,

Abortion is law: New judicial defeat for the anti-rights sectors

This Thursday the Superior Court of Justice of Córdoba rejected the appeals that sought to suspend Law 27,610 on Voluntary Interruption of Pregnancy in our province through a precautionary measure. In this way, it confirms that the regulations continue to be in full force throughout the 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”

With a large majority, the members emphasized the presumption of legitimacy that the law has because it is an act of public power, affirming that it is the link of a policy “in matters of public health.” In short, the Supreme Court held that the validity of a law cannot be suspended by means of a precautionary measure with general scope without damaging the principle of division of powers, as requested by the plaintiff.

In this sense, they emphasized that “the Judicial Power lacks constitutional powers” to review “in the abstract or to interfere” in the legislative policy decisions adopted by “Congress, the quintessential representative of the popular will.” They also highlighted that this law is the result of a democratic debate and has broad social support.

The legalization of abortion brought greater autonomy and freedom in our decisions. Law 27,610 makes the entire judicial and health system adapt to the rights that we managed to conquer and to which the Argentine state was bound both domestically and internationally.

We are facing a new conquest of feminisms. In alliance, we continue working so that all women and people with the ability to carry a child have legal, safe and free access to the voluntary interruption of pregnancy.

DOWNLOAD THE STATEMENT

Clínica de Litigio de Interés Público Córdoba

Católicas por el Derecho a Decidir

Fundeps

,

Mapping of training needs of the Popular, Feminist, Social and Solidarity Economy.

Together with the Provincial University of Córdoba (UPC), we began a mapping of training needs of organizations of the Popular, Feminist, Social and Solidarity Economy of the province. The results will be reflected in training proposals adjusted to the requirements of these spaces.

“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 order to collect the most relevant and common problems that arise when sustaining these organizations, this survey will result in the design and delivery of training proposals that arise from their own needs.

We bet on the collective construction of knowledge and we value the situated proposals that are significant for organizations that build and sustain the local economy, from alternatives to the logics of looting and capital accumulation.

Therefore, if you are part of or know of any of these organizations, we invite you to complete and / or share the form. So that we can develop a relevant, meaningful and coherent training proposal with your needs.

ACCESS THE FORM

Contact

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

,

National Cycle of Training in Legal and Voluntary Interruption of Pregnancy

Focusing mainly on students, professionals and workers in the health field, Fundeps, Ecos and Andhes launch a cycle of virtual meetings where different aspects related to the voluntary and legal interruption of pregnancy will be addressed, from a comprehensive and interdisciplinary.

Through 4 free webinars of national scope, work will be done on protocols, legal framework, safe techniques, ways of monitoring situations and other tools to take into account regarding Law 27,610.

The first meeting will be on August 27 at 6:00 p.m. It will focus on conditions and standards of application of IVE / ILE, conscientious objection and responsibility of health professionals and will have the participation of Marisa Herrera, Doctor in Law from the University of Buenos Aires, CONICET researcher and teacher .

The second meeting, to be held on September 10 at 6:00 p.m., will focus on the comprehensive approach and safe abortion techniques. It will have as exhibitors Dras. Mariana Romero and Nadya Scherbovsky. Mariana is a doctor, a researcher at CEDES / CONICET, she is a member of the Safe Abortion Access Network and technically assists health teams in the implementation of services. Nadya, for her part, is a general and family doctor, and a member of the Córdoba Integral Health Clinic, the ECOS Foundation and the Network of Health Professionals for the Right to Decide.

Then, on October 4, the third meeting will take place, and it will be attended by Luis Pedernera, a member of the United Nations Committee on the Rights of the Child. This meeting will be focused on analyzing access to the Legal and Voluntary Interruption of Pregnancy in girls and adolescents.

Finally, the last meeting on October 15 will take place with a workshop dynamic, where cases will be addressed that allow participants to analyze practical situations to be able to carry out accompaniments from a rights perspective.

Registration is free and free through this form, and you can participate in the full cycle or in each meeting separately.

SIGN UP

,

Legal abortion is still in force in Córdoba

This Wednesday, an opinion signed by Juan Manuel Delgado, Attorney General of Córdoba, was published in the press within the framework of the judicial case promoted by former legislator Aurelio García Elorrio that seeks to suspend in the provincial territory the effective implementation of Law 27,610 of Voluntary termination of pregnancy.

“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 opinion arises in the framework of the appeal that García Elorrio presented after the Administrative Litigation Chamber rejected the precautionary measure requested in the amparo that seeks to suspend Law 27,610 in Córdoba. To resolve, the Superior Court of Justice (TSJ) must notify all parties and also the Attorney General in order to issue an opinion on the matter, but it is in no way binding and may even be rejected.

It is not less than the letter has also been signed by the deputy prosecutor Pablo Bustos Fierro, with the explicit intention of avoiding that at the time of ruling, it is still pending to resolve its separation requested by the intervening associations. It is also worrying that the resolution is public before being available for the view of those who intervene in the judicial case. The TSJ has not yet issued on the matter, that is to say that the opinion was presented irregularly without being resolved the recusal of the prosecutor.

From Catholics for the Right to Decide (CDD), Foundation for the Development of Sustainable Policies (Fundeps) and Legal Clinic of Public Interest Córdoba (CLIP) we express our concern about such untidiness that we consider is not innocent and confirms our concern in relation to the suitability of said official to act with the objectivity and respect for the legality required by said function.

Prior to their appointment, Fundeps and the Institute for Comparative Studies in Criminal and Social Sciences (INECIP) participated in the public hearing at the Committee on Constitutional Affairs, Justice and Agreement of the Córdoba Legislature, which evaluated their specifications to warn about their lack of suitability and its position contrary to the human rights of women and people with childbearing capacity. In the letter that we signed together with more than 40 civil society organizations, we spoke out against his appointment for publicly advancing a position against abortion, an issue on which he should decide later.

The suspension of the right to access the IVE through a precautionary measure and would imply a setback and irreparable damage for women and pregnant people in Córdoba who would be unable to access a basic human right such as health. It should be remembered that the Provincial Justice has already issued on these issues in the action filed by Portal de Belén against the provincial Protocol of Non-Punishable Abortion in 2019, where the amparo was rejected for lack of a specific case.

In the same way, we point out that this type of filings against the IVE Law have been raised throughout the country and most of them have already been rejected by virtue of their inadmissibility. Access to the legal and voluntary interruption of pregnancy is fully valid in the province of Córdoba, as in the entire national territory, despite attempts to obstruct its access through abusive and openly inappropriate prosecutions.

This law represents an advance in the guarantee of the right to life, physical and mental integrity, health, autonomy, freedom and equality of women and people with the capacity to bear children. We are not going to allow undemocratic actions that violate human rights carried out by anti-rights groups to harm it. We continue to work together for our rights.

Contact:

Clínica de Litigio de Interés Público Córdoba
Católicas por el Derecho a Decidir

Fundeps
3513251601 – 3513294497

,

Public purchases in pandemic 2021: less transparency and direct purchases continue

After the publication in March of the results of the survey “Public purchases in pandemic: 2020, the year of direct contracting and the lack of transparency”, Red Ruido adds to the investigation the first quarter of the year 2021.

“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”

Ruido is a federal network of communicators, specialists in open data and civil society organizations that was created to make visible issues of public interest related to the management of State resources, administrative transparency, corruption and access to information. From Fundeps we support its creation in an alliance Citizen Power and FOPEA.

In this new report, the question remains the same as in the first Noise survey: can citizens know how much the State paid for each product purchased to alleviate the pandemic?

The answer is not only the same —no—, but now it is worse: there was less information available to access data for the first quarter of 2021, in relation to what was surveyed in 2020. This is the main conclusion of the survey in 13 provinces of the country , plus the City of Buenos Aires and the Nation.

Highlights
● 82.3% of the hires in the first quarter of 2021 were made directly, according to the Noise survey in 14 Argentine provinces.
● Fewer transactions were registered than last year and there was also less data available: the index of access to information worsened.
● In many joint purchases (those that include several products) it is impossible to detect how much each province paid for each item.
● Santa Cruz was added to the provinces without data.
● A record-breaking purchase of ethyl alcohol was detected in Chaco: 1,900 pesos per liter.

Tenders, missing
The survey of public purchases related to the pandemic during 2020 had detected that 92% of the operations had been carried out directly. That index improved a little, but it is still very high: 82.3%.

The Decree of Necessity and Urgency 260/2020 that President Alberto Fernández signed on March 12, 2020 established the public emergency in health matters due to Covid-19, so that the contracting of goods and services that are carried out in this framework can be processed by direct route.

More than a year passed and the time to plan prevention increased, but the use of this shortcut to hire was not reduced.

Among the provinces with almost 100% direct purchases and / or awards are Salta, Entre Ríos and Santiago del Estero, while Mendoza is responsible for the drop in this general average, since it used the mechanism of bidding, auctions and / or open competitions in 49% of purchases. It was the province with the greatest improvement in relation to 2020, when that figure was just 13%.

Access to information

If the level of access to information in the first Noise survey (purchases in 2020) is compared with that of the first quarter of 2021, the situation worsened.
According to the index prepared (in which 1 implies total public access to data and 4, no access), the general average of access to information in 2020 had been 2.3. But from January to March 2021, it fell 0.3 points to 2.6.

This is so because not only did the three provinces that keep secret data and do not respond to access requests (Tucumán, Salta and Santiago del Estero) remain the same, this time Santa Fe (provides negligible information) and Santa Cruz joined (He did not respond to any request for information).

Booze through the roof
In the case of the prices of chinstraps, ambulances and ethyl alcohol, in the first quarter of 2021 there were far fewer purchases of these products than in 2020.
Wide gaps in the prices paid for chinstraps were maintained, and there were no purchases of ambulances.

In the case of ethyl alcohol, the record paid for this element appears in a purchase from Chaco: 1,900 pesos per liter. This arises in a purchase made on March 30, 2021 (order number 1,865) from Ande Servicios SRL, for which units of 200 milliliters (at 70%) were purchased at 380 pesos, for a total of 91,200 pesos. The figure represents up to 10 times the market value.

It is not possible to have more details of this operation, since the province of Chaco did not respond to any request for access from Ruido.

The other element that appears in some surveys is the rapid test kits to detect the virus. There is a wide range of prices for the same product that goes from the 170 pesos that CABA paid, up to the 715 pesos spent by Mendoza.

Access the full report and the analysis of each province here.

 

Ruido survey authors:

Mariela Arias (Santa Cruz), María Ester Romero (Buenos Aires, Tierra del Fuego and CABA), Yamile González (Formosa), Gabriela Sánchez (Mendoza), Bárbara Maidana (Chaco and Sante Fe), Juan Manuel González (Córdoba), Natalia Buiatti (Entre Ríos), Gonzalo Guzmán (Transparent Jumps), Luis María Ruiz (Tucumán), Sol Minoldo, Julieta Fantini, Andrés Vázquez, Cristian Pérez, Sergio Carreras and Edgardo Litvinoff.
Graphics: Diego Forti. Network design: María Pía Reynoso. Networks: Daniela Reynoso. Development: Walter Kanqui.

Ruido Communication Channels:

http://elruido.org/
https://twitter.com/RuidoRed
https://www.instagram.com/ruidored/
https://www.facebook.com/ruidored/

More information:
Public procurement in a pandemic: a year of direct contracting and lack of transparency

Contact:

Nina Sibilla, ninasibilla@fundeps.org

,

We participate in the preparation of the general guidelines of the Yolanda law

From July 19 to 23, we participated in the meetings called by the Ministry of the Environment of the Province for the preparation of the general guidelines at the provincial level established in Law No. 10,758 of adherence to the Yolanda 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”

As ordered by Art. 3 and 4 of National Law No. 27,592, the Ministry of the Environment of the Province held a series of meetings in which various Civil Society Organizations of the Province participated. The objective was the preparation of the general guidelines on content to be dictated in the training aimed at people who exercise public functions in the three branches of the State.

The meetings dealt with various topics associated with the biodiversity axis, climate change, training in laws, among others. The space allowed each organization to give its point of view about the important issues and the modalities to be adopted.

The design of the law and its compliance by the authorities, allows and will allow the training of those who implement public policies on environmental matters, based on consensual content from the dialogue. Undoubtedly, citizen participation constitutes a fundamental pillar for any institutional architecture linked to the environmental issue, which must be reflected in a real and finished way at the moment of crystallizing state practice, in this case, mandatory training.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

,

Strengthening other economies

Together with the Latin American Feminist Incubator, we advanced in the process of strengthening the self-managed and community organizations of the province of Córdoba that were selected after the call for scholarships.

“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 call for scholarships to strengthen self-managed and community organizations in Córdoba ended on May 14 with 67 registered organizations from across the province. The number of organizations that applied for this call reveals two trends. On the one hand, the large number of self-managed spaces of the Popular, Feminist, Ecological, Social and Solidarity Economy that exist in the province and that show that Another economy exists and is possible. However, and here is the other trend, the need for comprehensive public policies that promote them is notable.

All the spaces that were nominated show a diversity of organizational forms and self-managed activities that represent a great contribution to the community and local economies, which made the selection process an arduous instance full of reviews and discussions.

Following the selection and priority criteria announced in the call, we selected 7 beneficiary organizations for a total grant: Aquelarre VCP, Comadres, Mercado Coop, MEPA, Hacé Pinta, Mokitas and Alternativa Marginal. We will be working together with them until October in an intense strengthening process.

Between May and June, we began a diagnostic process that consisted of a self-diagnosis survey and then a personal interview with each organization to identify their perceptions and realities regarding the obstacles and particular strengths that each of them has identified. This stage is fundamental as it allows to recognize, project, and build an economic sustainability plan based on the own experiences, desires, needs, realities and expectations of each organization.

From July to September, we will advance with the strengthening process itself, consisting of a series of trainings, practical application workshops, personalized meetings with members of each organization, and mentoring. This stage is the central node of the strengthening process for the economic sustainability of these organizations. Throughout this stage, spaces for meeting and joint construction will be generated, sharing interests, positions, projects and knowledge, in pursuit of the economic sustainability of the selected organizations.

We hope that, through this project and together with the different self-managed organizations selected, we can advance in the construction, implementation and evaluation of tools for the diagnosis, planning and management of resources so that a self-managed space not only sustains itself financially but also collaborate in the sustainability of the lives of its members.

More info:

Contact:
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Incubadora Feminista, hola@incubadorafeminista.com

,

Sergio Díaz-Granados was elected the new Executive President of CAF

On July 5, the Board of Directors of CAF – Development Bank of Latin America – elected Sergio Díaz-Granados as the new Executive President of the institution by majority, in a blended meeting held at the National Palace of Mexico. Colombian Díaz-Granados will take office on September 1, 2021 for a period of 5 years.

“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 Development Bank of Latin America, formerly known as Corporación Andina de Fomento (CAF), is a leading multilateral financial institution in Latin America whose mission, according to its website, is to support the sustainable development of shareholder countries and integration regional. Since 1970, the institution has served the public and private sectors, supplying multiple financial products and services to a wide portfolio of clients, made up of the governments of the shareholder states, financial institutions, and public and private companies.

CAF’s Board of Directors appointed Sergio Díaz-Granados as the institution’s new Executive President on July 5 at a blended meeting that took place at the National Palace of Mexico. In the election, the Colombian Díaz-Granados surpassed the Argentine candidate Christian Asinelli, current undersecretary of International Financial Relations for Development of the Secretariat of Strategic Affairs of the Presidency, who will occupy one of the vice-presidencies of the entity.

The election of the new president comes after the resignation of the previous Executive President, the Peruvian Luis Carranza, who retired from the entity a year before the end of his term amid allegations of abuse of power, forced resignations and strong internal in the multilateral credit organization.

Sergio Díaz-Granados, is a prominent lawyer who currently serves as Executive Director for Colombia in the IDB Group. He has an extensive career in public and private service, both nationally and internationally, with special emphasis on issues of development and regional integration. Throughout his career, Diaz-Granados has served as Minister of Commerce, Industry and Tourism of Colombia, Vice Minister of Business Development and President of the Boards of Directors of Bancóldex and ProColombia. He has also been a congressman and chairman of the Economic Affairs Committee of the House of Representatives.

More information:

Author:
Juliet Boretti

Contact:
Gonzalo Roza – Coordinator of the Global Governance Area
gon.roza@fundeps.org

,

Internal IDB evaluation raises the need for reforms in the operation of the MICI

On April 1, the Office of Evaluation and Oversight (OVE) presented an evaluation report of the Independent Consultation and Investigation Mechanism (MICI) corresponding to the period 2015-2020. The evaluation examined the Mechanism’s policy and its application, with the aim of informing the Boards of the IDB and IDB Invest on the extent to which the MICI has been an effective and efficient mechanism in the resolution of claims associated with environmental and social impacts of projects financed by the Bank.

“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 its report, the Office of Evaluation and Oversight (OVE) determined that the current MICI policy corrected important issues identified in its last evaluation of 2012. Among the main advances, it highlighted the solution to the problems of accountability and associated conflicts of interest. to the previous organizational structure, as well as the duplication problems of the eligibility instance; the establishment of deadlines for the management of requests; and the creation of instances for the participation of the administration. Likewise, he highlighted a greater consistency between the policy, the guidelines developed, and the associated processes.

The evaluation also highlighted the progress made in the internal functioning of the MICI, as a result of the restructuring of the mechanism, as well as the process of consolidation and institutional learning. The mechanism has been able to define its work plan and manage its human and budgetary resources independently of the IDB Group administration.

However, judicial exclusion, a key issue, remained pending. It is one of the exceptions of the internal policy to the eligibility of applications and establishes that those matters raised in an application that are being the subject of arbitration or judicial processes in a member country of the IDB Group are not eligible.

Although judicial exclusion was identified by OVE in 2012 as a limiting factor for the effective and independent functioning of the MICI, it was maintained in the reformulated policy in 2014. Likewise, there are other limitations that have emerged in the application of the policy in recent years. 5 years but that, to a large extent, have been paid for by the MICI. This shows that there is sufficient margin for the mechanism to manage the limitations of the current policy.

Access to the MICI

Regarding access to the mechanism, OVE identified that the MICI is not yet well known among applicants. Realizing that between the different institutional levels there is a lack of consensus on the importance of publicizing the mechanism and the way to achieve it. An issue that should not be overlooked, since access to the MICI depends on the knowledge that people have about the existence of the mechanism.
For their part, those who were able to access the MICI found that their applications were not registered due to the difficulty in complying with some requirements. In this regard, the IDB Group does not have a claims management system, which makes it impossible to know the number of concerns that the administration receives.

Case management

Regarding case management, although the MICI is operating in accordance with the principles established in its policy: independence, objectivity, impartiality, transparency and efficiency; Their ability to act independently is affected by being subject to the decisions of the Board of Executive Directors.

In accordance with its policy, the Board controls the possibility of initiating an investigation in the Compliance Verification Phase (FVO) and decides whether or not to approve the recommendations of an MICI investigation. Originally, the approval of the Board of Directors to continue with an investigation was thought as a short procedure but it has come to be conformed as a contentious procedure affecting the independence of the MICI.

Finally, many ongoing investigations have presented delays related to the complexity of the projects and themes. Complaints were also filed by the applicants about the length and slowness of the processes in the Compliance Verification Phase (FVO), which reduces the possibilities of effective redress.

Recommendations

After identifying the main difficulties in the current operation of the mechanism, OVE proposed a series of recommendations to be adopted by the MICI. Among the main ones, in the first place, the elimination of judicial exclusion and the strengthening of its internal capacities stand out. In turn, OVE highlighted the need to reinforce the independence of the mechanism and ensure the adoption of corrective measures when there are findings of non-compliance with the policies and related damages.

Remembering that one of the main objectives of the IDB Group is to improve the quality of life in the region, monitoring its policy is a key tool to guarantee compliance with socio-environmental safeguards and transparency in the development of projects. funded. If the recommendations made by OVE are applied, it would imply a declaration of commitment by MICI to the users, who, among other complaints, have systematically insisted on an improvement in the conditions for accessing the mechanism.

Based on this evaluation, one might wonder if the limitations of the current policy can be rectified by incorporating OVE’s recommendations or if these limitations, on the contrary, make a new comprehensive review of the policy necessary, a measure that has been ruled out by OVE until the moment.

At Fundeps, we consider that there are still many obstacles to overcome to guarantee an effective and independent action of the mechanism, especially regarding the need to nullify judicial exclusion. However, we highlight the importance of these types of entities that are beneficial for both the public and private sectors, and especially for the communities affected by IDB Group investments.

More information:

Authors:

Clara Labat 

Julieta Boretti

Contact:

Gonzalo Roza, gon.roza@fundeps.org

, , , ,

We present the Argentine Network of Community Advocacy

Next Monday, July 12 -from 5:00 p.m. to 6:30 p.m.- we will present, together with a group of organizations, the Argentine Network of Community Advocacy, a space for articulation, support, advocacy and learning between organizations and legal professionals from all over the country, that we work for access to rights and legal empowerment of vulnerable people or groups. To participate, register 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”

Taking into account the great difficulties that social organizations and activists encounter in defending the rights of vulnerable groups, from ACIJ, FUNDEPS, TECHO, CAPIBARA, XUMEK – REPAD and ANDHES we saw the need to create a Community Advocacy Network to solve legal needs and structural problems that similarly affect large groups: people with disabilities, migrants, women, children and adolescents, the elderly, indigenous peoples, people deprived of liberty, victims of institutional violence , among others.

We seek to face with collective strategies the great obstacles that exist when practicing social advocacy and, in this way, guarantee effective access to the rights of their communities.

We are waiting for you next Monday, July 12 -from 5:00 p.m. to 6:30 p.m.- to the presentation of this initiative, which is in permanent construction, to continue adding contributions from organizations and activists who want to be part of it.

What is RAAC?

RAAC is the Argentine Network of Community Advocacy. Its objective is to build a space for articulation, support, advocacy and learning among legal professionals from all over the country, who work for access to rights and the legal empowerment of vulnerable people or groups.

Goals

  • Generate alliances, synergies and solidarity between social organizations, professionals and activists that work in the field of community advocacy and community legal empowerment.
  • To promote greater visibility of the different local experiences linked to the subject.
  • Carry out an advocacy agenda in local and national public policies, linked to community advocacy and legal empowerment.
  • Increase the national debate on community advocacy and its development as a disciplinary field.
  • Generate a learning community that respects the plurality of thoughts and opinions, strengthens community growth and contributes to the development of the capacities and abilities of all those who are linked to community advocacy and legal empowerment

Para participar del evento, inscribite en este formulario.

,

Trans fats in Argentina: what is the regulation like?

Within the Americas region, Argentina was a pioneer in the regulation of trans fats. However, today there is an outdated with respect to the recommendations of international expert organizations. There is evidence of a need for improvement in order to protect the health of the population.

“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”

Trans fatty acids (TFA), or more commonly known as trans fats, can have a natural or artificial / industrial origin. Those of industrial origin are produced artificially by the food industry, through a process that receives the name of hydrogenation. That is, they are naturally liquid vegetable oils that turn into semisolid fats.

Because trans fats are an extremely useful product for the food industry, their use and consumption is much more frequent than you might imagine. This is due to its great stability against heat in frying, its great malleability for use in bakery and pastry products, due to the increased useful life of the products in which it is applied and due to its low cost. In addition, they give the final product a palatability that is difficult to achieve with any other fat source, thus increasing the desire for the consumption of these preparations.

However, the consumption of trans fats has serious consequences for health and no beneficial effect is recognized. According to WHO studies, they are an important factor in the generation of cardiovascular diseases and non-communicable chronic diseases. It is this context that determines the need and importance for States to develop and implement public policies aimed at eliminating the presence of TFA in the food supply, in order to guarantee the right to health and adequate food of their population.

Brief historical tour How do we get to the current regulations?

In our country, the regulatory framework for trans fats present in food products is established by the Argentine Food Code (CAA). Since 2008, after numerous international efforts aimed at demonstrating the relationship between the consumption of trans fatty acids (TFA) with severe health conditions and after demonstrating that the elimination of trans fats from food is feasible for the industry food, the World Health Organization (WHO) convened the formation of a working group that – in line with its purpose – received the name of “The Americas Free of Trans Fats.”

The objective of this working group was to determine procedures to gradually eliminate the presence of TFA from products, among which were regulatory measures, voluntary actions and the feasibility of recommending less harmful alternative fats. This is how the Declaration of Rio de Janeiro took place in 2008, which established a series of recommendations to be followed by the subscribing countries.

In this context, Argentina in 2010, established in the Food Code Art. 155 tris by which it was provided that the content of TFA from industrial production in edible designs should not be greater than 2% of the total fat in vegetable oils and margarines destined for direct consumption and 5% of the total fats in the rest of the products, excluding from these limits fats from ruminants and dairy products.

In this way, Argentina became one of the pioneer countries in the region by regulating the content of trans fats present in food, as well as making efforts to incorporate the parameters set by the WHO.

However, little by little the experience revealed the deficiencies in the formulation of these regulations. It gave rise to various interpretations that made the companies not strictly conform to the standards set and that the enforcement authority itself, ANMAT, adopted various criteria when demanding compliance. It was clear from the Article that the restriction of 2% of trans fats in vegetable oils and margarines, reached only those destined for direct consumption and not necessarily to margarines and oils used as raw material by the food industry, including the production of bakeries. , restaurants, hotels, fast food outlets, etc. For this reason, fats and oils with high concentrations of TFA were being sold and used as raw materials, without respecting the limits imposed.

Faced with this situation, in 2018, the National Food Commission (CONAL), proposed a modification to the regulation of trans fats that culminated in the modification of art. 155 tris of the CAA and the one that was published in the Official Gazette, just on January 21 of this year. The regulation in question was drafted as follows:

“The content of industrially produced trans fatty acids in food should not be greater than: 2% of the total fats in vegetable oils and margarines destined for direct consumption and 5% of the total of fats in the rest of the foods, including those that are used as ingredients and raw materials. These limits do not apply to fats from ruminants, including milk fat ”.

Disadvantages of current regulation

Despite recent modifications, the wording of the regulations continues to be deficient. Although one of its main motivations had been to include raw materials within the 2% limit, the truth is that far from providing clarity, it continues to give rise to different interpretations that guarantee that raw materials have the same limit as the rest of the food (5%) and not the maximum set for a margarine and oil for direct sale that would be its equivalent in domestic use (2%).

At the same time, in Argentina there are also certain shortcomings with regard to the monitoring and surveillance of products at the outlet. This situation is partly due to the fact that the inscription of edible products is merely declarative. Companies are not required to submit a laboratory analysis that confirms that what they declare is consistent with what the product actually contains. The obligation formally only applies to gluten-free foods and to the use of claims or complementary nutritional information on the labeling.

On the other hand, there is no established monitoring or surveillance plan that systematically analyzes chemically and nutritionally the content of the products, whether they are used as raw materials or are intended for direct consumption. The control carried out by the health authorities is only limited to verifying that the label complies with the established requirements.

Finally, it is important to note that although the Argentine State has been working since 2010 to reduce the presence of TFAs in the supply chain, the regulations suggest that, currently, there is an outdated status regarding the limits proposed by the organizations. international experts in the field. The WHO, after the launch of the REPLACE package of measures (2018) aimed at eliminating TFA from the food supply, in 2020 issued the so-called Action Plan to eliminate trans-fatty acids from industrial production 2020-2025, in order to to facilitate the implementation of policies and measures at the national level.

In both documents, the adoption of regulatory frameworks to eliminate or reduce the content of TFA to a maximum of 2% of the total fat content in all food products is highlighted as the first strategic action. In this sense, the States are called upon to make their efforts so that these policies can be approved and come into force no later than the end of 2023. Considering this step as the fundamental and the minimum floor that all Member States must ensure, regardless of your resource capacity.

Comparative experience shows that several high-income countries have practically eliminated trans fats from industrial production, either by imposing legal limits on the amount of these fats present in food, through the prohibition of partially hydrogenated oils. (main source of TFA from industrial production) or through a combination of these two strategies Research is conclusive in revealing that reducing or eliminating TFA from the food supply is both politically and technically feasible and that it is a relatively simple measure of low-cost, one-time, and significant long-term health benefits, especially in addressing and preventing Chronic Noncommunicable Diseases.

Along these lines, although the elimination of TFA is a strategy that would reduce the risk of these diseases for all people, regardless of their level of education or wealth, research shows that these measures have a greater impact on people. who habitually consume low-cost processed products and in those who face the greatest obstacles in accessing medicines and quality health care. For this reason, the WHO has expressly stated that, in order for the benefits to be distributed equitably throughout the world, it is necessary that measures be implemented in low- and middle-income countries, where controls on the use of trans fats of origin are often less stringent.

We urge the Argentine State to improve its current policies around the maximum concentration of TFA allowed in food products. The benefits in the use of this type of fats are only for the food industry that allows them to create highly addictive edibles at a very low cost. Research is categorical in stating that trans fats are extremely harmful to human health and are responsible for half a million deaths a year in the world. However, it has also been shown that the establishment of national limits through regulations is a feasible and effective measure that helps to improve people’s quality of life.

The right to health, adequate food, as well as the right to information within the framework of consumer relations, are fundamental rights that enjoy hierarchy and constitutional protection. Ensuring that food systems are safe, healthy and transparent for those who consume is the duty of the State and forms the basis for effective interventions in food policy and public health.

More information

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

,

Half a year of legal abortion: progress and challenges

Since its enactment at the end of last year, the IVE law is in full force and its first effects are already being verified in access to practice in health centers throughout the country. Meanwhile, in court, conservative sectors continue to try actions to postpone it.

“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 Law of Voluntary Interruption of Pregnancy No. 27,610, sanctioned at the end of 2020 and in force since January 24, 2021, implied an important deepening of human rights for women and pregnant persons.

Half a year later, access to abortion is making its way into all health subsystems across the country. In Córdoba, there are more than 100 health establishments that already guarantee this right. On May 28, International Day of Action for Women’s Health, the Ministry of Health of the Nation presented the update of the protocol for the comprehensive care of people with the right to Voluntary and Legal Interruption of Pregnancy.

The new protocol

The protocol constitutes an instrument that aims to offer guidance to health teams, providing them with a regulatory framework and clinical guidelines for precise and clear care that allows them to carry out the termination of pregnancy. Compliance with the highest standards of care is contemplated, that is, those that imply respect for quality, accessibility, confidentiality, technical competence, range of available options and updated scientific information.

From a clinical point of view, the protocol incorporates international recommendations on procedures for the legal termination of pregnancy – drug dose and manual vacuum aspiration (MVA) – and reinforces the importance of rapid access to comprehensive care, reinforcing the need resolution in the first level of care and in drug treatments.

In other words, it implies reinsurance so that girls, adolescents, women and people with the capacity to carry a child receive dignified treatment and quality care, thus guaranteeing IVE until week 14 of the gestational process inclusive and the ILE when appropriate.

As it is a document that sets out certain references on how to carry out the procedure, it is not necessary for the provinces to adhere to it in order to make the implementation of National Law 27,610 effective. In other words, the law is operative regardless of the adherence or validity of the protocol.

The judicialization here and there

In different parts of the country, legal actions were initiated that marked from the first minute a strong sense of legal insecurity for those who have the right to access the practice. There are already more than 30 actions filed against the law. Most of them have been rejected without further proceedings, but excessive judicialization creates obstacles to access and confusion among users.

In Córdoba, at the beginning of April, Aurelio García Elorrio, a reference for the civil association Portal de Belén, filed an amparo against the province requesting the unconstitutionality of the law, and in turn, requested a precautionary measure to suspend the validity of the law, the which was rejected immediately. Faced with this, he filed an appeal that is currently being processed before the Superior Court of Justice.

In this case, the Public Interest Litigation Clinic, Catholics for the Right to Decide and Fundeps present ourselves as interested third parties in order to protect the rights of the group of women and pregnant persons of Córdoba. It is important to clarify that this process does not alter the validity of the law, which continues to be applicable and enforceable throughout the provincial territory.

Meanwhile, in Mar del Plata, at the beginning of June, Federal Court No. 4 in charge of First Instance Judge Alfredo Eugenio Lopez, issued a precautionary measure suspending the effects of the law, the protocol and other resolutions.

The National State immediately appeared in the file, challenging the judge for cause and appealing the precautionary measure. Thus, the case was left in the hands of the surrogate judge, Santiago José Martín, who granted the appeal with suspensive effect of the measure. This means that the injunction granted no longer has effect until the Chamber of Mar del Plata is issued on the appeal.

Faced with this panorama and by virtue of the importance of the case, from Fundeps we present ourselves in the file as “friends of the court”, with the aim of providing human rights arguments, specifically on the right to health and sexual and reproductive rights. and non-reproductive.

It is elementary to think of Law 27,610 as a public health policy representative of fundamental human rights standards. These lawsuits are not mere isolated events, but constitute a form of activism that hinders and limits a basic health practice of sexual health. In Córdoba we already know the effects of the judicialization of the provincial guide for the care of non-punishable abortions that Portal de Belén began in 2012. This case had the consequence that women and pregnant people of Córdoba who were in qualified situations by the Penal Code to access the practice of non-punishable abortion could not do so in this jurisdiction during all the years in which the amparo was pending resolution, resulting in a serious impact on their most basic human rights, despite the fact that later it was The action was rejected due to lack of case and lack of standing.

Faced with this scenario, the competent courts in cases where the law is under discussion have the opportunity to establish clear guidelines regarding the protection of fundamental rights such as sexual and (non) reproductive rights. A solution that respects these rights is simply to maintain the validity of Law 27,610 on Access to Voluntary Interruption of Pregnancy, not giving rise to the requested precautionary measures.

 

Authors:

Agostina Copetti

Sofia Mongi

Contact: 

Mayca Balaguer