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Civil society organizations and academics reject before the Senate the candidacy of Lijo and García-Mansilla to the CSJN

Gides (Social Rights Research Group), Fundeps (Foundation for the Development of Sustainable Policies), El Telar and Católicas por el Derecho a Decidir Argentina we appear before the Chamber of Senators of the Nation to explain the reasons why we consider that The candidates to fill the vacancies in the Supreme Court of Justice of the Nation, Ariel Lijo and Manuel García-Mansilla, do not meet the conditions required to integrate the highest body of justice in our country.

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

As academic and civil society organizations with a long history in the field of human rights, we understand that the Supreme Court of Justice of the Nation, as the main guarantor of the National Constitution and the Rule of Law, can only be made up of people whose experience reflects strong suitability and independence, as well as a firm commitment to constitutional principles and human rights.

Ariel Lijo faces serious accusations in the Judicial Council, including negligence in the investigation of corruption cases, unjustified delays in legal processes and accusations of illicit enrichment, in addition to criminal charges for illicit association, money laundering, bribery and influence peddling. . Furthermore, he lacks professional or academic merits to support his candidacy.

For his part, Manuel García-Mansilla holds an ideological position that could affect the defense of human rights and the international commitments assumed by our country. During his career, he has questioned the hierarchy of international human rights treaties signed and ratified by Argentina. She has also expressed her opposition to the right to abortion, even in cases where the pregnancy is the result of rape. Its incorporation into the highest body of justice of the Nation implies a serious risk for the guarantee of the rights of women and pregnant people.

Likewise, we express our deepest concern about the flagrant lack of representation of various sectors of society in the potential composition of the Supreme Court. The inclusion of new members should reflect gender diversity and thematic and regional specialization, to ensure adequate representation of a federal country like ours. It is necessary to emphasize that gender diversity in public positions and decision-making bodies is a legally binding requirement derived from our constitution and international treaties.

Furthermore, on this occasion some organizations sent questions and concerns for the candidates to answer publicly, as enabled by the procedure of the Upper House.

The questions presented to García Mansilla include: How do you justify your candidacy to the Supreme Court in a context where equal gender representation is required and your appointment would perpetuate the underrepresentation of women on the court? What concrete actions have you taken to advance women’s rights and diversities in your career? While the questions asked to Lijo were: How can her candidacy contribute to equitable gender representation in the Supreme Court of Justice of the Nation? How do you guarantee transparency and ethics in your judicial decisions?

In these contexts, we believe it is essential that the Senate consult the candidates along the lines expressed here, as well as investigate in detail the crucial points that we have noted in our challenges.

We demand that the Senators rise to the occasion, and NOT agree to the approval of these candidacies in defense of Human Rights and the highest values ​​of justice.

Ícono de validado por la comunidad
Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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They ask the Senate to guarantee a composition of the Supreme Court that includes women

Given the absence of women in the presidential proposal to fill the vacancies in the Supreme Court of Justice of the Nation, a group of 12 civil society organizations sent a letter to the president of the Agreements Commission of the Chamber of Senators, Guadalupe Tagliaferri, so that the public hearing for the appointment of the two male judges proposed by the Executive Branch does not begin because it is unconstitutional and discriminatory based on gender. Likewise, it implies a strong setback in the diversity that the highest court must have, with a serious impact on its legitimacy.

“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 all of Argentine history there were only three women in the Court compared to 104 men. Instead of reversing this alarming reality, the Executive Branch decided to integrate this court only with men. Today it is the Agreements Commission of the Upper House, the body that has the historic opportunity to prevent us from having an absolutely male Court for at least 7 years, leaving out women who meet the conditions to occupy that position and reinforcing the stereotypes that block their access to places of power and decision-making.

The moments of greatest political participation of women in these spaces also coincided with important advances in gender matters. The creation of the Court’s Women’s Office and the Domestic Violence Office, fundamental organizations for documenting and reversing discrimination and violence, took place when Carmen Argibay and Elena Highton de Nolasco were part of the highest judiciary.

An equal integration of the Supreme Court and equal access to public positions, especially in hierarchical and power bodies, are political rights of women and the State has the obligation to make them effective, in accordance with the commitments assumed in international rights treaties. humans with constitutional hierarchy. Likewise, Decree 222/03 includes these standards for the process of appointing judges to the Court and establishes that a diverse gender composition must be promoted when defining appointments.

Although in the Argentine Judiciary 57% of the staff is made up of women, they occupy only 31% of the positions of judges in the national and federal justice system and only 29% of the highest authorities there.

It is the duty of the Executive Branch to propose women for the Court who have the qualities, suitability and commitment to the rights required for such a function and, of the Legislative Branch, to promote and ensure that said obligation is fulfilled.

For this reason, Amnesty International, the Latin American Justice and Gender Team (ELA), the Women’s Network for Justice, the Foundation for the Development of Sustainable Policies (Fundeps), Women in Equality (MEI), the Foundation for Study and Research of Women (FEIM), Fundación Poder Ciudadano, the Center for Justice and International Law (CEJIL), the Institute of Comparative Studies in Criminal and Social Sciences (INECIP), the Center for Legal and Social Studies (CELS), the Civil Association for Equality and Justice (ACIJ), the GQUAL Campaign and the Association for Civil Rights (ADC), ask the Senate not to begin the discussion of the specifications to appoint two judges to the Court in order to guarantee gender equality in the Argentine Justice.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

 

*Image taken from a publication of the Gender with Class Foundation

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Serious setback in access to justice: they order the closure of 81 care centers throughout the country

Yesterday, June 10, a resolution from the Ministry of Justice was published in the Official Gazette ordering the dissolution of 81 Access to Justice Centers. In this way, there will be only one Center per province and remote care will be privileged, which dismantles a primary legal care system linked to decentralizing and breaking down the geographical barriers that the most vulnerable people face when accessing justice. Civil society organizations and different people and institutions committed to access to justice agree on the loss that the reduction of this service means.

“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 15 years, the Access to Justice Centers (CAJ) have been extended as a federal policy throughout the country that brings answers to all citizens, but particularly to the most vulnerable groups in society. The focus is precisely on popular neighborhoods and/or rural areas, places that historically have had greater barriers to accessing their rights. CAJs are devices that provide primary legal care: it is about providing services that specifically address the daily legal needs of vulnerable communities: access to personal documentation, advice on family or work issues, assistance to crime victims, among others. issues. It is the first line of care, located in the territories, that allows removing historical barriers linked to the distance between those most vulnerable people and the state responses they require.

The traditional institutions of the justice sector do not deal – or arrive very late, in a fragmented manner and through long, rigid, winding, expensive and generally ineffective paths – to provide answers to many of the problems that communities face. Faced with this, having decentralized centers, with a territorial approach, that can fully accompany people in resolving the needs they experience is essential.

According to data from the Ministry’s own website, from 2016 to 2022, the Access to Justice Centers attended more than 1,300,000 queries.

What is the current situation of the CAJs?

According to official information from the Ministry of Justice provided in response to a request for access to information made by the Civil Association for Equality and Justice (ACIJ), six Centers had been closed so far this year (going from 109 to 103 ). However, today, a resolution from the Ministry of Justice was published in the Official Gazette that resolves that there will be only one Center per province and remote care will be privileged, which violates a first principle of primary legal care linked to decentralize and break down the geographical barriers that people face. At the same time, it does not take into account the need for support that the most vulnerable people face or the technological barriers.

The cost of Access to Justice

Simultaneously with the announcement of the Official Gazette, the Executive Branch issued a statement that ignores, on the one hand, the most basic premises of access to justice and, on the other, some obvious facts such as that in Argentina there has been no Ombudsman for a long time. 15 years or that the Crime Victim Assistance Centers (CENAVID) operate precisely in the CAJ or remotely through telephone service.

In the same statement, reference is made to the cost that this policy has for the country. The first thing to say is that it is not possible to verify the figure of 8 billion pesos that the Ministry of Justice mentions regarding the cost of maintaining the CAJs. However, it is necessary to highlight that, if that were the correct number, it would correspond to only 0.01% of public spending. In comparative terms, it is equivalent, for example, to 8% of the tax benefits granted to the Mercado Libre company in 2023 or 0.18% of what Argentina has paid in external debt services so far.

At the same time, it is important to highlight that the use of the law by people in situations of greater vulnerability and early attention and resolution
of legal consultations and conflicts result in better economic results in general, avoiding the loss of resources and the aggravation and escalation of the problems they face. Investment in Access to Justice ends up reducing State expenses. Currently, international organizations such as the OECD encourage the implementation of this type of device, in part, with arguments of this type.

Concern about the current situation is transversal. Civil society organizations and different people and institutions committed to access to justice agree on the loss that the reduction of this service means. In the current situation of socioeconomic crisis, these territorial and people-centered policies are a fundamental instrument for effective access to justice.

FIRMS

  • ACIJ – Asociación Civil por la Igualdad y la Justicia
  • ELA – Equipo Latinoamericano de Justicia y Género
  • INECIP – Instituto de Estudios Comparados en Ciencias Penales y Sociales
  • CELS – Centro de Estudios Legales y Sociales
  • Fundeps
  • Capibara
  • Xumek
  • RAAC – Red Argentina de Abogacía Comunitaria
  • Curas Villeros
  • Andhes – Abogados y Abogadas del Noroeste Argentino en derechos humanos y
    estudios sociales.
  • Observatorio de justicia sanitaria y climática

About access to justice

Access to justice is an internationally recognized human right and is also considered instrumental, that is, it allows access to others rights. It includes guaranteeing the effectiveness of the rights of all people, which includes not only being able to access judicial actions but not finding non-judicial, administrative and alternative responses to conflicts that affect people’s daily lives.

Contact
Mayca Balaguer, maycabalaguer@fundeps.org
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Protection against gender violence is a commitment to the entire society

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.

“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”.

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

Descargar Documento / Download File
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Civil society organizations and academics reject the candidacy of Lijo and García-Mansilla to the CSJN

Gides (Social Rights Research Group), Fundeps (Foundation for the Development of Sustainable Policies) and Católicas por el Derecho a Decidir Argentina presented ourselves to the Ministry of Justice of the Nation to explain the reasons why we consider that the candidates for fill the vacancies in the Supreme Court of Justice of the Nation, Ariel Lijo and Manuel García-Mansilla, do not meet the conditions required to integrate the highest body of justice in our country.

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

As academic and civil society organizations with a long history in the field of human rights, we understand that the Supreme Court of Justice of the Nation, as the main guarantor of the National Constitution and the Rule of Law, can only be made up of people whose experience reflects strong suitability and independence, as well as a firm commitment to constitutional principles and human rights.

Ariel Lijo faces serious accusations in the Judicial Council, including negligence in the investigation of corruption cases, unjustified delays in legal processes and accusations of illicit enrichment, in addition to criminal charges for illicit association, money laundering, bribery and influence peddling. . Furthermore, he lacks professional or academic merits to support his candidacy.

Likewise, we express our deepest concern about the flagrant lack of representation of various sectors of society in the potential composition of the Supreme Court. The inclusion of new members should reflect gender diversity and thematic and regional specialization, to ensure adequate representation of a federal country like ours. It is necessary to emphasize that gender diversity in public positions and decision-making bodies is a legally binding requirement derived from our constitution and international treaties.

For all of the above, we reject the candidacies of Ariel Lijo and Manuel García-Mansilla to the CSJN. We demand that constitutional guarantees be respected to achieve an equitable composition that takes into account regional and gender diversity, as well as the minimum conditions of professional experience required to occupy one of the most important positions of justice in our country.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Various sectors of Córdoba met to talk about the rollback of rights

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.

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We launched the guide for reflection and transformation “Rethinking the economy: a feminist perspective”

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

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WE SAY AGAIN: NO TO THE BASE LAW

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

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Actions that transform: see our Annuary 2023

We are proud to share the 2023 Yearbook, a review of our work, achievements and lessons learned over the past year.

During 2023 we carried out a variety of actions. From advocacy meetings and court filings, to research, conferences and workshops, communications campaigns and more. Each action reflects our determination to transform society and defend human rights.

In addition, at the end of last year, we experienced a major change in our leadership. Carolina Tamagnini, who has led Fundeps for the past 4 years, stepped down as Executive Director to join the Board of Directors and in her place, Mayca Balaguer took over as the new Director.

This change marks not only a transition in leadership, but also a moment of institutional strengthening and renewal, consolidating a dynamic team capable of responding to emerging demands, growing both institutionally and in impact.

What began as an initiative in 2009, today has become a solid organization involved in the defense of human rights, and in 2024. We celebrate 15 years!

Because we are confident that the best way to carry out our work is in a network and collectively, we thank the organizations, communities and individuals who were part of these initiatives. We celebrate with you our progress and invite you to get to know the Yearbook 2023: the collective memory of our commitment to a more just, equitable, sustainable and democratic society.

 

VIEW ANNUARY 2023

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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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Two OTP opinions and the Supreme Court’s responsibility to act according to law

Two opinions of the Attorney General’s Office of the Nation admit the legitimisation of two groups representing the ‘collective of unborn persons’, against the Constitution, national laws and Court rulings. However, they pave the way for the courts to attack the right to termination of pregnancy. Joint press release.

During the last week, Laura M. Monti, Deputy Attorney General of the Attorney General’s Office, signed two opinions in the same vein. In them, she recognises the legal standing of a group of citizens and a civil association to represent the so-called ‘unborn persons’ before the judiciary. This is an interpretation that is not supported by jurisprudence: no court has ever recognised in a final judgement the possibility of collective representation of ‘unborn persons’.

Monti issued these rulings in two cases: one led by Cristina Fiore Viñuales and the other by the organisation Portal de Belén, both initiated to question the constitutionality of the Law on the Voluntary Interruption of Pregnancy. In both cases, although it claims to follow the law, it departs from the jurisprudence of the Supreme Court of Justice of the Nation on collective representation. Also in both cases, the petitioners seek to turn what is in fact a general disagreement with the law into a ‘case’ (to be discussed in the courts).

Monti relied on art. 1 of Law 26.061 on the Integral Protection of Children to sustain standing. In this way, he distorted the meaning of the law and devised a sort of ‘popular action’ that would allow any citizen to bring an action outside of a specific case. Not only that, but it also equated ‘unborn persons’ with children and adolescents.

At the same time, in its rulings it decided not to take into account the requirements of article 116 of the National Constitution, the National Code of Civil and Commercial Procedure and the Court’s decisions and jurisprudence on collective proceedings, creating a situation of legal uncertainty. To name a precedent: in the Halabi case, cited by the Attorney General herself, it is established that the existence of a case must be proven in order to grant collective standing. In neither case, neither Fiore Viñuales nor Portal de Belén, is there a ‘case’; in other words, Monti should have denied standing outright.

Why this step by the public prosecutor is serious: because it allows a group of citizens to challenge a law voted for by all political forces through a lawsuit without proving that there is a right or concrete damage affected and, in the same action, to attribute to it a collective representation that does not exist in the Argentine legal system. The democratic debate has already taken place in Congress and has drawn a line for a basic social agreement on the right to health and life, through the decriminalisation and legalisation of abortion.

The files had been awaiting an opinion for a year and a half, but they were issued two days after Dr. Rodolfo Barra was appointed National Treasury Attorney, even though he was still acting as a legal advisor in the ‘Fiore Viñuales’ case.

Dr. Barra, in his capacity as newly appointed Treasury Attorney, has a conflict of interest, according to the public ethics law, which makes him incompatible with the defence of Law 27.610. Therefore, he should be excused from intervening in the cases against the Law on the Voluntary Interruption of Pregnancy and in all matters related to the right to abortion. In this regard, we filed a complaint with the National Treasury Attorney’s Office and informed the Anti-Corruption Office, as it is the authority responsible for applying the public ethics law.

Since 2021, of the total number of legal actions brought against the law, 34 have been rejected by courts in different jurisdictions across the country. Only 3 reached the Court, but not to decide on their constitutionality, but to determine whether those who brought these actions have standing to do so and to represent the collective of ‘unborn persons’.

The opinions of the Attorney General’s Office are not binding for the Court, which can define the applicable legal criteria without taking into account these recommendations. Therefore, the Court now has the responsibility to reposition class actions for the purposes for which they were created, to prevent them from being conceptually forced and to avoid violating due process guarantees. This is their chance to stop the unfounded litigation against an existing and key law for millions of women, girls and persons capable of bearing children.

  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género (ELA)
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación para el Desarrollo de Políticas Sustentables (Fundeps)
  • Fundación Mujeres x Mujeres
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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.