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The fight for decent food in Argentina: perspectives and challenges

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

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Opening of sessions: it is urgent that Congress reject DNU 70/2023

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

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ESI because Yes, guaranteeing Comprehensive Sexual Education is expanding rights

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

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The National Congress must treat DNU 70/2023 urgently and reject it for violating the National Constitution

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)
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Democracy is cared for inside and outside Congress

The forms of deliberation, public demonstration, journalistic work, the restriction of state violence, are all necessary conditions for social and political coexistence within the framework of democracy.

“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 police operation deployed in front of Congress, while it was in session, was violent and excessive, outside the current regulations for action in response to demonstrations. It was organized by the Ministry of National Security, with an excessive deployment of different forces that caused injuries from rubber bullets, irritating gases with an unprecedented capacity for damage, and blows from tonfas. In a historical regression, there were police with firearms, something that had been avoided in all governments more than 20 years ago. The police intimidated older people, left around thirty journalists with injuries of varying severity, and attacked human rights defenders and protesters from different political sectors. Threatening freedom of expression and demonstration, it advanced in the streets, on the sidewalks and in the plaza.

Within Congress, the regulations are violated: days of debate pass on an opinion that is not known, which is being written outside the committees as the sessions progress. These irregularities, in the face of society, deteriorate the institutions. Furthermore, as expressed in the bill, the delegated powers requested by the Executive Branch could impact legislative paralysis and expanded margins of arbitrariness given the vague, general and elusive way in which they are expressed.

The democratic conditions of debate and coexistence are today deeply tense and rarefied. While legislators debate the destiny of the country and its economic and natural resources in record time, the highest officials publish messages that celebrate and encourage police violence and violence by particular groups.

We call on political parties, all authorities with public responsibilities and the different sectors of the community to make an urgent call for respect for the rights that are being violated, for democratic coexistence, in appropriate institutional terms and without repression.

Signing:

Andhes (Abogados y Abogadas del Noroeste Argentino en Derechos Humanos y Estudios Sociales)

Asociación Ecuménica de Cuyo (FEC)

ELA (Equipo argentino de justicia y género)

Fundeps (Fundación para el Desarrollo de Políticas Sustentables) 

CELS (Centro de Estudios Legales y Sociales)

Fundación Protestante Hora de Obrar

Asociación para la promoción y protección de los Derechos Humanos Xumek

Fundación SES

Fundación Ambiente y Recursos Naturales (FARN)

CAREF – Comisión Argentina para personas Refugiadas y Migrantes

Consciente Colectivo

Red Argentina de Abogacía Comunitaria (RAAC) 

Campaña Argentina por el Derecho a la Educación (CADE)

Introducing our new Executive Director

We are very happy to announce that Mayca Balaguer is the new Executive Director of Fundeps from the beginning of 2024.

“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”.

Mayca Balaguer is a lawyer with a solid academic background, standing out as having a Diploma in Gender Studies, women’s movement and politics in Latin America, as well as a Master’s Degree in Procedural Law. Her commitment and dedication made her a great companion and reference on issues related to access to sexual and (non) reproductive rights in the province of Córdoba.

Since her start at Fundeps in 2015 and over the years, she has coordinated both the area of ​​Gender and Sexual Diversity and Legal Affairs, contributing to the development and strengthening of each one.

We are convinced that Mayca will continue to contribute all its experience in coordinating the activities of the foundation and a team of people who work towards a more just, equitable, sustainable and democratic society.

In turn, with deep gratitude, we say goodbye to Carolina Tamagnini, who has accompanied us since 2014 at Fundeps with different leadership roles. Their commitment, work capacity and strategic vision allowed us not only to strengthen Fundeps internally, but also to enhance our research actions, political advocacy, training and networking. As a professional, we know that in his next projects he will continue to inspire with his dedication and leave his mark on every challenge he faces.

Every change marks the beginning of new opportunities. Starting a year full of new challenges and projects in a challenging context, we wish you both the best. May this new chapter be a journey of learning, collective work and success, and may each effort contribute to the defense of human rights.

Thank you Caro and congratulations May for this new rol.

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Representatives of civil society meet with president of the IDB

Representatives of civil society meet with the president of the IDB to address challenges for sustainable and inclusive development in Latin America. At the meeting, recommendations were presented to the bank to strengthen the promotion of sustainable development in the region.

“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”.

25 civil society organizations from Latin America that are part of the IDB Working Group, among them Fundeps, met on Friday, November 10, with the president of the Inter-American Development Bank (IDB) Ilan Goldfajn, with the purpose of strengthening dialogue and identify opportunities to bring the institution closer to the populations of the region it tries to serve.

The representatives of civil society presented to President Goldfajn recommendations to strengthen the link with civil society and communities impacted by IDB projects and recommendations to consider in the IDB’s 2023-2030 Institutional Strategy, which is in the process of being prepared. President Goldfajn then opened the floor to listen to specific topics of interest from different member organizations of the group.

The IDB Working Group described the meeting as a positive sign from the bank’s new administration, in the sense of an openness and willingness to strengthen dialogue with civil society. The meeting with President Goldfajn follows a previous meeting that took place during the 2023 IDB Annual Meeting held in March in Panama, and a meeting with the IDB Country Vice President, Anabel González, during the Common Finance Summit that took place in last September in Cartagena de Indias, Colombia.

“These spaces for dialogue represent a sign of the bank’s rapprochement with civil society”, said Carolina Juaneda, from the Bank Information Center, coordinator of the Working Group on the IDB. According to Ivahanna Larrosa, regional coordinator of the Coalition for Human Rights in Development, “the general perception is that it was a good meeting to present our messages and move forward in improving the bank’s dialogue with civil society.”

Civil society representatives pointed out that the IDB Group’s 2023-2030 Institutional Strategy must promote a fair, community-based energy transition that puts people and the environment at the center. Other recommendations of the Working Group were that the bank: comply with the highest environmental and social standards and respect for human rights in its activities and the projects it finances, prioritizing and strengthening the implementation of the Environmental and Social Policy Framework (MPAS), and improving upstream planning to identify suitable projects; prioritizing quality investments, redoubling the principles of good governance, especially transparency, access to information, participation and accountability; strengthen your commitment to the impacted communities, guaranteeing comprehensive reparation to people; ensure a responsible exit from unsustainable projects and operationalize the commitment not to tolerate retaliation.

Civil society organizations seek substantive participation in the IDB Group Annual Meetings that will be held in March 2024 in the Dominican Republic. The opening of President Goldfajn and his team to work towards greater interaction of organizations and communities in the region, with the Bank’s administration and teams, is celebrated.

About the IDB Working Group

The IDB Working Group is a group of more than 60 civil society organizations, both from the region and internationally, that influence the IDB Group, promoting the highest environmental, social and human rights standards. supporting communities adversely impacted by projects financed by the bank. Some of its members have been working for three decades to strengthen the IDB’s processes of participation, transparency, access to information and respect for human rights.

 

More Information

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Care as an autonomous human right: contributions for its interpretation

We present three amicus curiae before the Inter-American Court of Human Rights to offer some considerations regarding care as a human right. Our participation was part of a collective process that synthesizes specialized knowledge.

“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, the Argentine State asked the Inter-American Court of Human Rights (IAC Court) to issue a ruling regarding “The content and scope of the right to care and its interrelation with other rights.” What motivated this request, according to the different ministries involved, was the opportunity to address gender inequalities by building more fair and equitable standards in terms of care.

Based on this request, the Inter-American Court will issue an Advisory Opinion, previously allowing the involvement of other actors in the interpretative process of this right. At Fundeps we have taken part, along with other spaces, in the construction of a judicial tool called amicus curiae, which enables voluntary participation through a technical-legal opinion. Likewise, we have adhered to the documents prepared by the CLACAI Legal Network and the Red DESC.

This collective work process brought together activists, professors from Latin American and European universities, people from academia and experts from different committees, feminist and human rights organizations. The document presented seeks to provide elements to the court regarding care as a human right: to care, to be cared for, and to self-care.

The document reconstructs the conception of care as a need that transcends interpersonal relationships, in order to consider it “as an inherent process linked to the sustainability of life and well-being.” From this position, the amicus maintains the right to care as an autonomous right that, at the same time, maintains interdependencies with other rights. Thus, considerations were offered regarding its connection with the right to health, sexual and (non) reproductive health, sexual diversity, social security, a healthy environment, the territories and the city. Furthermore, the amicus explained the importance of having systems of indicators – quantitative and qualitative – of human rights, which allow States to produce complete and systematized information, for monitoring compliance with the right to care.

Regarding the enforceability of the State’s obligations, it was stated that the respect, protection and fulfillment of women’s right to non-discrimination and the enjoyment of equality is an obligation derived from this autonomous right. However, it was expressed that it becomes necessary to take into account, from an intersectional perspective, those obligations derived from the right to care in sectors most exposed to vulnerability: people with disabilities and mental health problems, migrants and indigenous peoples.

As a point to highlight, our presentation also raised the importance of community care work, establishing that it takes particular forms in soup kitchens and soup kitchens, picnic areas, kindergartens, medical rooms, among others, to face economic crises. In this sense, the organization mainly of women and dissidents in territories where social inequalities are evident, this type of care allows social reproduction and the sustainability of life.

In conclusion, we maintained that the right to care is an autonomous right that must be guaranteed by States under conditions of universality, equality and non-discrimination. This means the revaluation of care as an independent right that requires both enforceability towards the State, as well as co-responsibility and distribution, involving both society as a whole and the market.

 

See Amicus Curiae

See Amicus Curiae – Red DESC

See Amicus Curiae – CLACAI

 

Author

Carola Bertona

Contacto

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

Marcos Juárez: we present a protection for the use of pesticides in populated areas

Together with the community of Marcos Juárez we presented an environmental protection in the Córdoba Justice Department. We request that the current ordinance on agrochemicals be modified with the objective of expanding the protection zone, compliance with controls and the functioning of the Advisory Commission on the Environment be made effective.

“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 application of agrochemicals in Argentina continues to be one of the main environmental problems and leads to serious contamination of water, soil, air and consequent damage to biodiversity and people’s health.

There are thousands of scientific studies around the world that prove the toxicity of these products and their link with the development of chronic diseases that affect adults and mainly children. Among them are: abnormal neurological development, cancer, increased incidence of non-hodking lymphoma, a condition in the human placenta with a probable impact on the development of abortions.

The problem of agrochemicals is no longer limited only to rural communities who see their homes, hospitals and schools fumigated daily, but affects millions of people in our country. As an example, the organization Democracia en Red, within the framework of the Pesticides Introduced Silently (PIS) project, analyzed 200 urine samples in the towns of Lobos, Saladillo, Barrio Nicole (La Matanza), Mar Chiquita and the City of Buenos Aires. Aires. The results showed that in all districts there were positive cases for glyphosate.

At Fundeps we have been addressing this problem for some time, developing and implementing different strategies to achieve adequate public policies to guarantee socio-environmental sustainability. In that sense, in 2019 we published our Agrochemical Emergency website where we systematized the immensity of socio-environmental conflicts that occur in our province from the use/misuse of agrochemicals, we also provide tools so that communities can claim for their rights. Simultaneously, we develop models of ordinances that propose restrictions on the use of these products and the creation of protection zones, seeking to promote local advances to improve the quality of community life.

Following this path, in the month of May we presented a first environmental protection for contamination with agrochemicals in Colonia Tirolesa, a process where even and despite the scientific evidence about the various health problems that the community continually suffers, no solution has been found.

Marcos Juárez: what happens with pesticides?

Marcos Juárez is a town located in the southeast of the province of Córdoba, an area known for its economic growth linked to agricultural exploitation and agroindustry, which uses large quantities of chemical products such as fungicides, herbicides, insecticides and despite the fact that Marcos Juárez has With ordinance 2446, which regulates the use and application of chemical and biological products for agricultural use and which the Municipality adheres to Provincial Law 9140, a large part of the population is exposed to these products on a daily basis.

The Marcos Juárez Ordinance arose from a process of collective struggle in 2010, when members of the community organized against the excessive fumigation with agrochemicals due to the social and health consequences caused by this form of production and that was intensifying over time. This ordinance represented a true historical milestone for Córdoba, since it establishes environmental protection zones for the application of agrochemicals. However, over the years the community began to observe that this regulation is insufficient. Added to this is the fact that the Municipality is unable to enforce compliance with this regulation (there are dozens of complaints for violations).

In this context, in 2015 the Genetics and Environmental Mutation Group belonging to the Department of Natural Sciences of the University of Río Cuarto, headed by Dr. Delia Aiassa, evaluated the level of damage to the genetic material in children exposed to pesticides. in the town. The study shows that of the total number of exposed children, 20 (40%) presented persistent symptoms of various kinds. On the other hand, he maintains: “In the case of a relatively small city, this result shows that the sprays could reach (by air) the entire town and that the vulnerable population of children is subjected to extremely high and continuous exposure, givenwho lives surrounded by crops. Taking into account that there are no differences between the groups of children under study in terms of spray distances up to a maximum of 1095 m, this information should be taken into account when establishing environmental safeguards in localities that are surrounded by crops where spraying is carried out”.

From there, and considering that the ordinance establishes distances that are well below what is recommended, for example in some high risk areas (art. 4) the exclusion zone of 150 meters (when in other locations it is 1500 meters), the community organizes itself again and begins a long journey of demands to safeguard their lives and those of their children.

In this framework, at Fundeps we began to support this legitimate claim and after a long journey we decided to go to court in search of solutions.

The Environmental Protection Action

For these reasons, by virtue of the precautionary, preventive and intergenerational equity principle, on November 27 we presented an environmental collective action before the Córdoba justice system requesting, among other things:

  • The creation of an environmental protection zone no less than 1,095 meters away from the external limit of populated areas, where terrestrial fumigation is prohibited.
  • And an environmental protection zone of no less than 3000 meters where fumigation of areas with any type of chemical or biological product for agricultural use is prohibited.

The purpose of this action is to safeguard and protect the rights of those who live in the town. We hope that justice, making use of the powers granted by environmental legislation, will quickly order the Municipality of Marcos Juárez to adopt concrete and urgent measures. This is essential to safeguard the community’s rights to life, health and a healthy environment.

 

Authors:

Katen Moldes and María Laura Carrizo

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org

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We accompany La Casita Trans in a lawsuit for discriminatory content

In June of this year, La Casita Trans filed a lawsuit in the jurisdiction of violence against the Medical Council for offering training with pathologizing content. From Fundeps we present an amicus curiae in the case.

“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”.

La Casita Trans is a Civil Association of Córdoba that accompanies trans identities and their families. Through different actions they fulfill one of their fundamental objectives: working for the recognition and protection of their rights. They are also a center of support and reference, with a focus on trans masculinities.

At the beginning of this year, through publications on social networks of the Medical Council of the province of Córdoba about training aimed at health professionals, the entity promoted an update program that has a module named “Gender Dysphoria.” La Casita intervened by filing a complaint with INADI, requesting rectification of the training since, with that name, it violates current laws and contains violent and discriminatory content against trans identities.

Given the lack of agreement and appropriate response from the Medical Council, the organization filed a lawsuit to prevent this training module from being carried out. The case is pending before the 3rd Nomination Court of Children, Adolescence, Family and Gender Violence of Córdoba.

At Fundeps we intervened through an amicus curiae in which we confirmed that the pathologization of trans identities violates current legislation, the timeliness of scientific information and constitutes a type of violence. It is particularly dangerous that the entity that regulates and supervises the medical profession in our province dictates training with outdated scientific content. It must be taken into account that the organization is in charge of training professionals who will then reproduce said learning in doctor-patient relationships, with the risk of generating situations of violence, discrimination and violation of human rights.

The current international and national provisions, which in our country have been pioneers and avant-garde in the matter, are essential for the protection and recognition of the human rights of diversities. Therefore, judicial interventions that seek to guarantee its respect and avoid future violations are a key tool to ensure compliance.

In a socio-cultural context that still strains the human rights of people from the LGBTIQ+ community, it is necessary to act against symbolic violence. These violations are directly related to hostile treatment in the field of health, which influences trans people to avoid it so as not to be (re)victimized.

The State, private entities and society must focus on supporting the diversity of gender experiences, celebrating the identity of each person and creating inclusive spaces that promote the well-being and safety of trans people.

See Amicus curiae

 

Autora

Luz Baretta

Contacto

Mayca Balaguer, maycabalaguer@fundeps.org

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Public Budget in Córdoba: reflections on the Public Hearing

The Executive Branch of the province of Córdoba presented the 2024 budget bill. On November 9, we presented ourselves at the Public Hearing held in the Legislature.

“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”.

Like every year, the following year’s budget bill is presented. This 2023, due to the elections, the times were brought forward and the project was presented on October 24, something that usually happens on November 15. After being presented, the project is discussed in several Commissions and approved in two legislative sessions, called 1st and 2nd reading. And in between, a Public Hearing is held.

From Fundeps we presented ourselves to the Public Hearing last Thursday, November 9. In this sense, it is noteworthy that starting this year, all the information related to the debate on the 2024 public budget law, with the project and its complementary documents, as well as with the calendar of sessions, dates of the Commission sessions and the Hearing. In addition, the way to register through a web form was improved compared to other years. Yes, we must note that it would be very useful for future occasions to publish the Commissions that meet on each date and to allow external participation, even if it is from listeners. Currently, committee sessions are uploaded to the Legislature’s YouTube channel after they happen.

At the hearing, we made some general observations that we understand make it possible to better analyze the budget and comments on a program related to Water and Sanitation. First of all, we explained that the descriptions of the Budget Programs are very generic and it is necessary that they be accompanied by physical goals and both quantitative and qualitative indicators, for the purposes of their monitoring. In the case of Program 572 analyzed, its content remains the same since its creation in 2018. In the case of the Works, contained in the Public Investment Plans, they are not directly described, at least in the budget documents. Then, we move on to explain Program 572 on Water and Sanitation, which is made up of two subprograms, one related to Drinking Water and the other to Sewage Liquids and Sanitary Services. In both cases we observe their evolution and behavior in the years 2022, 2023 and how they are projected in 2024. In that sense, in the two subprograms the same trend of sub-executions is observed in the year 2022 (32% and 53% respectively). , greater execution in the current year (87% and 75%) and a decrease in the budget allocation for 2024. More notable in the first subprogram than for the second. In that sense, we appeal that these programs be observed by the Legislators present, in view of budget approval in the second session on Wednesday, November 15.

A budget that guarantees rights, such as in this case drinking water and sanitary services that directly impact the rights to health and a healthy environment, is governed by the principles of progressivity and non-regression, in which care must be taken that In the allocation of resources there are no setbacks, avoiding cutting or reducing the levels reached.

Participation in the audience was very varied. There were Professional Associations (such as Lawyers or Notaries), civil housing associations, social sports, companions of children in vulnerable situations, among other actors. This shows that, although this instance is extremely valuable and allows a direct approach by the authorities to problems that bring together different social actors, it also reveals the lack of more spaces for participation. So that people and citizens who often face and solve public problems can channel their demands more effectively. This could be resolved with periodic hearings or greater social participation in the thematic commissions of the Legislature.

It is extremely important that these spaces become increasingly accessible, open and widespread. This is key so that the greatest number of social actors can approach and present their points of view and observations in the development of public policies that directly affect them.

More information

You can consult the entire Public Hearing here, and our participation in the minutes: 2:55.50 – 3:06.20.

Related notes Public budget:

Contact

Victoria Sibilla, ninasibilla@fundeps.org

Ícono de validado por la comunidad
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The Asian Bank approved its first infrastructure project in Argentina

From September 25 to 26, in Sharm El Sheikh, Egypt, the eighth Annual Assembly of the Asian Infrastructure Investment Bank (AIIB) was held, an event that brings together its members, business representatives and civil organizations to discuss the direction strategy and initiatives of the organization. At this meeting, the AIIB announced the approval of the first loan in Argentina, intended to finance a wind farm in Tierra del Fuego.

“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 main objective of the Annual Assembly is to share the Bank’s progress and receive suggestions regarding its strategic direction and operations. It also provides information and encourages exchanges on policies and projects financed by the AIIB in terms of social and environmental impact.

The central theme of the 8th Assembly was “sustainable growth in a challenging world” and highlighted the importance of addressing the global climate agenda and supporting key infrastructure demands for AIIB member countries. The meeting program covered a variety of Thematic topics that include the latest trends and priorities of the Bank. The public sessions were grouped into three thematic streams: sustainability, connectivity and multilateral cooperation. They addressed issues related to the development and implementation of sustainable environmental infrastructure, as well as the promotion and strengthening alliances that improve infrastructure connectivity both in Asia and in other regions.

First AIIB project in Argentina

A particularly relevant event for Argentina was the announcement, during the event, of the approval of the project called “Energy transition of the province of Tierra del Fuego” for an amount of 65 million dollars. This project marks a milestone, as it represents the first financing granted to Argentina as a member of the Bank, which it officially joined in March 2021. The funds will be used for the construction of a wind farm near the city of Río Grande. . According to the AIIB, the main objective of the project is to establish the wind energy generation capacity in the province of Tierra del Fuego and it “is aligned with the objectives of the Paris Agreement and the Nationally Determined Contributions of Argentina, for which will help reduce greenhouse gas emissions and increase the adoption of renewable energy.” This initiative arises from the need to take advantage of the wind resources that the province has and the lack of interconnection in local networks for the materialization of projects of such magnitude.

However, it is important to highlight that given the scarcity of information about the project, it is essential to analyze in depth how the project will be carried out, and what the true implications could be in terms of socio-environmental impacts. For this reason, at Fundeps we are monitoring this project and have made a request for information to the AIIB about details that are not yet clear. For example, although an Environmental and Social Management Plan (PMAS) and a Stakeholder Participation Plan (PPPI) have been published on the Bank’s website, the documentation related to the Environmental Impact Assessment is not yet available. and Social, the Environmental and Social Due Diligence Report or information related to the public hearings planned for the project, among other relevant documentation.

This information is key to identifying the real impacts of the project and verifying whether access to information about the project and the participation of the local population is effectively ensured. In turn, another aspect that raises doubts is the role that the CAF (current Development Bank of Latin America) will have in relation to the project, since it has been presented as a co-financed project between both multilateral institutions.

Author

Candela Jauregui

Contact

Gonzalo Roza, gon.roza@fundeps.org