting empty containers.
The objectives that guide the system are based mainly on the preservation of human health, on guaranteeing food quality, preventing environmental impacts, as well as contributing to the responsible and sustainable development of agricultural activity.
A relevant point of the law consists in the creation of an interdisciplinary Council, made up of the portfolio of environment, health, university and research institutions, as well as specific technical institutions and councils.
The application of agrochemicals constitutes one of the main causes of social conflict, which calls for adequate regulation that guarantees the fundamental rights of those who, for one reason or another, are affected on a daily basis. We celebrate that the provinces advance, through their regulatory systems and public management, in the fulfillment of the constitutional mandate to guarantee fundamental rights such as the environment and health of the population.
Contacto
Juan Bautista Lopez, juanbautistalopez@fundeps.org
On December 15, the new IDB Invest Environmental and Social Sustainability Policy will take effect. Civil Society Organizations in the region issued a Public Declaration warning about the weaknesses that the new Policy presents.
“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 April 10, IDB Invest approved the new Environmental and Social Sustainability Policy that takes effect tomorrow, December 15. After the process of face-to-face and virtual public consultations that the Bank carried out last year in which civil society organizations, peasant communities, indigenous peoples, and Afro-descendant peoples participated, at the end of May the new policy of the private arm of the IDB Group was presented.
Despite the participation, through the sending of comments, of interested parties in the period of face-to-face and virtual public consultations, in the new Policy there is little or even no incorporation of issues considered relevant. For this reason, and in the face of the weaknesses and limitations that the new Environmental and Social Sustainability Policy presents, the CSOs of the region issued a Public Declaration warning about the precariousness of the policy, the consequences that it would bring to the countries of the region and the setback it means compared to the previous Policy.
Among the main points that we highlight in the Declaration on the limitations of the new Policy are, firstly, the direct adoption of the Environmental and Social Performance Standards of the International Finance Corporation -CFI- dating from 2012, not including changes or adaptations to new realities, making them obsolete in the current context of environmental and social challenges faced by Latin America and the Caribbean.
Another important limitation is the absence of subsidiary and joint liability on the part of IDB Invest regarding the actions of the actors over whom it has influence, that is, it is detached from institutional responsibility in the face of the possible negative impacts that the activities it finances may cause where the responsibility will fall solely on the client. This means the weakening of environmental and social protections created in order to avoid the adverse impacts caused by the projects. Along these lines, IDB Invest omits its duty to “enforce”, which means that it reserves the right to decide in which cases it will apply corrective measures and in which not.
In addition, the Public Declaration highlights the vagueness and ambiguity of the language used in the new Policy since it favors the Bank to act according to what it deems pertinent as well as increases the risk of non-compliance by customers.
Finally, one of the most alarming points are the gaps in the commitments regarding the environment and the social. Regarding the environment, the commitment to mitigation is fragile since there are no express restrictions on greenhouse gas emissions -GEI-, just to mention one case. With regard to social matters, although the policy makes clear its commitment to promote good international practices, in matters such as Human Rights, Retaliation, Gender Risk Management and Equality, as well as Participation of Interested Parties and Disclosure of Information , a superficial and weak commitment is evident when addressing them. For example, in relation to human rights, essential rights such as economic, social and cultural rights or the right to a pollution-free environment are not mentioned.
Then, regarding stakeholder participation, no commitment is made to ensure timely, meaningful and culturally appropriate participation. The Policy undertakes to establish a system for receiving and monitoring complaints of retaliation, it does not detail a procedure to resolve them, nor does it follow the recommendations of the specialized guide prepared by the MICI for the management of retaliation and protection of environmental defenders and activists.
Finally, in gender risk management and equality, the Policy does incorporate the promotion of good practices but excludes the IDB Group’s Operational Policy on Gender Equality in Development, a significant setback that will increase inequality and risks for women. women and LGBTQ + people.
Among many other issues that are addressed in the Public Statement, it is extremely necessary for IDB Invest to be relentless in demanding compliance with environmental, social and transparency standards from its clients if it is truly to promote sustainable growth, reduce poverty. and the inequality of the region. With the current pandemic context and looking at the post-pandemic situation, IDB Invest cannot be flexible in the procedures of social and environmental evaluation and due diligence in the approvals of financing operations since this is the only way to achieve sustainable development and reduce the environmental and social crisis in which Latin America and the Caribbean finds itself.
More information
- Public Statement: Civil Society Organizations warn of weaknesses in the new Environmental and Social Sustainability Policy of IDB Invest
- We participate in the review of the socio-environmental sustainability policy of the IDB Invest – Fundeps
- Recommendations and Comments on the draft of the IDB Invest’s Environmental and Social Sustainability Policy – Fundeps
- Observations on IDB Invest’s Environmental and Social Sustainability Policy draft from a gender-sensitive perspective – Fundeps
Author
Sofia Brocanelli
Contact
Gonzalo Roza, gon.roza@fundeps.org
This document analyzes the operation of the Inter-American Development Bank mechanism: Independent Consultation and Investigation Mechanism -MICI-. For this, not only the MICI policy is taken into account, but also the number of cases submitted to the mechanism, how many have been registered and considered eligible and how many have not, why they have not been considered, the countries with the most complaints, the reasons why complaints have been rejected, among other parameters. All this with the objective of observing how clear and precise the MICI Policy is for the communities affected by the projects financed by the IDB and IDB Invest.
Después de 20 horas de sesión, con 131 votos a favor, 117 votos en contra y 6 abstenciones, la Cámara de Diputados dio media sanción a la ley de Interrupción Voluntaria del Embarazo. Esta semana inicia el tratamiento el Senado, con reuniones de comisiones y un nuevo dictamen que será votado el 29 de diciembre.
“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 Friday morning, after long hours of presentations by deputies and deputies, the vote on the IVE law was held, resulting in its half-sanction. While thousands of activists accompanied the discussion, from their homes or in public spaces in the vigils organized by the National Campaign for Legal, Safe and Free Abortion, the venue was once again filled with speeches for and against. Much of what we heard had already been said in the legislative treatment of 2018. It is that the scenario has not changed: the clandestinity of the practice poses a danger to life for pregnant people, and the possibilities of accessing it in conditions of legality and security are a matter of public health, social justice and human rights.
Deputy Gabriela Cerruti was in charge of making the closing speech of the majority opinion. Her words explain in a very simple way the sexual division of labor, and how women have historically been burdened with the responsibilities associated with reproduction and care. “It is not news that this world is unfair. […] We women know it perfectly, because for centuries they forced us to give birth to send our children to war. For centuries they forced us to give birth to exploit our kids in factories. […]. What we have come to ask you today is: stop making women’s bodies the territory of dispute of what the economy and politics cannot solve. The world is indeed unfair, but the answer is not in our womb. On the contrary: the world is unfair because it was built 500 years ago on a system based on the exploitation of women and nature. And we are the first to put ourselves in front of the battles that have to be fought to change that worldview of the world and so that the world is effectively for everyone, and so that we can live in a world in harmony, in a world better, in a world where we can all exercise our desire and our decision. “
At the end of the speech, he gave rise to an interpellation about the next discussions that should take place in our society: the distribution of care. “Care policies have to be part of State policies and they have to be part of our discussions because we have been the cheap labor that sustained this system in the last century. They would not have built their businesses, their fortunes, or their factories if we had not been in the houses taking care of the children, the parents and the husbands. We did it for centuries and we don’t want to do it anymore, or we want to do it when we decide to. Because choosing is not only choosing whether to be pregnant or not, choosing is choosing the life project, it is choosing at all times what we want to do ”.
How did the deputies vote according to their gender?
Voting results can be analyzed from several perspectives: by province, by party or political alliance, and by gender.
We are interested in specifying the latter. Of the total of 109 female deputies, 62 voted in favor, 45 against and 2 abstained. Of the total of 147 deputies, 72 voted against, 69 in favor, 4 abstained and 2 were absent. In other words, in proportion to the integration of the Chamber, it was the female vote that marked the trend in favor.
Este dato es importante para reforzar la importancia de la paridad de género en el Congreso. Las elecciones del 2019 fueron de estreno para la ley 27412 de paridad de género en ámbitos de representación política, y dieron como resultado un 10,3% de aumento en la proporción de mujeres que integran la Cámara. Y si comparamos el voto femenino de la votación de la ley de IVE de 2018 con el de 2020, el incremento es de casi un 20%.
All these data can be read in this report published by the Undersecretariat for Parliamentary Affairs of the Head of the Cabinet of Ministers of the Nation.
How is the opinion that was approved?
The approved bill is based on the one presented by the Executive Power, with the modifications introduced by the plenary of the committees prior to voting.
It is a law that establishes the right of women and people with other gender identities with the ability to gestate to decide to terminate pregnancy, request and access abortion care, and receive post-abortion care in the services of the health system.
Free access is planned until week 14 of gestation. Outside this period, access will only be possible in the event of rape or if the life or integral health of the pregnant person is in danger (that is, the causes that are already recognized in our legal system through article 86 of the Penal Code , with the interpretation made by the Supreme Court in the FAL ruling).
The term for access to the practice is 10 calendar days from its request, and the informed consent of the pregnant person expressed in writing is requested.
In cases of minors and people with disabilities or restricted capacity, referrals to the Civil and Commercial Code are provided to resolve whether they have the capacity to give consent and under what conditions they can do so.
Regarding conscientious objection, individual-type objection is allowed, and it is also indicated that those private health centers or social security centers that do not have professionals to carry out an abortion due to conscientious objection must foresee and order the Referral to a place, with similar characteristics, where the provision is actually made. On these points of the project we develop more in this note.
However, health personnel may not refuse to carry out the practice in the event that the life or health of the pregnant person is in danger and requires immediate and urgent care. Nor can conscientious objection be alleged to refuse to provide postabortion health care.
In addition, it strengthens the State’s responsibility to implement the Comprehensive Sexual Education law, and to establish active policies for the promotion and strengthening of sexual and reproductive health for the entire population.
What are the next steps in the Senate?
This Monday it is expected that the treatment of the project will begin in the Senate, with the presentation of members of the Executive Power before the plenary of the Justice, Health and Women’s Banking commissions. Tuesday and Wednesday will be dedicated to receiving specialists nominated by senators and senators. On Thursday, it is expected that there will be a discussion between members of the commissions to pass the opinion to signature, with the expectation of taking it to the site on December 29.
In this second instance of legislative discussion we reinforce our request for a respectful debate with arguments, and we hope that the voluntary interruption of pregnancy will be law before the end of the year.
Contacto
Mayca Balaguer, maycabalaguer@fundeps.org
After the plenary meeting of the General Legislation, Criminal Legislation, Social Action and Public Health, and Women and Diversity commissions, an agreement was finally reached on the bill for the Voluntary Interruption of Pregnancy that will be voted on tomorrow at the venue. of the Chamber of Deputies. What modifications does it have with respect to the project that the Executive Power had presented in November? What can we expect from today’s session? We tell you here.
“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”.
As planned in the legislative agenda, this Wednesday, December 9, the committee meeting was held to rule on the IVE bill. With 77 votes in favor, 30 rejection and 4 abstentions, an agreement was reached on the text of the project. The same thing had happened hours before in the plenary session of the Budget and Social Action and Public Health committees, which had discussed the First 1000 Days bill. Both projects will be discussed at the venue this Thursday, December 10.
What is the agenda for the day?
The call for the session was set at 11 in the morning, and the order of treatment of the projects will be first that of IVE and then that of Attention and comprehensive health care during pregnancy and early childhood, known as the program of the First 1000 days.
Throughout the day, the Campaign for Legal, Safe and Free Abortion called to accompany the vote in public spaces throughout the country. In Buenos Aires, the vigil will begin at 10 am in the vicinity of Congress, with activities throughout the day and until the law is voted. In Córdoba, the call is in the former Plaza Vélez Sarsfield from 6:00 p.m. As the right to abortion is a matter of public health, and taking care of ourselves as well, we reinforce the recommendations to participate in the vigil:
- We wear a nose mask at all times.
- We wash our hands with alcohol gel.
- We keep the distance of 2 meters.
- We take care of the sun with sunscreen, light clothing and a hat.
- We bring fresh water to stay hydrated.
- We do not respond to anti-rights provocations and we try to always be accompanied and attentive.
As the two bills will be discussed, the session is expected to last several hours. On IVE, a total of 170 deputies would speak, so the vote on the law would be in the early morning hours.
What does the opinion say? What modifications do you propose?
A few weeks ago we published this analysis with a systematization of the bills that would serve as the basis for this debate: the one presented by the Executive Power in November and the one presented by the Campaign in 2019, contrasting with the opinion approved by the Chamber of Deputies in 2018.
Yesterday a new opinion was approved, which foresees some modifications in the project presented by the Executive Power. What are they about?
In Art. 8, which regulates cases where the person requiring the practice is a minor, now a reference is made directly to art. 26 of the CCyC. Before the amendment, it was specified that those between 13 and 16 years of age have sufficient aptitude and maturity to decide on the practice and give due consent, unless a procedure that involves a serious risk to their health or life must be used. The reference to the applicable legal framework for these cases is maintained, as proposed by the Convention on the Rights of the Child and Law No. 26.061 on the Comprehensive Protection of Boys, Girls and Adolescents, which always provides that their best interests are protected and their rights guaranteed. to be heard.
On the other hand, the new Art. 11 is added, which indicates:
CONSCIOUS OBJECTION. OBLIGATIONS OF HEALTH ESTABLISHMENTS. Those health effectors of the Private Subsector or Social Security that do not have professionals to carry out the interruption of pregnancy due to the exercise of the right to conscientious objection in accordance with the previous article, must foresee and order the referral to an effector actually perform the service and that it is of similar characteristics to the person requesting the benefit consulted. In all cases, the practice must be guaranteed in accordance with the provisions of this law. The procedures and costs associated with the referral and the transfer of the patient will be the responsibility of the effector who performs the referral. All referrals contemplated in this article must be billed according to the coverage in favor of the effector performing the practice.
This new article provides a solution for the cases of private health or social security institutions where there is no non-objector professional, indicating that they must arrange the referral to another institution that does carry out the practice, guaranteeing that it is done in accordance with the law , and taking charge of all the procedures and costs associated with the referral and transfer.
At the same time, the wording of Article 10 is maintained, which recognizes the right to conscientious objection, with some limitations, such as that whoever objects must uphold their decision in all areas, public and private, in which they exercise their profession; She must also refer the patient in good faith to be attended by another professional in a temporary and timely manner, without delay; You must adopt all the necessary measures to guarantee access to the practice and finally you must comply with the rest of your professional duties and legal obligations.
It is also prohibited for cases in which the life or health of the pregnant person is in danger and requires immediate and urgent attention, and for cases that require post-abortion health care. This article also provides that non-compliance may give rise to disciplinary, administrative, criminal and civil sanctions, as appropriate.
However, this wording does not contemplate limitations that did arise in the opinion of the Deputies of 2018, such as that the objection had to be previously expressed individually and in writing, and communicated to the highest authority of the health establishment.
Another important point of that opinion is that it obliged the health establishments to keep a record of the professional objectors, having to inform the health authority of their jurisdiction, and explicitly prohibited institutional conscientious objection and / or ideology.
What does the inclusion of articles that admit the assumption of individual conscientious objection, and assumptions of institutions where there is no non-objector professional, mean?
We know that conscientious objection is a legal institute used to obstruct or delay access to sexual and (non) reproductive health services, as we have seen in cases of contraception and legal interruption of pregnancy. Recognizing it within the law, with the legal status of “right”, does nothing other than enable non-compliance with the law itself, seriously jeopardizing its effectiveness.
Conscientious objection is a legal institute that allows certain persons to be exempted from complying with a legal obligation, in cases where the action ordered by the norms contradicts their deepest religious, ethical or moral convictions; provided that this does not cause harm to third parties.
We understand that the incorporation of individual conscientious objection for direct intervention in the practice of IVE is based on respect for this freedom of conscience or religion, as long as it is exceptionally allowed and with all the limits mentioned. But recognizing the claim of private institutions to exempt themselves from the provision of pregnancy termination services is unthinkable. We fear that this may happen in the event that all the health professionals of an institution declare themselves as objectors. Even if it is not the institution that denies the service, if all its professionals are objectors, it becomes a disguised institutional conscientious objection.
A solution of this type violates the freedom and right to health of patients, and increases costs and problems for the public health system, which will be burdened by having to resolve the situations that the private subsystem derives. We are also concerned that as a consequence of this recognition, the situation in Uruguay will be repeated, where high levels of objection are identified, and there are even jurisdictions with 100% professional objectors. This exacerbates the difficulties that affect rural areas or areas far from large cities, where access to health services is more limited and there are fewer public institutions.
The private institutions that provide health services perform essential public functions: the provision of health services to the population. The fact that these functions are carried out for profit and through a private contract does not detract from the nature of the service. Therefore, the social function that these private companies fulfill is different from that of others that are not committed to guaranteeing people’s fundamental rights. In this sense, the social and legal requirement that is made to companies or entities that provide health services is much greater. Not only should they guarantee non-discrimination in access to services, but they are also subject to greater control and surveillance by the State.
In this sense, admitting that an entire institution can be exempted from the provision of IVE services is unjustified and would disproportionately put at risk the access to health of the people associated with them.
In any case, the opinion obliges these establishments to guarantee the referral, in a place with similar characteristics to the one that the person requesting the benefit consulted, where the practice must be guaranteed in accordance with the law. Then it indicates that the procedures and costs associated with the referral and transfer will be the responsibility of the institution that referred, providing that it will always be invoiced in favor of the effector who actually performs the practice.
It will be law
Despite these controversial points, we welcome the approval of the majority opinion and await treatment in both Houses before the end of the year. We recognize that reaching this instance was the result of the struggles of the human rights movement that has been promoting this law for so many years.
The National Congress now has the duty to give the legislative discussion with responsibility that a public health problem of this magnitude deserves, in this new opportunity to enact the law and mark progress in the protection of the rights of women and individuals. pregnant women in our country.
We hope that those who legislate put aside their personal convictions and private morals when tackling this project. They are legislating on our future, on our health and on our lives. We demand that you do so responsibly, supporting this bill with your positive vote, because it is a bill that expands rights and saves lives.
This afternoon, we go for the half penalty. And before the end of 2020, for the conquest of the right to legal, safe and free abortion.
This document proposes a descriptive and evaluative analysis of the recently published (2020) “Gender Risk Assessment Tool” (HERG) of the IDB Invest, which is a gender plan for companies to evaluate the impact of their projects on gender issues and structure prevention processes.
On December 1, we filed an amparo action for delay of the Secretary of Environment of the Province of Córdoba in providing environmental public information. Through this action we ask the courts to require the Province to fulfill its duty to provide the requested information.
“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”.
During the months of October and November, we asked the Ministry of the Environment and Climate Change of the Province for public information related to the policies and actions implemented by the Provincial State regarding prevention, mitigation and adaptation measures to the phenomenon. In the absence of a response within the term provided by current provincial regulations, we again request the prompt dispatch of the administration.
In the absence of a specific response, and when the deadlines have expired, we filed an action for protection for default. This consists in informing the Provincial Courts of the delay in complying with the deadlines ordered by law to answer the request, so that later the judicial body requires the authority in question to fulfill its duty.
It should be remembered that the right of access to information is guaranteed in the Argentine regulatory system and is recognized in Principle 10 of the Declaration of Rio de Janeiro of 1994, the Escazú Agreement ratified by National Law No. 27,566, in art . 41 of the National Constitution, as well as Laws 25,831 on Access to Public Environmental Information and 25,675 General on the Environment. This right is a fundamental presupposition proper to democratic coexistence and is necessary for proper environmental management.
In fulfilling their obligations, the authorities must provide such information, without it being necessary to prove interest or any reason, free of charge and within the prescribed deadlines. In the event of non-compliance, the action for protection by default is outlined as the way to guarantee the enjoyment of such a fundamental right.
Contact
Juan Bautista Lopez, juanbautistalopez@fundeps.org
This document analyzes those issues that have been incorporated and the aspects that have not been incorporated and / or modified from the public consultation process carried out by the IDB. In particular, it emphasizes the need to guarantee the rights of girls, adolescents, women and LGBTTTQ + people so that the human rights of all people are effectively respected and guaranteed (Only spanish)