Three days after the 9th anniversary of Ni Una Menos and five after the publication of the femicides report that confirmed that in 2023 there were 250 victims in our country, the national government decided to close the Undersecretariat for Protection Against Gender Violence. A woman dies every 35 hours in Argentina, while one in two women in a relationship has suffered or is suffering from domestic violence and there are no state structures to resolve it.

According to data from the National Registry of Femicide of the Women’s Office of the Supreme Court of Justice, there have been between 226 and 260 victims of femicide per year from 2017 to 2023. It is clear that lethal gender-based violence is far from being resolved. The problem is real and not ideological. To these lethality data we must add the 124,000 calls to line 144, a state policy that has been in existence for 10 years and is a hub for prevention.

Public policies to address cases of gender violence are part of a commitment that the Argentine State has historically made within the framework of international agreements and that is why gender institutions were created almost 40 years ago to carry them out. Argentina occupies a privileged role in the fulfillment of these agreements and has been a pioneer in taking measures against discrimination and violence against women and LGBT people. It is taken as an example internationally.

Without specialized bodies in the comprehensive approach or sufficient personnel and budget, the Argentine State will not be able to design and implement adequate policies to prevent and punish these acts. But, furthermore, you will not be fulfilling your obligations. With the closure of the Undersecretariat for Protection Against Gender Violence, the Argentine State goes back to times prior to 1987 when the first undersecretariat for women was created and retraces a path of progressive progress that it achieved in the last 37 years.

Our National Constitution grants constitutional status to the Convention for the Elimination of Discrimination against Women (CEDAW), committing to the development of policies aimed at eliminating discrimination against women by all appropriate means and without delay and enshrining the Inter-American Convention to Prevent , Punish and Eradicate Violence against Women (Belem do Pará) in 1996 through Law No. 24,632. With the closure of the Undersecretariat, the commitments no longer have reference authority for the design of policies and budgets and Law No. 26,485 on Comprehensive Protection to prevent, punish and eradicate violence against women will no longer have enforcement authority.

Fiscal regulation cannot be done at the cost of deaths and other forms of discriminatory violence against the population. Our society has built a consensus against gender violence. It is not an option to reverse four decades of progress.

We demand that the government rise to the urgency and immediately designate an adequate structure to respond to a problem that does not cease. We urge Congress to ensure that the laws it defines for social protection are executed.

 

SEE ACCESSIONS: La protección contra la violencia de género es un compromiso con toda la sociedad

We launched the web platform “Escazú Agreement for communities”, which provides information about the Agreement and the rights it contemplates with data and practical models to make them effective. Additionally, within the site, a document is available to download that brings together the experiences and learnings of different communities in Córdoba that face environmental problems and have been fighting for 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 Escazú Agreement is the first environmental treaty in the region on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean. It is also the first treaty in the world to contain provisions related to the protection and promotion of the work carried out by human rights defenders in environmental matters.

At Fundeps, we have been accompanying the process of the Agreement since before its approval in 2018, due to the central role it plays in strengthening environmental democracy and climate justice. Within the framework of this process, when it came into force in Argentina we launched a Resource of the Escazú Agreement and a Guide on Access to Environmental Information. Then, we carried out a training cycle on access to public environmental information and an introduction to Escazú, and in 2023, as part of the project called “Escazú Agreement: What is happening in Córdoba?”, we held workshops in different locations in the province. crossed by socio-environmental conflicts.

This entire journey, added to the daily accompaniment to communities in Córdoba, allowed us to detect the need to create a tool that brings together all the inputs created, information related to the Escazú Agreement and that provides practical instruments to facilitate the exercise of the rights it regulates. For this reason, we launched “Escazú for communities” (agreementdescazu.org), a platform that provides information about what the Agreement is, what rights it contemplates and how they are exercised, what is the history of the Agreement, which countries in the region are part, the answers to frequent doubts that arise among those who defend the environment, among other contents. Our objective is to make available to communities the tools that Escazú offers to promote and monitor their effective implementation, and strengthen the struggles of people and groups that defend the environment, collective health and their territories.

Among the tools on the site, you can find: models for requesting public environmental information, explanations on how citizen participation should be guaranteed and made effective in decisions that impact the environment, types of judicial actions that can be filed to claim; the obligations of States to guarantee the safety of those who defend the environment, among other issues.

At Fundeps we have also been working to strengthen the strategies and approaches to socio-environmental conflicts, putting human rights defenders in environmental matters at the center. For this reason, within the website you can also access “Resisting and re-existing in community. Stories and experiences of socio-environmental struggles in Córdoba. This document is the result of a series of interviews carried out during 2023 and 2024 with seven communities in struggle in the province of Córdoba (OMAS, VUDAS, Todxs por Nuestros Arreros, Vecinos Autoconvocados de Marcos Juárez, Preservando el Parque de la Vida, Madres de Barrio Ituzaingó and Friends of the San Martín Reserve), to whom we deeply appreciate their support and collaboration. The purpose is to share the experiences of the communities, their stories and their useful advice for those who are beginning a process of socio-environmental struggle.

We are committed to this website serving as reference material and strengthening environmental capacities. We also promote the dissemination of struggle strategies and the learning of those who carry them out in the province, so that socio-environmental challenges are navigated solidly knowledge, based on shared experiences and, above all, on the network.

We hope that it will be useful to interested people, and above all, to those who defend human rights in environmental matters.

Author

Ananda María Lavayen

Contact

Laura Carrizo, lauracarrizo@fundeps.org

On World No Tobacco Day, we again call for the development and implementation of public health policies to be free of interference from tobacco companies. It is urgent that the Argentine State prioritize the well-being and health of its population, and especially those who are the focus of the marketing strategies of this industry, that is, children and youth.

Tobacco and nicotine products are lethal. According to the World Health Organization (WHO), more than 8 million people die each year due to the consumption of these products and 1.3 million people die from just being exposed to second-hand smoke. For its part, Argentina’s epidemiological context is not far behind. According to the latest World Youth Tobacco Survey (2018), our country has one of the highest prevalence rates of tobacco addiction in the region: 20.2% of adolescents smoke. As if that were not enough, the age of initiation into consumption is already between 12 and 15 years.

Although it is well known that tobacco kills up to half of those who consume it, States are permeable (and sometimes even complicit) to the wide range of interference strategies deployed by tobacco companies. In general terms, these strategies seek to hinder the processes of advancing more protective norms of the right to health, undermine existing regulatory frameworks, take advantage of certain legal loopholes, as well as the ineffectiveness of State control mechanisms and, Finally, -the greatest purpose- to increase their profits and generate the necessary conditions to guarantee the sustainability of their businesses.

In Argentina, the interference of the tobacco industry is present, mainly, through the permanent and sustained lobbying of authorities of the National State and the provinces, the sabotage of legislative processes, the misrepresentation of scientific evidence along with the construction of confusing narratives that They seek to position their products as having reduced risk and the generation of economic threats in the face of the development of policies that seek to regulate their activity.

Without going any further, the push and pull that is taking place within the framework of the debate over the Bases bill in the National Congress which, among other things, implies a reform in the tax structure on tobacco products, are a clear example of the way in which this interference materializes. Both the exchanges between legislators and the media coverage have focused on the economic damages that one or another tobacco company would suffer if the reform were to advance, without taking center stage the negative impact that public health would suffer with a tax modification of these characteristics. -which enables the presence of very cheap cigarettes on the market, hindering the reduction of consumption- and, least of all, the great scandal that represents the fact that public power intervenes (or rather, plays a decisive role) in decision-making. any tobacco industry.

Although this has been the case of interference that, in recent days, has acquired greater notoriety, it is also possible to find other cases that reveal that progress towards better regulatory frameworks is, historically, a process fraught with obstacles. In this sense, the numerous draft regulations stand out that, after the sanction of the National Tobacco Control Law in 2011, were presented in the National Congress with the purpose of strengthening the response of the Argentine State to marketing tactics. of the tobacco industry. Despite the different presentations by various political parties and the important efforts of civil society to promote them, none of them achieved legislative treatment, losing their parliamentary status.

Along these lines, the large number of failed attempts to get the Argentine State to ratify the WHO Framework Convention on Tobacco Control (FCTC) deserves special mention. A survey of the databases of the Chamber of Deputies and Senators of the Nation showed that, between 2003 and 2022, 33 bills were submitted – 15 in the Senate and 18 in the Deputies –, postulating accession to the Framework Agreement and without None of them managed to reach the plenary session. This instrument and its ratification by the National State are necessary and urgent as it would allow for a comprehensive framework for the implementation of policies aimed at reducing supply, demand and health, social and environmental damage caused by products. tobacco and nicotine. In addition, it would provide effective tools to protect public health policies against the commercial interests of tobacco companies, as well as individuals or other organizations that work to promote the interests of this industry. Even though the positive and strategic implications of being part of the Framework Convention are more than evident, our country is the only one in South America and one of the few in the world that is not yet part of it.

That said, it is worth asking: what are the consequences of allowing the deployment and interference of these practices within the States and, particularly, the Argentine State? Who is really harmed?

Although our country has a regulatory framework that in preventive matters has adopted certain restrictions on marketing, the protection of smoke-free environments and the prohibition of emerging products (such as electronic cigarettes and heated tobacco products), the truth is is that these regulations have become outdated in the face of an industry that is constantly renewing itself and that spends millions of dollars on amplifying and diversifying its marketing strategies. Added to this is the almost non-existence of oversight mechanisms by the State, which prevents the identification of violations of existing regulations, the application of sanctions to offenders and, ultimately, a serious weakening of the progress that – after many efforts – the Argentine population managed to achieve tobacco control policies.

This situation is especially critical for the protection of children and youth, who, because they are in a stage of training and development, are highly vulnerable to the manipulative practices of the tobacco industry. This deepens if regulatory frameworks and state responses are insufficient to combat them.

Industry strategies are diverse. The launch of innovative and sophisticated products, the construction of narratives that position them as the “alternative” to quit smoking, the organization or presence at massive events or parties, and the use of social networks together with the hiring of influencers for their promotion have a single purpose: to naturalize – especially among young people – the consumption of tobacco and nicotine products, create a new generation of consumers and maintain a captive audience among those who already suffer from this addiction.

There is no doubt that tobacco industry interference undermines efforts to reduce the tobacco epidemic in our country. For this reason, we reiterate that the ratification of the FCTC by the Argentine State would represent a fundamental step to reverse this situation, as well as a firm commitment to the health and quality of life of its youngest population.

Protecting public health policies from the stalking of corporate interests in this industry is the most challenging aspect of tobacco control and, at the same time, the most urgent and necessary. The Argentine population needs the commitment of all social actors and political forces so that their rights are prioritized. It is no longer possible to continue waiting.

Authors

Clara Diaz Yofre Maga

Merlo Vijarra

Contact

Maga Merlo, magamerlov@fundeps.org

From May 20 to 29, the 167th Ordinary Period of Sessions of the Inter-American Court of Human Rights (CoIDH) was held in Brazil. On this occasion, the Public Hearings of the Advisory Opinion on “Climate Emergency and Human Rights” presented by Chile and Colombia continued. On April 27, the CIEL Foundation and VUDAS (United Neighbors in Defense of a Healthy Environment) were presenting within the framework of the amicus curie presented by Fundeps together with other civil society organizations, representatives of the Public of the Escazú Agreement and communities in struggle, relating to human rights defenders in environmental matters in the context of climate change and energy transition.

“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 January 2023, Chile and Colombia presented to the Court a request for an Advisory Opinion on Climate Emergency and Human Rights. Through this request, the CoIDH was asked to issue a ruling in relation to state obligations to protect, prevent and guarantee people and territories in the context of a climate emergency.

Dozens of organizations and defenders from the region saw in this request for an advisory opinion an opportunity to present to the IACHR their observations, arguments and concerns regarding the points of analysis presented by Chile and Colombia. The level of citizen participation, carried out through amicus curiae, makes the request historic and highlights the concern that exists around the issues presented to the CoIDH for its consideration.

In this sense, in the amicus curie, from Fundeps, together with more than 15 civil society organizations, elected representatives of the Public of the Escazú Agreement and communities in struggle, we provide arguments related to:
a. the importance of ratifying the Escazú Agreement by countries that have not yet done so.
b. The fundamental thing would be for the Inter-American Court to apply the protection standards of the Escazú Agreement in its decisions.
c. The intersectionality that exists between structural inequalities, vulnerability to the climate emergency and the risks faced by women and, in particular, women defenders.
d. The challenges presented by the energy transition in relation to the protection of human rights.

Representing the amicus, Luisa Gómez from the CIEL Foundation and Silvia Cruz and Maria Rosa Viñolo from Vecinas Unidos en Defensa de un Ambiente Seguro (VUDAS) traveled to participate in the hearing in the city of Manaus, Brazil. On Monday, May 27, they presented the main argumentative points of the amicus. You can see his interventions starting at minute 51:27 of this video.

They have been carrying out a socio-environmental struggle for more than 10 years against the installation and operation of a bioethanol production plant in their neighborhood, in the City of Córdoba. From Fundeps, we accompany the VUDAS in their fight and on this occasion, we present their witness case in the inter-American system as it illustrates the challenges faced by human rights defenders in environmental matters and even more so by women defenders. The VUDAS, like other organizations, navigate daily the contradictions of an unjust energy transition, which generates areas of sacrifice and puts human rights in check. Many of the alternatives or solutions that are presented as “green” in the context of energy transition, bring with them multiple problems and violations of rights that, if not addressed comprehensively, endanger communities and territories.

The resolution of this request for an advisory opinion, which is expected at the end of this year, generates great expectations due to the need that exists in the inter-American human rights system, for the IACHR to issue a ruling regarding the obligations and responsibilities of the States. in the context of climate emergency and energy transition.

 

Author

Manuela Fernandez Grassani

Contacto

Laura Carrizo, lauracarrizo@fundeps.org

This Friday, May 24, the meeting “Córdoba has impact: Conversation for disputed rights” took place with the participation of more than 100 people at the Museum of Anthropologies. It was organized by Fundeps, with the participation of more than 30 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”.

For three hours, reflections were developed around:

  • how the reduction in public spending affects university education, the scientific-technological system, the popular sectors and the media;
  • the consequences of the pension and labor reform proposal, focusing on private home workers; and the unconstitutionality of DNU 70/23.
  • the regulatory regressions in relation to the exploitation of natural resources, how communities experience these deregulations and the environmental impact of the Large Investment Regime (RIGI).

The discussion brought together representatives from various fields, including academia, social organizations, communities, media and unions.

An event with diverse voices and perspectives that help us understand some of the challenges we face and how to build collective strategies against the regression of rights.

From April 21 to 24, we participated in the Third Conference of the Parties to the Escazú Agreement (COP3) that took place in Santiago, Chile. Likewise, we were part of the event that was held previously (Pre-COP) and the parallel panels of civil society organizations.

In April, the Third Conference of the Parties to the Escazú Agreement was held: a treaty on access to information, public participation and access to justice in environmental matters in Latin America and the Caribbean. The Conference of the Parties is the highest deliberative and decision-making body of this regional Agreement, and is held once every two years, with the purpose of making decisions, reviewing and promoting the application and effectiveness of the Agreement.

Particularly, the main objective of this third COP was the treatment and approval of the Action Plan on human rights defenders in environmental matters in Latin America and the Caribbean, the result of extensive prior public participation. This Plan aims to advance the implementation of Article 9 of the Agreement, which establishes the obligation of the Parties to guarantee a safe and conducive environment for the actions of defenders without threats, restrictions and in safe conditions. The Plan is structured into four axes, each with strategic actions:

  1. knowledge generation;
  2. recognition;
  3. strengthening of capacities and cooperation for the national implementation of the Action Plan;
  4. evaluation, monitoring and review.

It is important to highlight that the Escazú Agreement is the first international treaty that contemplates the protection of defenders. This incorporation is very relevant for Latin America and the Caribbean since it is considered the most dangerous region in the world for those who defend the environment. This is why advancing its protection and defense is a priority need for the region and an example for the rest of the world.

In addition, the mainstreaming of the gender issue was approved, through which measures, actions and activities will be incorporated aimed at integrating and reinforcing the gender perspective in relation to Escazú. Parties were also encouraged to continue promoting the full and effective participation of women in all their diversity, especially indigenous women. This is relevant since it forces countries to adopt measures to guarantee equity and equality.

Likewise, within the framework of the meeting, both in parallel and before and after, more than 30 events were held in which defenders, civil society organizations, indigenous communities, elected representatives of the public, and activists from across the region participated. and authorities. These events were very important for creating and strengthening ties, disseminating socio-environmental conflicts and building capacities among participants.

Although we cannot fail to notice the path that still needs to be taken to achieve environmental and climate justice, we recognize the enormous step forward that the approval of the Action Plan for defenders and the incorporation of the gender perspective implies. For these reasons, at Fundeps we continue to participate and firmly support the effective implementation of the Escazú Agreement, its dissemination and capacity building.

 

Authors

Manuela Fernández Grassani

Ananda María Lavayen

Contact

Laura Carrizo, lauracarrizo@fundeps.org

During the months of August and October 2023, from Fundeps, together with the Córdoba Feminist Economy Space and with the support of the Heinrich Böell Foundation and the UPC Extension Secretariat, we carry out the Rethinking the Economy Training Cycle: a feminist perspective. From these meetings we built a guide for Reflection and Transformation.

“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 this training cycle we met with a wide diversity of spaces to devise resistance alternatives that put the sustainability of life at the center, among them participated: self-managed organizations, enterprises, cooperatives, unions, academic spaces, workers in the field public-state, civil society organizations, social and feminist movements and interested people in the province.

From this enriching experience that consisted of six instances, we proposed to share a systematization with those interested in embarking on a path of (de)construction on the ways in which we understand and participate in the economy. From a critical perspective, this input seeks not only to understand reality from a complex perspective, but also to contribute to its transformation. To this end, we recover and organize both the theoretical and methodological contributions as well as the reflections, questions and dynamics from which the training meetings were built.

The pedagogical orientation of this guide was designed from a feminist perspective, integrating various tools of popular education, sensitivity and affectivity. It is divided into two parts: the first addresses fundamental conceptual categories to analyze the economy from a feminist perspective; The second includes annexes with activities designed to raise awareness and reinforce said contents. As a closing, some poems are presented that seek to connect the reflections and thoughts developed during the meetings, with our deepest and most sensitive emotions.

In this sense, the guide presents several fundamental conceptual and political contributions, among them: the sexual division of labor and its impact on the labor market; the social organization of care and the reproduction of inequalities; the reconfiguration of statehood from feminist perspectives, including the idea of an Open State. It also covers some bills that represent important precedents for the construction of proposals that could give rise to regulatory frameworks for the recognition of care work in community settings.

This guide, then, becomes a commitment and a political tool to socialize various critical and collective knowledge related to the construction of “another fairer economy” in which we can be participants. We hope that this resource will be useful to generate enriching dialogues between the conceptual assumptions of Feminist Economics and the vital and organizational experiences of those who consult it. We hope that this guide helps to question current living conditions and thus be able to build solid foundations that support and strengthen care practices for the sustainability of life.

 

DOWNLOAD THE GUIDE HERE

 

Author
Carola Bertona

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

On Thursday, April 25, the plenary session of the Budget and Finance, General Legislation and Constitutional Affairs Committees of the Chamber of Deputies reached the opinion on the new law of Bases and starting points for the freedom of Argentines (former omnibus law) . Today, Monday, the law will be discussed in the chamber, together with the so-called “Fiscal Package”, the law on Palliative and Relevant Fiscal Measures, which introduces modifications to the tax regime. From Fundeps, we once again say #NoALaLeydeBases, because:

“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”.

  • Its treatment and approval in Commissions was in accelerated times. And the debate process was not open or participatory. In this way, a broad and specific discussion of each of the topics addressed was not allowed.
  • It allows institutions such as CONICET, the National Securities Commission, the Financial Information Unit, ANMAT, INTA, INCUCAI, INCAA, Enacom, CONEAU, among others, to be intervened, split, partially dissolved or lose functions and powers. other decentralized or centralized organizations.
  • Depending on these powers, and by not being explicitly excluded from the list, it could affect the operation of the National Genetic Data Bank (BNDG), which allows the identification of the grandsons and granddaughters that the Grandmothers of Plaza de Mayo have been looking for since the dictatorship. ; and the National Administration of National Parks (ANP), putting our protected areas at risk.
  • It introduces modifications to the pension regime, which in a context of extensive labor informality, means that 9 out of 10 women will not be able to retire at age 60 and will have to wait until age 65 to access a Universal Benefit for the Elderly (PUAM), and that 7 out of 10 men will also not be able to retire at age 65, having to opt for a non-contributory pension or a proportional retirement.
  • The fiscal package introduces the elimination of the Social Monotribute, which was a category designed to promote the formalization of lower-income sectors. This measure could affect more than 600,000 workers.
  • The labor reform, in line with the chapter of DNU 70/2023 that was judicialized, implies an enormous reduction in rights, since it encourages unregistered work by eliminating fines and compensation, extending the trial period, among other measures.We insist that this project, even with the modifications that were made from February to today, must have greater public debate and cannot be approved. It affects the rights of workers, deepens gender inequalities, attacks the protection of nature, puts the science and technology system at risk; and subjects several public companies to privatization processes, which are strategic for the development of our country and the defense of sovereignty. 

     

     

    Contact

    Mayca Balaguer, maycabalaguer@fundeps.org

In situations of multidimensional crisis, such as the one our country is going through, those who suffer the most are the lower-income sectors and, in particular, girls, boys and adolescents. The withdrawal of the State and economic deregulation imply greater lack of protection. Guaranteeing the basic right to adequate food, in this context, becomes urgent. So we ask ourselves again: what can and what should we demand from the State in terms of food? Does it make sense to question what kind of food we want in our pots? Or do we have to settle for “what there is”?

“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 Argentina, inflation continues to rise. The index of the Social Debt Observatory of the UCA (Argentine Catholic University) showed that the population that does not cover its basic food needs went from 9.4% at the end of the third quarter of 2023, to 15% in January , and that poverty affects 57% of the people in this country. In turn, Indec reported that the Basic Food Basket (BCA) increased 18.6% in January and 296.4% in the last twelve months, above inflation (254.2%). While, according to the Neighborhood Price Index (IBP) of the Social, Economic and Citizen Policy Research Institute (ISEPCi), food prices increased by up to 69.7% since last December. These figures reflect a noticeable increase in indigence and poverty.

To this information, we add that which already alerted us: the quality of life of the Argentine population has been progressively deteriorating. 73.4% of deaths are due to Chronic Non-Communicable Diseases, these are responsible for 52% of the years of life lost due to premature death and 76% of the years of life adjusted for disability. Proper nutrition is one of the main risk factors.

Despite the statistics and the context, the national government, a few days before the start of the year 2024, decided to completely interrupt the supply of food to soup kitchens. Numerous organizations daily denounce that “the pots are empty”, “the food emergency is urgent and necessary” and “there is no freedom when there is nothing on the table”, as well as the double burden they must bear: at times when they least have to offer, is when more people come looking for a plate of food.

This framework encourages us to reflect on the minimum conditions that we must guarantee, such as life and human dignity, for it to make sense to talk about rights such as freedom. Also talk again about the role that the State must play to guarantee these rights. The notion that a present State is necessarily abusive collides with what reality exposes: rights lack satisfaction in the absence of a State that ensures their protection through effective policies.

Food is one of the most basic human needs and is closely linked to people’s life and health. Given its essential and indispensable nature, it was recognized as a fundamental human right in various international human rights treaties that today enjoy constitutional hierarchy in our country. This normative consecration gives rise to imperative and enforceable legal obligations on the head of the State to: respect, protect and guarantee the effective fulfillment of this right.

Food policies in Argentina

In our country, food problems, unfortunately, are not new. When doing a retrospective analysis, it is possible to observe in different historical periods great crises and political tensions regarding the role of the State as guarantor of this right.

Prior to the constitutional reform of 1994, the development of the right to food was largely subordinated to labor law and the living wage, since a privatized reading of food rights and obligations prevailed. However, in the 1980s a different political-social approach began to take hold. Given the context of need that was experienced after the years of military dictatorship, people began to talk about a food emergency, a paradigm based on welfare policies that has prevailed to this day.

Its regulatory consolidation occurred in 2002 when, in response to one of the most acute crises that our country has suffered, the National Food Emergency recognized by Decree No. 108 (01/15/2002) was declared, which has been extended without interruptions until current situation, and which was arranged in order to meet the basic food needs of the population in conditions of vulnerability and with subsistence risks.

Shortly thereafter, Law 25,724 on the Declaration of National Food Emergency was passed, which instituted the National Nutrition and Food Program, known as the National Food Security Plan “The Most Urgent Hunger” (PNSA), intended to cover the minimum nutritional requirements of groups in situations of extreme vulnerability. This law constitutes to this day the main food policy of our country.

From the food emergency to adequate nutrition

More than 20 years after its entry into force, there is plenty of evidence and bibliography to account for the important limitations and deficiencies presented by this paradigm, which limits the treatment of the food issue to a basic level of satisfaction of minimum caloric needs. And, therefore, its inability to generate structural transformations that allow progress towards a state of food security and sovereignty. Also the serious impact on health that can imply that the food programs that have been established, both at the national and provincial levels, do not have good nutritional criteria and standards. This has to do with the fact that emergency strategies tend to ignore the multiple facets that the food problem encompasses in its complexity, including the so-called “triple burden” of malnutrition: hunger and malnutrition, generalized deficiency of micronutrients and malnutrition due to excess. This needs to be addressed as a health problem linked to the consumption of ultra-processed food products with excess critical nutrients.

This lack came to be questioned by Law 27,642 on the Promotion of Healthy Eating, sanctioned in 2021.

The extensive legislative process that was promoted to achieve the enactment of this law generated a fundamental movement in the public debate on food in our country. This law has been established as a bridge between policies that address historical food problems, such as hunger and malnutrition; and those that seek to reverse modern food problems, linked to excess malnutrition and chronic diseases that are caused by the poor quality of the food products consumed today. The latter affects the entire population since it is linked to the transformation of dietary patterns, although surveys indicate that the highest prevalence is found in lower-income economic sectors. For its part, the problem of hunger is directly linked to poverty.

The Law for the Promotion of Healthy Eating, although it does not directly address the problem of lack of food, does establish measures that are fundamental for the transformation of food systems that, directly or indirectly, contribute to greater food security and sovereignty. and generate an improvement in the quality of food assistance. For example, it requires the State that public purchases of food that are destined for soup kitchens where children and adolescents attend, to state agencies and food programs, be made up of healthy foods that do not present warning seals (that is, that they do not have excess sugar, sodium, fat, sweetener or caffeine). It also establishes the importance of encouraging the development of family, peasant and indigenous agriculture.

In this way, the law is positioned, on the one hand, as a valuable instrument to positively impact the health of the most vulnerable sectors of the population, who are those most exposed to the consumption of processed and ultra-processed products. And on the other, to begin to transform the way in which the Argentine State, historically, has constructed its food policies and, more specifically, in its most urgent aspect, that is, hunger. Finally, when thinking about what those who have the least eat, the need to incorporate nutritional criteria and not just the amount of calories was put on the table.

In this framework, key questions were asked about what we are eating; about how the food that reaches our table is produced; about the relationship that exists between what we consume and the diseases we contract, at an increasingly younger age. Questions about what is offered to children and adolescents in schools, which in many cases constitutes the basis of their diet. The question is also enabled about who the State’s suppliers are and what type of production we want to support.

This debate and the conquest of this law, which has had civil society as its protagonist, has meant immense progress in the discussions and food policies of our country, and above all, it provides technical and legal tools to achieve better protection of rights to adequate food and health of the entire population. Society in general echoed the idea that it is no longer about filling bellies but rather about nourishing healthy bodies and minds, nourishing ourselves culturally and emotionally again. And according to the human rights instruments adopted by our country, it is the State that must guarantee that this is the case.

Demand the minimums without giving up the maximums

Currently, these historic advances are at serious risk, just as access to food by a large part of the population is also at risk due to the economic crisis that the country is going through and, above all, due to the shortage policies that they have been suffering. community kitchens and food assistance programs.

The subjugation of social rights seeks to reverse the progress achieved in recent years regarding the debate on food quality because, in the absence of minimum food conditions, immediate needs prevail and the need for structural transformations remain in the background flat.

Now: Is it possible that even in crisis contexts we can think about the food problem in a comprehensive and non-linear way? Is it possible to demand that emergency food policies be urgently implemented and at the same time prioritize the purchase of healthy food for soup kitchens? Of course. It is not only possible but necessary. Fighting for the minimum without giving up the maximum is the way to defend the progress achieved, the rights achieved.

The health effects of purely palliative food policies are irreversible for millions of people who have contracted chronic diseases and disabilities of different types. Today we know the serious consequences on health that come with the consumption of certain products with excess critical nutrients, as well as the lack of variety in the daily diet, the low consumption of fruits and vegetables. For this reason, we cannot settle for “what there is”, we cannot renounce the rights achieved and the progress made in the debate on the type of food we need to develop and live with dignity.

Satisfaction of the right to health, to adequate food, to a decent life cannot be left in the hands of the market, and food cannot be treated as a commodity. It is urgent that the State guarantee that all people can access decent, quality food in sufficient quantity. Quality food should be a right and not a privilege.

 

*Image source: Colectivo Diciembre

 

Authors

Maga Merlo Vijarra

María Laura Fons

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

Within the framework of the opening of the ordinary sessions of the National Congress, civil society organizations reiterate our request for treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

“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”.

At the beginning of the ordinary sessions, we remember that Congress has the duty to reject this decree and all those that in the future exceed the constitutional limits, exercising its role within the system of checks and balances, as well as to guarantee a parliamentary debate of quality that ensures robust citizen participation.

The Executive Branch is prohibited from legislating. Although our National Constitution enables it to issue decrees of necessity and urgency (DNU), it only allows it to do so when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the enactment of laws.

Decree 70/2023 does not meet the constitutional requirements for its validity. Sufficient arguments do not emerge from its foundations to account for the circumstances of force majeure that prevent the chambers of Congress from debating each of the reforms included in it, nor is the causal relationship between the identified problems and the measures adequately explained. that are available.

Far from understanding the exceptional nature of the DNU, Decree 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones.

Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity must be determined taking into account their adequacy to the formal and substantial requirements. established by her.

It is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, the economy and finances, among others. These modifications affect the individual and collective rights of millions of people, many of which are already before the courts demanding its suspension and inapplicability for themselves or for the groups they represent.

Today the Legislative Branch is lacking. Therefore, we once again ask you to defend the rule of law and honor the division of powers.

Organizations:

1. Asociación Civil por la Igualdad y la Justicia (ACIJ)
2. Asociación Ecuménica de Cuyo (FEC)
3. ANDHES
4. Campaña Argentina por el Derecho a la Educación (CADE)
5. Coordinadora de Abogadxs de Interés Público (CAIP)
6. Centro de Estudios Legales y Sociales (CELS)
7. Consciente Colectivo
8. Comisión Argentina para Personas Migrantes y Refugiadas (CAREF)
9. Democracia en Red
10. Equipo Latinoamericano de Justicia y Género (ELA)
11. Fundación SES
12. Fundación Protestante Hora de Obrar
13. Fundación Mujeres x Mujeres
14. Fundación Igualdad
15. Fundación Ambiente y Recursos Naturales (FARN)
16. Fundeps
17.Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
18. Jóvenes por el Clima
19.Red argentina de abogacía comunitaria (RAAC)
20.Xumek

This is the slogan of our campaign that seeks to debunk myths about CSE, promote open debates and provide essential knowledge that allows students to exercise their rights and lead a healthy and fulfilling life.

“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 February 26, students from across the province of Córdoba will begin a new school year. Those who turn eighteen in 2024 will have the same number of years that will be counted in October from the enactment of Law 26,150, known as the Comprehensive Sexual Education Law (ESI). In this return to school, they hope that ESI will finally be implemented in their classes, so as not to continue being part of the 80% of students who consider that it is not applied adequately in their school, according to the data that emerges from a survey carried out by the Huésped Foundation.

“Comprehensive Sexual Education is an inalienable right of students throughout the country who attend both public and private educational establishments, as established by Law 26,150. Although this law has been in force since 2006, its effective compliance has not been achieved and, furthermore, today this right is threatened by strong disinformation campaigns that circulate both in public opinion and in institutional spaces,” explains Mayca Balaguer, executive director. from Fundeps.

Coinciding with the start of classes, at Fundeps we launch the ESI because Yes awareness campaign, with the aim of making adolescents and young people aware that Comprehensive Sexual Education is their right and that it must be guaranteed in all cases. With clear and precise information, the campaign aims to combat false news, myths and hate speech that circulate on social networks, generating confusion and false beliefs about the content and effective practices of the law in schools.

ESI because Yes, is intended mainly for secondary level students in the province, but also for teachers and educational authorities.

“The teaching role is fundamental: teaching sexual education is essential for the eradication of gender violence, the integration of sexual diversity, the prevention of sexual abuse, teenage pregnancy and sexually transmitted diseases, among other issues. ESI is not a gender ideology, but rather a systematic and transversal space for teaching and learning, which ensures the transmission of precise, reliable and appropriate scientific knowledge at each evolutionary stage of the students. Teachers are guarantors of rights,” defines Mayca Balaguer.

In Córdoba, the Provincial Education Law (9870) reinforces adherence to national regulations, both in content and knowledge and in values. However, impediments to its application continue to exist in many institutions. That is why we also bet on networking, together with other organizations committed to the promotion of human rights.

“Guaranteeing ESI is expanding rights. It allows students to be formed who are free in thought and choice, with empathy and the ability to live a full sexuality with respectful bonds, since the very definition of Comprehensive Sexual Education stipulated by Law 26,150 contemplates the articulation of biological, psychological, social, emotional and ethical aspects “, confirms our executive director.

The ESI because Yes campaign will be available on the social networks of Fundeps and allied organizations.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Civil society organizations write a letter to legislators asking them to focus on the immediate treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

“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 accordance with what is established by the National Constitution, the Executive Branch is prohibited from issuing legislative provisions. However, our fundamental rule allows that exceptionally, and in accordance with certain requirements, the tool of decrees of necessity and urgency (DNU) be used.

These types of decrees are admissible only when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the sanction of the laws. That is, the DNUs proceed when the situation is of such urgency that it must be resolved immediately, within a period incompatible with that required by the normal parliamentary procedure.

It is evident that the foundations of Decree 70/2023 do not meet the requirements for the issuance of a standard of this nature. There are no sufficient arguments to explain the circumstances of force majeure that prevent the chambers of Congress from meeting, nor is it proven that the solution required is incompatible with the legislative debate. In fact, before the decree came into force, the Executive Branch called extraordinary sessions, and today Congress is in session. Furthermore, the causal relationship between the identified problems and the measures available is not explained.

Far from understanding the nature of the tool, DNU 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones. Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system. In this sense, it must be remembered that, as our Supreme Court of Justice pointed out, “the National Constitution does not allow a discretionary choice between the sanction of a law or the more rapid imposition of certain material contents by means of a decree”.

On the other hand, it is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, economy and finance, among others. These modifications affect the individual and collective rights of millions of people, many of whom are already before the courts demanding their suspension and inapplicability for themselves or for the groups they represent.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity is determined taking into account the adequacy of these to the established formal and substantial requirements. constitutionally for its dictation.

Having expired the deadlines established in Law 26,122 for the opinion of the Permanent Bicameral Commission, Congress has the duty to rule on the decree. For this reason, we ask the legislators of both chambers of the National Congress to dedicate themselves to its express and immediate treatment, and reject it for not satisfying the constitutional requirements.

The silence, the wait, the calculations associated with political gain imply an implicit endorsement of a conduct that ostensibly goes beyond the contours of our fundamental norm. In defense of the Constitution, the system of checks and balances, justice and legal security, Congress is called to ensure that the Executive Branch operates within the limits of the rule of law. The duty to our National Constitution and to citizens must prevail over any other consideration.

 

Organizations:

  • Asociación Civil por la Igualdad y la Justicia (ACIJ)
  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género
  • Fundeps
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación Ambiente y Recursos Naturales (FARN)
  • Jóvenes por el Clima
  • Hora de Obrar
  • Instituto Latinoamericano de Seguridad y Democracia
  • Asociación Civil para la promoción y Protección de los Derechos Humanos (Xumek)
  • Abogados y Abogadas del NOA en Derechos Humanos y Estudios Sociales (ANDHES)
  • Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
  • Centro para la Implementación de los Derechos Constitucionales (CIDC)
  • Democracia en Red
  • Centro de Políticas Públicas para el Socialismo (CEPPAS)