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We support and accompany the process that promotes the legalization of abortion. In this article we present our institutional positioning document and the reasons why we understand that guaranteeing safe and free legal access to the interruption of pregnancy is a matter of equality, public health and human rights.

We present the institutional document that bases the positioning of the Foundation for the Development of Sustainable Policies in relation to the need for the State to legalize the interruption of pregnancy, and guarantee its safe and free access, within the framework of the promotion and effective compliance of sexual and reproductive health policies, guaranteeing comprehensive sexual education, access to methods of contraception and the termination of pregnancy, as full realization of the rights involved.

The purpose of our organization is to contribute to a more just, equitable and inclusive society, seeking to guarantee the validity of human rights (article 2 of our statute). One of our main areas of work is the promotion of women’s human rights.

We understand that the legal interruption of pregnancy, as part of sexual and reproductive rights, is a matter of human rights, public health and gender. Matters that are of great relevance in our mission and objective as an organization.

We believe that it is necessary that in our country the conditions of legality be created so that women and people with the ability to generate access to medical practices that guarantee the interruption of pregnancy in a safe and free way in the respect of their will in the health system.

We insist, in addition, that the State guarantees the implementation of the Law of Comprehensive Sexual Education and of public policies aimed at access to contraception (such as the National Plan for Sexual Health and Responsible Procreation), as fundamental pillars for the realization of the right to the sexual and reproductive health of people.

A health issue

  • Clandestine abortions are the main cause of maternal mortality in Argentina.
  • Deaths and health complications linked to abortions disproportionately affect women in more vulnerable economic conditions.

A question of human rights and equality

  • Although the Supreme Court decided a case establishing criteria for access to abortion in certain circumstances, the practice is very restrictive and once again disproportionately affects women in more vulnerable economic conditions.
  • In recent years, various human rights committees have made concrete recommendations to Argentina to modify its abortion regulation.
  • In countries where access to abortion was legalized, there was no increase in the number of abortions. At the same time, there were drastic reductions in maternal mortality rates.
  • The termination of pregnancy should be the last resort in a comprehensive plan of sex education and access to contraceptive methods.

More information:

Contact:

Virginia Pedraza – vir.pedraza@fundeps.org

On November 23, 2017, the National Congress approved Law No. 27,412 on Gender Parity in Areas of Political Representation, the result of the harmonization of several projects presented in the Senate during 2016. The first one was the one presented on February 26 of that year by Peronist deputy Jujeña Liliana Fellner.

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Although the final draft had been approved in the Senate in October 2016, it did not reach the Chamber of Deputies until shortly before the end of the 2017 session.

In the long session on November 22, Rep. Victoria Donda (Movimiento Libres del Sur) asked that the project be treated “on tables”. Thus, in the early hours of the morning, with 165 votes in favor, 4 votes against, 2 abstentions and 82 absent deputies, the bill became law.

With the aim of guaranteeing gender parity in the legislative bodies, the law establishes that the lists of candidates for the National Congress (deputies and senators) and the Mercosur Parliament must be carried out “placing interspersed women and men from the first titular candidate to the last alternate candidate”.

In this way, the law takes female representation on the electoral lists to 50 percent, guaranteeing the principle of gender equivalent participation. This decision is in tune with the local legislation of some provinces, such as Santiago del Estero, Córdoba, Río Negro and, more recently, Buenos Aires, which for several years now have laws of equivalent gender participation.

The Law of Quota: the fundamental antecedent

Although we had a quota law since 1991, the year in which Argentina became the first country in the world to guarantee the participation of women in electoral posts, this law was already obsolete. Law 24,012, which two decades ago was considered advanced, established a minimum quota of 30% that should be occupied by women. However, in practice, the law ended up showing its limitations when converting that percentage into a ceiling, rather than a minimum quota, causing women to be relegated to third, sixth or ninth place in the lists.

Unfortunately, as we have said on another occasion, in the swing of the interpretation of our National Constitution, and in particular Art. 37, the provisions of the Convention for the Elimination of All Forms of Discrimination against Women continue to be ignored. (CEDAW, for its acronym in English), which enjoys constitutional status and must be mandatorily taken as a current and complementary rule of our Constitution.

 

The CEDAW, in its Art. 4 Inc. 1, provides: “The adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination in the manner defined in the present Convention, but in no way entail, as a consequence, the maintenance of unequal or separate regulations; these measures will cease when the objectives of equality of opportunity and treatment have been reached.”

The female quota laws are nothing other than these “temporary special measures” established in this normative body, which must cease when the objectives of equality of opportunity and treatment have been reached.

Already at the last Conferences on Women in Latin America and the Caribbean, the idea of ​​a minimum percentage for gender parity had been proposed as a regional goal. In the Quito Consensus emerged from the X Regional Conference on Women States recognized that parity is “one of the determinant drivers of democracy, whose goal is to achieve equality in the exercise of power, in decision-making, in the mechanisms of participation and social and political representation, and in the family relations within the different types of families, the social, economic, political and cultural relations, and that constitutes a goal to eradicate the structural exclusion of women“.

 

The quotas are corrective measures and, therefore, temporary; On the other hand, parity is a permanent principle that better represents equality in the exercise of power. Parity is a definitive measure that seeks to share the political power between women and men and transform the very idea of ​​democracy.

However, it is necessary to recognize that the quota laws or quota mechanisms have achieved conquests on the road to equality, favoring new issues on the public agenda, especially in terms of gender equality and defense of rights.

Since then, our Congress has enacted numerous laws that promote the rights of women against discrimination and inequality that they suffer for reasons of gender, such as Law 26,485 of Comprehensive Protection to prevent, punish and eradicate violence against women in the areas of that develop their interpersonal relationships (2009), Law 26,522 of Audiovisual Communication Services (which promotes equal treatment and not stereotyped in the media, avoiding discrimination based on gender or sexual orientation, also in 2009), Law 26,862 of Comprehensive access to medical-assistance procedures and techniques of medically assisted reproduction (2013) and Law 26,873 of Breastfeeding – Public Promotion and Awareness (2013), to name a few.

As a result of the long struggle of the different feminist movements and the work of legislators of different party colors, parity represents an enormous advance in legislative matters. This advance, however, must be accompanied by public policies with a gender perspective that guarantee and deepen the realization of these rights and that contribute to a real transformation of patriarchal power relations.

The Gender Parity Law in Areas of Political Representation is definitely a positive measure that will allow the effective enjoyment of women’s human rights and the real opening of the legislative space to the agenda of the feminist movements as inescapable themes for the strengthening of the democracy.

 

Authors

Rocío Aguirre

Mayca Balaguer

More information

Virginia Pedraza – vir.pedraza@fundeps.org

Mayca Balaguer – maycabalaguer@fundeps.org

Emilia Pioletti – emiliapioletti@fundeps.org

With an extraordinary organization in all parts of the country, and within the framework of an international movement, women are once again demanding equality.

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On women’s day in 2017, a mobilization was carried out in more than 35 countries to denounce the historical inequality of women in society and its multiple consequences: from sexist violence -and its most extreme expression, femicides- to feminization of poverty, economic violence, domestic work and unpaid care, wage gap in relation to male salaries, job insecurity, universal vacancies in kindergartens, extension of maternity and paternity leave, salaries for victims of gender violence, equal salary for equal work, reopening of the moratorium for housewives, among other claims.

This year, the mobilization multiplied, and the organizations and movements and unions of all the places of the country reconvene under the same banner. Thousands of people are gathering in the Organizational Assemblies of the International Stop of women, trans, lesbians and of all feminized identities, and we call for various measures, from unemployment to marches, interventions, digital campaigns, etc.

The deployment of energies occurs throughout Latin America, and the claims are adjusted to the most urgent needs of each place, making visible the diversity of our continent.

Undoubtedly, the collective Ni Una Menos, present in all provinces and almost all cities in the country, is the space that brings together people who want to make visible again the struggle for the rights to equality and a life free of violence. From these spaces are built the alliances and the links of a historical and tireless struggle that grows every day.

From FUNDEPS we stop all the identities that are part of our organization. We return to the need to rethink our relationships, our policies and our socio-cultural reality. We accompany the fight, invite and adhere to the International Women’s Strike on March 8, 2018.

Contact

Virginia Pedraza, vir.pedraza@fundeps.org

After the election of the Carlos Paz Awards 2018, the speaker Carlos Caserta made a series of homophobic, discriminating and derogatory comments against Florencia de la V and the trans community. It was denounced by social organizations, criticized in the media and INADI declared its repudiation.

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The speaker Carlos Caserta, in his program on FM 100, criticized the Carlos Paz Awards for recognizing the actress and comedian Florencia de la V, for his performance in the play “Explosivos”.

In his sayings he said: “Choose a ‘trava’ as a prominent female figure … Excuse me, you, but they are sick in the head (…) Honestly, I do not mean it, it’s not a woman! You have to respect the woman Fuck! How can it be that a job is more important than a woman? And the women, above, do not do anything, they take it with grace, they are shitting the clients, the prizes. you carry, or homosexuals.”

The aberrant manifestations of Caserta are framed in a violent practice, in flagrant detriment of the rights of the LGTTTBIQ collective, which foment discrimination, inequality and hatred. In these cases it is essential to remember the “Guide for the journalistic treatment responsible for gender identities, sexual orientation and intersexuality“, published by the Ombudsman’s Office, which recommends, among others: “Respect the principle of self-determination of sexual identities and orientations and promote media discourses that avoid judging or discrediting the autonomy of people to define themselves.

On the other hand, the sayings of this man promote a dichotomous vision of gender and sexuality, making a focus on compulsory heterosexuality as the only legitimate model of bodies, identities, relationships and families.

Many organizations make complaints through the corresponding channels, which are responsible for ensuring the rights of audiences, such as the Ombudsman’s Office, ENACOM, INADI, and INAM.

The response of INADI was swift and concrete in its rejection of the statements of Caserta, reaffirming that “these manifestations take on another dimension and impact when they are disseminated in the mass media,” which is why it invites awareness-raising among communicators to the microphone.

This type of conduct by communication professionals is plausible for sanctions and is in flagrant violation of our national regulations, as well as the Human Rights Treaties, which are part of our legal system.

It should not be forgotten that, according to the Audiovisual Communication Services Law No. 26,522, it establishes in article 70: “The programming of the services provided in this law shall avoid content that promotes or incites discriminatory treatment based on race, color, sex, sexual orientation (…) or that undermine human dignity or induce behaviors that are harmful to the environment or to the health of people and the integrity of children or adolescents.”

On the other hand, the Gender Identity Law N ° 26.743, in its article 1:

Everyone has the right:

a) To the recognition of their gender identity;
b) The free development of their person according to their gender identity;
c) To be treated according to their gender identity and, in particular, to be identified in that way in the instruments that accredit their identity with respect to the name/s of pile, image and sex with which it is registered there.”

We applaud the immediate reaction of INADI, and the follow-up of the other competent organs of the State, in the fulfillment of its functions, and in guarantee to the rights that protect our laws. It is essential to understand that the media are creators of opinion and that this entails a great responsibility to those who create and reproduce the contents, to promote equality and respect for rights, in pursuit of a more just and equitable society.

Contact

Virginia Pedraza, vir.pedraza@fundeps.org

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In September of this year, after a year of the call to call, organizations that would be part of the CCAH of civil society were announced, whose main function is to advise and recommend courses of action to address the problem of gender violence. . This Council, created by virtue of article 9 of the integral protection law 26.485, is composed of two organizations per province and the Autonomous City of Buenos Aires, with a total of 48.

On October 27, the first meeting of the aforementioned Council took place, in which besides presenting the organizations, the National Plan of Action for the Prevention, Assistance and Eradication of Violence against Women was informed (2017-2019) and about INAM’s plans in terms of design and implementation of policies. Likewise, the functions and regulations that should be dictated by the CCAH were discussed. Among the functions of the organizations, are to participate in the annual meetings and monitor the application of law 26,485 in their respective provinces, to then submit reports that serve as an input to the INAM to promote the application of the law at the federal level.

One of the main points of the agenda was the change suffered by this body, which went from being the National Council for Women, to being the INAM. The authorities that stated, mentioned that the decision regarding this modification addresses the need to give greater hierarchy to public policies of prevention, assistance and eradication of violence against women by having the rank of Secretary within the Ministry of Social Development, the time that the organism is granted greater autonomy.

On the other hand, it was pointed out that in future it is planned to establish provincial delegations, to territorialize INAM policies and facilitate access to procedures in the different Argentine provinces. However, no references were made to how public policies in this matter are going to be mainstreamed towards the other areas of the State, beyond the scope of the Ministry of Social Development.

We welcome the initiative of INAM to comply with the provisions of the law and to consolidate an institutionalized space for civil society to participate in a federal manner in matters of gender violence. The construction and monitoring of public policies for a problem as widespread as gender inequality requires the participation of civil society in all of Argentina, so we hope that we will continue advancing towards the promotion of women’s rights, also assuring budget and the necessary infrastructure so that they work in all the national territory.

We can not fail to mention that the participation of organizations should be reinforced, in addition to the existence of the CCAH. It is necessary to implement mechanisms so that other women’s rights organizations in all provinces can access the participation, which do not meet the formal requirements to belong to the CCAH, but due to their experience and trajectory, they must be considered purposes of the design and implementation of public gender policies in our country.

More information

– Resolution creating the INAM and the CCAH

– Annex of member organizations of the CCAH

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

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At the beginning of this year, the cut for the budget aimed at eradicating gender violence in our country was evident, which was later clarified by the authorities of the National Women’s Council (current National Institute of Women) , recomposing such “error”. This movement aroused an alert to the organizations for the serious lack of transparency and clarity on the management of the public funds that would go to the Council.

In this context, it is worth noting that our country has signed and ratified a series of international agreements and treaties relating to human rights for gender equality (the International Convention on the Elimination of All Forms of Discrimination against Women and the Inter-American Convention on the Prevention of All Forms of Discrimination against Women , Sanctions and Eradication of Violence against Women), which oblige the State to develop public policies with the maximum resources required, mainly technical and economic, to guarantee the exercise of rights by women on equal terms with men.

Ignoring these commitments, in September of this year the budget for 2018 was presented, from which a number of civil society organizations (ELA, ACIJ, CAREF, FEIM, MEI and the Siglo 21 Foundation) once again alerted a reduction in the budget allocated to INAM, the main body of application of Law No. 26,485 on Comprehensive Protection for Women, and the lack of clarity and disaggregation of the budget directed at other programs to eradicate violence against women. The difference is 17% less than the current year, taking into account only the official inflation forecasts for the coming year.

The budget gap is more significant if one takes into account that the creation of INAM was established in order to give greater economic autonomy and institutional hierarchy to the body that regulates gender equality policies.

The budget forecast for next year is alarming, especially if we consider that in our country women receive a lower wage of up to 27% less than their male counterparts for the same work performed and are the most likely to work in precarious conditions, the figures of femicides amount to one every 18 hours, that the symbolic and media violence is reproduced through the media by the crisis of the institutions created for its monitoring and eradication.

We note that the budget cut and the absence of a clear picture of the resources that will be allocated to public policies aimed at promoting gender equality in various areas, jeopardize all the positive measures and actions that are being developed in this area. sense and backtrack with the national and international commitments made.

We add that the lack of disaggregation and budget specification towards gender policies shows serious difficulties in addressing the need to incorporate the gender perspective in matters related to the resources allocated, and also prevent their monitoring and monitoring in order to guarantee their fulfillment. In this sense, the State’s action is questionable, since, if it has committed itself to fight against gender-based violence, the measures and the budget approach for this purpose should not reproduce inequalities and violence against women.

The invisibilization and lack of clarity on the budget lines destined to most of the most important programs to guarantee the equality of opportunities and to combat the macho violence (except for some exceptions like the Program of Integral Sexual Education and the Victims against the Violence among others) , create a gray space that would allow the state to shape and alter public funds in favor of interests and contingent needs that could affect the survival and effectiveness of public policies to ensure gender equality.

That is why, once again, we adhere to the demand of civil society organizations against the budget reduction and in favor of transparency and specification regarding State funds allocated to public policies aimed at eradicating the violence that relapses in an insistent and relentless about so many women.

Contact

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

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More than 50,000 women gathered for another year to share experiences, update debates, express feelings and define policies that meet their needs, betting on collective work to advance the fight. Women approached from different parts of the country, but it is worth noting the presence of women from El Impenetrable Chaqueño, who made the difference in their first participation in an ENM.

The meeting was marked by a variety of workshops, including women and feminisms, sexual and reproductive rights, femicides, indigenous peoples, among others. Two new themes were added this year: “Women and Culture of Rape”, which developed the role of the media in the construction of the victim and the victimizer, institutional violence, sexual, affective and relational consent, among other axes . Also added “Activism Gordx”, workshop that dealt with the hegemonic medical model, cultural stigmatization of fat bodies and new forms of politicization. At the same time, women were able to enjoy numerous cultural activities, with 25 de Mayo Square being the epicenter of talks, handicrafts, music and mates “encounters”.

On Sunday, at 6:00 p.m., a multitudinous march was conducted that covered more than 35 blocks on the way to the Democracy Park, with the presence of women belonging to different social, political, trade union, civic organizations, indigenous communities, and so on. The march culminated with a great rock to the rhythm of good music, dance and several meals.

We can not fail to mention the lamentable assaults that were suffered by several women who attended the ENM on Monday by a group of people who, shouting “let them all go”, threw stones at them, chased them on motorcycles, hit with sticks, and threatened, corralated and intimidated violently. Once again, intolerance and violence played a part in the NME. We repudiate this episode of this anti-rights sector, which, far from respecting freedom of expression and democracy, once again tarnished an MNA. It is also worth noting that, unlike the previous ENM, the security forces did not repress and acted with respect for the rights of the attendees, safeguarding the security of the meeting.

We celebrate these 32 years of struggle that will not stop and we will meet again next year in Puerto Madryn, Chubut, headquarters of the 33rd ENM.

Sources

Incidents in the march of repudiation to the meeting of women | TN24

Violent demonstration of Resistance against the women of the Meeting | El Diario de la Región

Author

 Mariana Cabanillas

Contact

Virginia Pedraza, vir.pedraza@fundeps.org

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The reality of women in Argentina, urges that organizations take action, organize and strengthen their links. It is essential to generate collective strategies that can generate impacts that make visible the faults that women suffer in our country, such as access to justice, participation, the rights to a life free from violence, health, freedom, equality of opportunity, among many others.

The organizations and individuals that form part of the Abogadxs Alliance for Women’s Human Rights are meeting to discuss the achievements in recent years, the achievements and advances in the recognition of rights and their implementation. But we also put on the table the risks in the implementation of regressive policies, of strategies that continue reproducing the logics of gender inequality, and everything for which we have always struggled and have not yet reached.

That is why we focus our exchanges on two central themes: sexual and reproductive rights, and violence against women. In both areas of discussion we reach starting points for collective strategies, and we generate dynamics of mutual strengthening for those measures and actions that necessarily have to be diagrammed locally.

The human rights of women must be guaranteed by the State, and when this is not manifested in reality, the organizations will continue to carry out collective advocacy to demand that all people, regardless of gender, enjoy all rights and can live their lives without fear and in full freedom.

Contact

Virginia Pedraza, vir.pedraza@fundeps.org

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However, in order to start being elected the process was very different. Only through the Act of Women’s Occupation in 1991, the representation of women began to be guaranteed by the State. This law allowed the structures of gender inequality to begin to be overcome. The numbers speak for themselves: before the law, women elected to public office in Congress did not exceed 6% of all seats. Today women occupy 41.7% in the Senate and 38.5% in Deputies. However, there is still a long way to go.

At present, although women make up more than half of the population, female representation does not reach 50% in any decision-making space. According to an investigation carried out by the Latin American Justice and Gender Team (ELA) on the elections, in 2017, there are very few lists that do not comply with the Women’s Act. However, the parties’ interpretation of its application has begun to transform itself into a roof over participation, rather than a guarantee tool.

In the provinces where a parity law has been implemented (Salta, Buenos Aires), the female representation has been higher, but this is not evident in the rest of the country. That is why it is necessary to generate mechanisms that can promote a real commitment to gender equality in political parties, as well as the implementation of a national law of parity that guarantees a representation of women that is in accordance with the social configuration of gender.

The CSW is a body under the Economic and Social Council of the United Nations (UN), which began its functions in 1946 as the “main international intergovernmental body dedicated exclusively to the promotion of gender equality and empowerment of the woman”.

It meets annually, and in this event are the UN member states, civil society organizations and bodies of the UN Human Rights System. In this space, the actions of States to meet the commitments made at the 1995 Beijing World Conference on Women, its Declaration and Platform for Action, and the 23rd Special Session of the General Assembly in 2000 (Beijing +5). It also addresses relevant issues on the situation of women worldwide

From these sessions, the discussions and agreements that arise and the reports presented, the CSW generates conclusions and recommendations, which are then sent to the Economic and Social Council for follow-up.

The review theme for the 62nd session of the CSW, to be held in March 2018, focuses on “Participation and access of women to the media and information and communication technologies, as well as their impact and Use as an instrument for the advancement and empowerment of women”

Our Report

More than three years ago, along with Communicating Equality, we have monitored the organs of the State that must apply the protective norms of women in the media.

Our first research was crystallized in the publication “Gender Violence and Public Communication Policies“. Subsequently, policies related to gender and communication suffered regressive measures, which, far from improving what has already been achieved, have regressed in the role of guarantor of State rights.

In the report that we presented to the CSW, such measures were presented, as well as recommendations to achieve greater protection for women and the hearings of Argentina.

Among the regressive measures mentioned in the report are:

– Public Defender: Despite the efficient and participative management of the organization, this has been interrupted since November last year, when the Bicameral Commission, which should appoint the maximum authority of the Ombudsman’s Office, decided not to appoint anyone at the end of the term Of the first Public Defender, Lic. Cyntia Ottaviano. At present, the DPSCA is in an irregular situation and without capacity to carry out activities that go beyond mere formal and administrative communications. This limits the taking of comprehensive measures in cases of media violence based on gender or any other. This situation further aggravates Argentina’s failure to comply with the recommendations made by the CEDAW Committee in its Concluding Observations on the seventh periodic report of Argentina in 20167, especially paragraph 19, item “d”, in which Urges that “Law 26,522 of 10 October 2009 on Audiovisual Communication Services be amended in order to empower the Ombudsman to punish violations of provisions relating to gender stereotypes and sexism in the media Communication”.

– ENACOM: Since the dictates of the Decrees of Necessity and Urgency No. 13/2015, 236/2015 and 267/2015, a new body was created, ENACOM, which displaced the AFSCA, being the same subsumed in that body, Along with their faculties and functions. In flagrant violation of international commitments, and by taking regressive actions regarding the protection of the rights of the hearings, the law was ignored, and the protective scaffold created was dismantled.

These actions by the new government overlapped with the decrease in the budget of ENACOM, and a worrying uncertainty about how the new public regulatory policy for the media will become available. As of the end of 2015, there were no sanctions regarding violent content issued in the media, nor any formal response to requests for information made by civil society organizations in this regard.

– Observatory on Discrimination in Radio and Television: The Observatory as a tripartite body was dissolved in 2017, although apparently did not carry out its usual functions since January 2016, adding to the widespread disruption of public policies protecting gender and communication.

– National Women’s Council: Since 2016, the National Council of Women has taken a more active role in dealing with cases of symbolic and media violence and in early 2017 the Observatory for Symbolic and Media Violence – A bipartite body composed of the National Council of Women and the National Entity for Communications (ENACOM). So far in 2017, the Observatory intervened in 17 cases of media violence ex officio or at the request of whistleblowers. The intervention in most of them was carrying out a report of analysis of the situation discriminating and stigmatizing and sending the same to the mass media.

– Monitoring Office for Publication of Sexual Trade Offer Notices: Since its creation in 2011, until December 2015, OM has achieved that 85% of the media monitored (110 of the entire national territory, with national coverage, Regional and local) to comply with the current legislation, leaving notices of sexual offer with expressions degrading and discriminatory towards women by all media surveyed. He also conducted trainings and conferences throughout the country to raise awareness of media violence through specific media support and collaborated with the judiciary by providing data on individuals and networks that publish notices on trafficking in persons for Sexual exploitation.

Since December 2015, he has not published any reports on his actions.

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

“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 social movements that face the environmental problems and the gender inequality are due to a historical link to promote solutions that are integral and from a perspective that generates spaces of debate for equality and care.

Both environmentalism and feminism have championed their struggles against forms and logic of dominance that have engendered deep cracks in society and the world. Both spaces share the need to generate healthy forms of collective care, and their activism has always been female.

The Workshop Ecologist of Rosario has made the proposal to enter into little-known views, such as ecofeminism, to be able to continue making progress in the search for better alternatives to achieve a better relationship between communities, and society and the environment.

In this context, we participated in the Encounter “Women and Ecology. Weaving networks to rethink the present and build the future “that allowed us to generate links between organizations that work with environmental issues from a human rights perspective, with a special focus on gender inequality. In this way, and weaving networks between organizations, we start a path so that our actions are not isolated, and that each experience can nourish the activities we do, and thus empower and organize to generate greater and better impact.

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

“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”

 

We note with concern the urgency and selectivity with which we are dealing with the problematic bill submitted by the National Executive Branch on June 12 under number 0010/PE/2017. This project, aiming to regulate religious freedom, incorporates the questionable figure of the institutional conscientious objection and generates mechanisms of institutional violence and violation of human rights.

This proposal not only jeopardizes the legitimacy of the legal system by proposing as a rule the possibility of excepting compliance with the law, but also seriously compromises the international obligations assumed by the Argentine State. This is so insofar as there is a great potential to obstruct the fulfillment and guarantee of many human rights, such as health, identity, non-discrimination and life free of violence, as well as to affect vulnerable groups such as children and adolescents , And people with disabilities.

Although the draft mentions several human rights treaties, it is widely misunderstood in their interpretation, in view of the many jurisprudential precedents given by our country’s courts in this area, as well as the recommendations of the corresponding human rights committees. In this way, it aims to erect as a guarantor standard, but in its drafting institutes mechanisms that preclude access to basic rights that must be guaranteed by the State.

Institutional conscientious objection, in practice, makes it possible to carry out generalized discriminatory acts against certain groups, historically relegated. Imagine a person who is in a position to request surgical intervention for genital reassignment, before institutions that by religious belief may violate their right to identity and psychophysical health in an institutionalized way.

The presumption of good faith granted by the project to the person exercising the conscientious objection reverses the burden of proof to the detriment of citizenship, making each person to judge each case, since the final interpretation of the constitutionality corresponds to the Power Judicial. This would generate serious mechanisms of institutional violence, and our State has acquired international commitments for the purpose of eradicating such violence. Let us not forget: in what democratic state can a person evade compliance with the law because his faith dictates it?

It also legitimizes the risk of children and adolescents, as well as persons with disabilities, when it enables its representatives to exercise conscientious objection on their behalf. This could lead to denial of certain medical treatments by representation, which has been widely rejected by our courts.

Likewise, in order to safeguard the rights of non-Catholic religious communities, churches and other denominations, it does not regressively recognize sexual and non-reproductive rights and international standards in this regard. In this regard, it should be recalled that conscientious objection is not recognized as a human right, and that the Committee on Economic, Social and Cultural Rights (General Comment No. 22 March 2016) stated that, should States regulate it , This must be done in a way that does not impact on access to sexual and reproductive health. This recommendation is not observed in the project, much less in the hermetic treatment that is being given.

On the other hand, and what is not less, it is possible to rescue that by definition legal persons and / or entities do not possess the consciousness or subjectivity that seeks to protect the notion of conscientious objection. What religion or belief can a legal entity claim?

A rule that seeks to incorporate, in a generalized, discretionary and presumptive manner, the exception to the fulfillment of legal obligations, seriously compromises legal certainty, the bases of our rule of law, and the exercise and guarantee of human rights. Religious freedom is already guaranteed by our National Constitution, and by human rights treaties with constitutional hierarchy. This bill only undermines its exercise, and in turn implies an express and serious acceptance that not all of us have the same duty of obedience before the law.

The pronouncement of the organizations

We adhere to the rejection letter to Bill 0010 / PE / 2017, prepared by the Abogadxs National Alliance for Women’s Human Rights, which is joined by more than 100 recognized organizations and institutions from all over the country, and more than 400 experts and law specialists.

This letter will be presented to the Commissions for Foreign Affairs and Worship, Penal Legislation and Budget and Finance, of the Chamber of Deputies of the National Congress, in order to make known the institutional gravity that matters the consideration of this project, and the concern for its Selective treatment.

Author

María Julieta Cena

More information

Virginia Pedraza – vir.pedraza@fundeps.org