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Half a year of legal abortion: progress and challenges

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

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

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

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

The new protocol

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

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

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

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

The judicialization here and there

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

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

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

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

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

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

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

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

 

Authors:

Agostina Copetti

Sofia Mongi

Contact: 

Mayca Balaguer

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Equity in the media: why and for what?

In the early morning of June 11, the Law of Equity in the Representation of Genders in the Communication Services of the Argentine Republic was enacted. A Lley product of the feminist struggles in favor of a democratization in the media organizations in both labor spheres and as producers of meaning.

“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 media have a fundamental role in the construction and reproduction of meanings and representations about social and subjective reality. As such, they can contribute to the support and justification of inequalities or they can question them, both from their speeches through the content they produce and disseminate as well as within themselves, being understood as work spaces with a specific labor organization.
Investigating how media content is produced, who produces it, what is their training and trajectory, and what place each one occupies within the media allows us to have a map of the situation to address the violence and structural gender inequalities that they reproduce within these spaces.
The media companies, specifically the large commercial media, are characterized by their work structure founded from an androcentric approach. What has conditioned the income, permanence, development and work performance of women and, of course, has excluded transvestite, trans, intersex and non-binary people.
This is visible in the labor trajectories differentiated by gender:

Source: Chaher and Pedraza (2018). Media and gender organizations. Córdoba: Fundeps, Communicate Equality.

To make this graph, only binary data were obtained in terms of gender, that is why it has not been possible to reconstruct work trajectories taking into account the diversity of identities, such as transvestites, trans, intersex and non-binary people. At the time the investigation was carried out, there was only a single trans person working in one of the Córdoba media. Currently there is some progress in this regard, although it remains insufficient. It is possible to recognize the structural gender inequalities that make it difficult, even more than for cisgender women, to access employment, particularly in these types of companies with diverse and dissident identities.

Now, when observing the graph, it is possible to notice that although most of the people who graduate from careers related to communication in the city of Córdoba and Buenos Aires are women, less than half of them go to work in the media commercial. Even fewer are promoted to higher positions, a situation that is reproduced again, although with a deeper inequality, in union spaces.
These career paths are traversed by personal paths. Unpaid domestic and care work falls mainly on women and femininity, affecting their autonomy. As a result, they are the majority among part-time workers and hired under precarious regimes in order to reconcile their working life with unequally distributed care responsibilities. To this must be added micro-chauvinisms and all types of violence that are combined with masculinity pacts, which perpetuate these unequal and exclusive structures.

The lack of gender and care policies, as well as the lack of gender awareness and training in a transversal manner, or the delegation of this responsibility to feminist communicators and gender editors, are some of the obstacles that many of the media companies most important in the country have not been able to overcome. Even in a context of profound changes in favor of gender equality and the demands of the audiences.

What does the law say?

The recently enacted Law of Equity in the Representation of Genders in Communication Services of the Argentine Republic is inserted in a national and international legal framework and of historical claims of various social and feminist movements, of which it is the result. Claims that were previously reflected in national legislation, such as Law 26,485 on Comprehensive Protection to prevent, punish and eradicate violence against women in the areas in which they develop their interpersonal relationships, Law 26,743 on Gender Identity and the Law 26,522 of Audiovisual Communication Services, among others. As well as public policies, such as the creation of the Public Defender’s Office and the AFSCA, were the result of the commitments assumed by the State in the fight against gender violence.

Its purpose is “to promote equity in the representation of genders from a perspective of sexual diversity in communication services, whatever the platform used” in all the country’s communication media, although it is only mandatory for those of management state. This law does not seek parity, but goes further: it is based on the principle of equity and the inclusion of all gender gender identities in all positions of the media labor structures, breaking with binarism. the promotion of democratization and diversity of voices and their labor structures.

This democratization process from a gender and diversity perspective is understood as gradual, gradual and only mandatory for state-run media, while privately managed media will be encouraged through the preference in assigning official guidelines in cases to carry out measures in the sense proposed by this law.

These positive action measures move away from the punitive paradigm to establish proactive policies that encourage transformations respecting the times and processes of each privately managed media.

In turn, the corresponding authority will be created for the implementation of the law in order to guarantee its compliance.

We celebrate these legal advances that are the result of the insistent struggle of feminist movements, especially feminist communicators and journalists who in their daily practices sustained, and still do, transformations inside and outside their work spaces. We are aware that the struggle does not end with the enactment of a law, but requires a comprehensive and intersectional implementation plan to achieve real equality and make the rights formally sanctioned tangible.

We will keep our attention on the implementation of the law and the public policies designed and carried out to achieve it.

Más información:

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Domestic workers: a fight for their recognition

In Argentina, legislation and public policies on care have made progress but also obstacles. Within the framework of the International Day of Domestic Workers and the 8th anniversary of the enactment of Law 26,844 on the Special Regime of Work Contract for Personnel of Private Houses, we highlight the importance of the legislation and regulation of the work of those who they take care of it in a remunerated way, although we recognize that there is still a lot of hard work in pursuit of its effectiveness and expansion.

“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 the 1950s, the first laws related to domestic work appeared, in order to define labor relations and their rights as workers.

But it was not until 2013 when Law 26,844 was enacted, which established a special work contract regime for paid workers in private homes. This law regulates the labor relations that are established within private homes or in the sphere of family life and that do not generate a direct profit or economic benefit for the employer. It defines this work as any provision of cleaning, maintenance or other typical household activities services, personal assistance and accompaniment to family members or those who live in the same home with the employer, and the non-therapeutic care of sick or disabled people.

In this process, activism and later the union organization of private house workers, has been key in the fight for their rights. The Union of Auxiliary Personnel of Private Houses (UPACP), which encompasses the workers of private houses, “carries out its tasks of defense and representation of the workers in the sector since the beginning of the last century. Today the workers have a law that regulates the activity, No. 26,844, which equates, as appropriate, the work of domestic service to that of workers from other unions. Now the workers of private homes have the right to vacations, maternity leave, among all labor rights. ”

This law tries to put the rights of private house workers on an equal footing with those of any other worker in a formal and dependent relationship. However, the characteristics of domestic work, related to the private sphere, the invisible, with the duty assigned to women to care for and give love in a disinterested, selfless way and without any type or with little remuneration and recognition, It makes it difficult for these activities to be considered as work and those who perform it, as workers.

Labor market of private house workers

Law 26844 not only establishes the regime of private house workers but also different categories according to the type of work that was developed in the domestic sphere. These categories translate into salary scales:

www.upacp.org.ar

 

However, this recognition is far from meaning the realization of their labor rights.

According to a report by the National Directorate of Economy, Equality and Gender, in Argentina, the main occupation of women is paid domestic service: it represents 16.5% of the total employment of employed women and 21.5% of wage earners. It is the most feminized activity in the market (96.5% are women), the one with the highest informality rate (72.4%) and the one with the lowest average income in the market, constituting the poorest workers of the entire economy. This means that a domestic worker earns 46 pesos for every 100 that a private sector employee receives and 30 pesos for every 100 that a formal worker receives. Compared to men, they earn 26 pesos for every 100 pesos that one of them earns. According to the ILO, this informality and precariousness generates the breach of rights and a space for labor exploitation, even of girls and adolescents.

For Candelaria Botto: “In our country, where the State does not satisfy these needs, the role of domestic workers becomes essential for a large number of households. However, this work takes place mostly in precarious conditions and with low remuneration, which shows the little social value that is given to reproductive work. ”

Even with all these limitations on access to rights, it is likely that a registered employee, whose labor relations are regulated by a legal framework, is in better working conditions.

That the autonomy of some does not take it away from others

Now, who are the women that make up this group of domestic workers?

Mercedes D´Alessandro, in her book “Economía Femini (s) ta”, affirms that the “fairy godmothers” who sustain the lives of those who inhabit the households with the highest income are women in situations of vulnerability and poverty. Many of them have dependent children and most have not been able to complete secondary school (only 2% of them completed a tertiary degree or university). As a result, 40% of poor mothers are private house workers.

They are women who need to work but are not qualified to access other types of employment. In addition, it is usually one of the first job options for women from other countries, although the percentage of internal migrants among these workers is more remarkable. Many young women see this job as a way out of poverty, but end up living in a utility room of a wealthy family that does not pay them a Christmas bonus, vacation or sick days.

At this point, it is important to think about the tense link between paid and unpaid forms of care. Given the unjust social organization that distributes care, paid and unpaid care work falls mainly on women. That is why it is always necessary for a woman to take care of, to “free” another of these tasks. And here, it is not only the stubborn persistence of the sexual division of labor that undermines advances in favor of a more just and equitable society, but it is also other factors of inequality and oppression that overlap with gender. The class and powerful processes of racialization that still persist go through caregiving.

As domestic work is, to a great extent, carried out by poor women, peasants, migrants, representatives of various ethnic groups, with low education and little education, who find in this activity a means of subsistence, it is one of the most devalued jobs not only in economic terms but also in social terms. Thus, families with higher incomes can turn to the market to free up time, which implies hiring another, poorer woman to do domestic and care work.

As D’Alessandro says: “behind every great woman, there is another great woman.”

This invites us to think about care in a feminist and intersectional way, which puts care work at the center of the scene and de-romanticizes it. Because the lack of decent wages and real access to labor rights is not compensated with gratitude and love.

As Sol Minoldo says: “How feminist can a process be in which some women emancipate themselves at the expense of others, leaving the sexual distribution of domestic work intact?

If there is exploitation, it does not stop there because the worker is treated with affection and the trust of our intimate life is opened to her, although it may be noticed a little less. It is time to question the way in which “love” has been used to make it invisible that domestic work is work, whoever does it. That love is not an excuse to deny workers their rights. ”

Although the importance of care and of those who care – especially during the pandemic – has become increasingly visible, this has not yet translated into salary improvements in the case of paid domestic and care work. We still owe a debt to the people they care for. With domestic workers, there are still huge social, cultural and economic gaps to fill. They perform essential work but in precarious and irregular conditions, with miserable wages that are barely enough for them to access the basic food basket.The gaps and obstacles that these workers face every day are an impediment to real access to their rights as workers, as women and as people.

Author

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Statement for the appointment of the Attorney General of Córdoba

A group of more than 30 organizations in Córdoba prepared a letter expressing our concern over the eventual appointment of Juan Manuel Delgado as Attorney General of the province of Córdoba.

“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”

Today the Legislature of Córdoba is voting for the nomination of Juan Manuel Delgado to the position of Attorney General of the province of Córdoba. The position, by Constitutional mandate, is proposed by the provincial executive and must have the agreement of the Legislature.

Last Thursday, March 11, we attended the Public Hearing that was held and presented observations on some aspects that we consider critical. In this sense, we highlight the lack of independence that we consider to exist when nominating a person who is currently serving in the executive branch, as well as the lack of training and experience in criminal matters, human rights, gender and diversities and environmental problems.

Today, more than 30 organizations made public our concerns regarding the appointment of the proposed Prosecutor. Although they take up some of the points raised at the Hearing, this open letter places special emphasis on the threat that we warn regarding the validity of the sexual and (non) reproductive rights that have been achieved, given the candidate’s previous connections and his statements in the Commission. of Constitutional Affairs.

Contact

Nina Sibilla, ninasibilla@fundeps.org

Mayca Balaguer, maycabalaguer@fundeps.org

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Public Hearing for the position of Attorney General of the Province of Córdoba

This Thursday we participated in the Public Hearing to discuss the application of the lawyer Juan Manuel Delgado to the position of Attorney General of the Province of Córdoba, convened on 03/04/2021 through the Official Gazette.

“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”

It was carried out after Governor Juan Schiaretti sent to the Unicameral Legislature of Córdoba, through file No. 32245 / P / 21, the formal proposal for the purpose of requesting agreement for the appointment of Juan Manuel Delgado as Attorney General of the province.

Juan Manuel Delgado, is a lawyer, and currently works as Procurator of the Treasury of the Province of Córdoba (since May 2019). In addition, he was Secretary of the Arbitration Court of the Cordoba Stock Exchange (2012/2018), Member of the Board of Directors of the Cordoba Stock Exchange (2019), Secretary of the Stock Exchange (2018), and Director of the Institute of Legal and Business Investigations of the Córdoba Stock Exchange (2017-2019).

On this occasion, we leave raised the following aspects, which we consider extremely worrying: 1) First, the serious impact on the institutional quality of the province with the application to occupy the highest position of the Public Ministry to a person who has just practiced as a lawyer within the executive power, precisely as a Procurator of the Treasury of the Province of Córdoba, which depends on the State Prosecutor’s Office of the province. This strongly undermines the constitutional mandate of independence among the powers of the State; 2) Secondly, and according to the only information available about the applicant’s career, there is an obvious lack of knowledge and experience in criminal matters, the area of ​​main activity of the Attorney General of the province. In addition to this, there is no evidence in the applicant of training and / or background in human rights, environmental law and in the perspective of gender and diversity.

Finally, we leave it exposed that, beyond the training, experience and trajectory in these topics, which we consider of great relevance, we are interested in the applicant showing a commitment to active work in these matters. The Attorney General’s Work Plan, which defines the priorities of criminal policy, must be public to all citizens and must incorporate these issues.

Contact

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Other‌ ‌economies: the‌ ‌self-management‌ ‌from‌ a‌ ‌perspective of‌ ‌la‌ Sustainability‌ ‌of‌ la‌ ‌Life

After a year of research and collective work together with the Espacio de Economía Feminista de Córdoba, we published a report that reveals the self-managed experiences of the city of Córdoba and Valle de Punilla related to Feminist Economy, Ecological Economy, Popular Economy and Social Economy and Solidarity.

“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 Córdoba, self-management, cooperative and entrepreneurial spaces made up of dissident feminities and identities have developed in recent years, starting from the visibility of the feminist struggle, and with their collective organization. Its existence, strategies and forms of organization, production and consumption, have gained essential importance in local economies, and are presented as a real alternative to the hegemonic capitalist model.

This research makes a reading from the Feminist Economy of these experiences, which allows (de) constructing practices that reproduce inequalities and violence against women and dissident sex-generic identities within the spaces in which they develop, and expand the horizon towards a socioeconomic equity that is nothing more than gender equity.

In this line, it is intended to explore, learn about and analyze various self-managed and community experiences of the City of Córdoba and the Punilla Valley, and make visible their contributions to the construction of an alternative to the neoliberal model and investigate the actions of the State in development of public policies that contribute to this alternative. The place from which this report is intended to be narrated is from the perspective of the territorialized experiences themselves in dialogue with the perspective built from a diverse interdisciplinary field full of nuances and a dynamic construction generated in the exchange of Feminist Economy with the Popular Economy, the Ecological Economy and the Social and Solidarity Economy.

To this end, together with the Feminist Economy Space and with the support of the Heinrich Böll Foundation, we interviewed 16 community organizations, cooperatives and self-managed spaces in the area. The visibility of these practices enriches the dialogue between the theoretical proposals about them and will collaborate in the construction of new knowledge. At the same time, it offers first-hand information, necessary to promote public debate on the needs, views and contributions of these organizations to economies founded from paradigms that put life at the center, instead of profit and exclusion. Knowing these experiences allows us to identify their concrete contributions to the construction and maintenance of other economies, which propose alternatives to neoliberal capitalism and hetero-patriarchy, and seek to sustain human and non-human lives.

Questions that open up others: Do community organizations and self-managed enterprises constitute an alternative to the neoliberal capitalist model?

This first approach, achieved through this research, leads us to conclude that most of the community organizations, cooperatives and self-managed enterprises interviewed constitute, or at least try to establish themselves, as an alternative to the neoliberal and heterocispatriarchal model, putting in the center the lives and care that make them possible.

On the other hand, it is shown that, in practice, and from the perspective of the organizations analyzed, the contribution of the State to the development of these alternatives is insufficient, characterized by ineffective public policies and in some cases nonexistent, in line with the role that the State is expected to occupy in a neoliberal economic model.

Se espera que el presente trabajo, aporte a la visibilización, reconocimiento y fortalecimiento de espacios autogestivos cuyas prácticas apunten a poner a la vida en el centro, desde una necesaria mirada local y a la vez crítica. Se sostiene —y en el contexto actual está evidenciado— que la sostenibilidad de la vida debe estar en el centro del debate. Se debe seguir pensando y construyendo colectivamente la economía que se desea y necesita para que todas las vidas que habitan este planeta lo hagan de una manera digna. Por esto queremos aportar a la visibilización de las organizaciones que apuestan cada día a otro mundo posible.

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The Ministry of Health responds to a request for information on the implementation of the ILE in Córdoba

After the request for information presented in October, the Ministry of Health provided data on the implementation of the Legal Interruption of Pregnancy in the province, starting from the entry into force of the local protocol that had been suspended.

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

With the fall of the precautionary measure that suspended the application of the provincial guide for the care of non-punishable abortions, the health services of the province of Córdoba began to guarantee the practice in those cases where the pregnancy was the result of rape, or implied a risk to the life or health of the pregnant person, as indicated in art. 86 of the Penal Code.

As indicated in the response sent on December 3, 2020, from September 1, 2019 (the court case was terminated on the 24th of that month) until November 30, 2020, a total of 949 were registered in the province. Legal Interruption of Pregnancy practices: 112 correspond to 2019 and 837 to 2020.

Of this total, the most invoked cause was the risk to comprehensive health, for which 906 practices were carried out (96%). Because it was a risk to life, 20 practices were carried out (2%). The causal violation was invoked in a total of 22 practices (the other 2%).

ILE quantity

From September 2019 to November 2020
Causal health hazard - 95.6%
Causal violation - 2.3%
Causal danger to life - 2.1%

With regard to training and training instances, the agency reported that 6 weekly virtual meetings were held by the National Directorate of Sexual and Reproductive Health of the Ministry of Health of the Nation (in June and July 2020), and 1 meeting virtual organized by the National Directorate of Sexual and Reproductive Health, articulated with the Provincial Program Maternity and Responsible Paternity, in June 2020.

Regarding the purchase and distribution of medicines and supplies to carry out the practice, the Ministry reported that in 2019, 135 misoprostol treatments were used, all from the National Directorate, and in 2020 a total of 1,248. among which 698 come from the National Directorate or clearing operations with other provinces, and 550 were purchased directly by the provincial Ministry.

Incomplete information

Despite having responded to the request for information, the Ministry of Health failed to answer all the questions regarding how conscientious objection operates by health professionals and how referrals for this reason are in practice. It also did not answer questions related to the budget for these services.

It is not the first time that the Ministry of Health fails to comply with a request for access to public information. In 2019, after submitting a request on the same issue, the Administration only responded after we went to court, through an injunction for delay. Even so, the information that he presented in the context of the file was incomplete, so we continue to demand before the courts that he fulfill his duty to provide public information in a timely manner.

The province of silence

There were 7 years in which the local guide to access abortion for reasons contemplated in the Penal Code was suspended. During all that time, pregnant people who needed to access the practice had to do so in health centers in other jurisdictions or, directly, in hiding. It was the feminist networks that generated channels to refer cases and assist them despite the judicial blockade.

Today the new law 27,610 on Voluntary Interruption of Pregnancy is in force throughout the national territory. With its publication in the Official Gazette on January 18, and having entered into force on January 24, it is striking that the Ministry of Health of Córdoba has not yet ruled on the matter. No public statement has yet been made on how the province’s health services will be organized for law enforcement purposes.

But the right to interrupt the pregnancy freely until the 14th week of gestation, along with abortion for reasons, is enforceable and must be guaranteed in Córdoba and throughout the country.

More information

Contact

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Legal abortion must be fully enforced throughout the country

Civil society organizations demand, after the precautionary measure decided by a Chaco fair judge, that access to the voluntary interruption of pregnancy be guaranteed in that province. It is a right won in a democratic process, after a long debate in Congress.

“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”

Law 27610, which regulates access to voluntary interruption of pregnancy and post-abortion care, must be fully applied throughout Argentina. After the precautionary measure resolved by the fair judge, Marta Beatriz Aucar de Trotti, in charge of the Civil and Commercial Court No. 19 of the city of Resistencia, which suspended the application of the law in the territory of Chaco, we demand that no Zones of discrimination are created for the rights to health and autonomy of women and other people with the ability to gestate based on the domicile set in one or another province.

The action was filed by six people, who argued an alleged contradiction between the Provincial Constitution and national law and asked that the law be suspended throughout the territory. The judge omits to rule on the inadmissibility of such requests in our legal system and is unaware that no judge can suspend the validity of a law with general effects. In addition, she does not warn that the fact that the Chaco Constitution protects life from conception is not an obstacle to the application of the law, neither in Chaco nor in any of the other provinces that provide that type of protection. This evaluation of the constitutionality of the abortion legislation was already carried out by the Supreme Court of Justice of the Nation in the “FAL” ruling in 2012.

Amnesty International, CELS, the Latin American Justice and Gender Team (ELA), Mujeres x Mujeres and Fundeps emphasize the importance of both the provinces and the national State upholding the law and questioning judicial decisions that put the right to abortion in crisis , particularly when they do so in violation of the principle of constitutional supremacy, the division of powers and distort the democratic debate.

The Supreme Court of the Nation has already said, within the framework of a precautionary measure that suspended throughout the country the application of the audiovisual communication services law, that a precautionary measure that suspends the validity of an entire law with general effects for the entire population, is incompatible with the concrete control of constitutionality of the laws, the division of powers and reasonableness.

Beyond the differences with this case, when issuing a precautionary measure, judges must take into account the credibility of the rights affected and the danger of delaying a decision on the case. To do so, it must analyze the consequences of the issuance of its measure in a broad way, taking into account the interest of society as a whole and the impact on the rights enshrined.

In the precautionary measure issued, the existence of an infringed right to the plaintiffs, nor the danger of delay, are not proven. And what is very serious, the measure puts at risk at the local level the right to health of women, girls and people with childbearing capacity.

Decisions of this type only undermine the use of legal tools, so important for the guarantee of rights such as precautionary measures, and the legislative process carried out with a wide debate in December, supported by strong social support and with the transversal accompaniment of the main political forces.

It is important that the users of these services and with the right to access the voluntary interruption of pregnancy as established by Law 27,610 know that the national State and the provinces must guarantee their access throughout the country. Until the Chaco justice reverses this precautionary measure, we must emphasize that the right to legal abortions in force in Argentina for a hundred years (that is, if the pregnancy was the result of rape, if the pregnancy affects the health of the person or if it puts your life at risk) is in force in Chaco as in the entire national territory, and health personnel must provide those services.

Faced with attacks of this type on existing rights, we insist that the provinces and the national State question the judicial decisions that deprive women, girls and people with the capacity to gestate in the exercise of their sexual and reproductive rights, including the right to abortion. We must continue to take care of everyone’s health.

Amnistía Internacional Argentina

CELS

ELA

Fundeps

Mujeres x Mujeres

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What has been the impact of COVID-19 on the Sustainable Development Goals?

We present a document analyzing the impact of the COVID-19 pandemic on the Sustainable Development Goals of the United Nations.

“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 Sustainable Development Goals (SDGs) were adopted in 2015 by the UN Member States, with the purpose of ending poverty, protecting the planet and guaranteeing peace and prosperity for all people by the year 2030. The SDGs There are 17 integrated objectives in which the actions or impacts on one will affect another / s.

The situation generated by the pandemic is not at all encouraging, since pre-existing unfavorable issues such as increasing poverty and hunger, increasing inequalities, rising unemployment, the health and sanitation crisis, the economic recession, restricted access to education, the setback regarding gender equality, among other aspects.

Thus, the document “Impact of COVID-19 on the Sustainable Development Goals“, prepared in a collaborative way, analyzes and reflects on the impact of COVID-19 on the SDGs, the positive and negative consequences of the global pandemic on each of the 17 objectives.

The current context has posed challenges for States and international organizations in decision-making, and in the establishment of truly effective actions to prevent this type of situation from recurring. In this way, the current context made us have to rethink whether the current system is effective or whether we should build another model for the future, one that is more equitable, inclusive, fair and sustainable. Therefore, the situation that the world is going through may mean an opportunity to rethink what future we want to build from now on.

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org

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We conquer the right to decide: the Voluntary Interruption of Pregnancy is law

After almost 12 hours of session, with 38 votes in favor, 29 votes against, 1 abstentions and 4 absent senators, the Senate approved the Law of Voluntary Termination of Pregnancy. The Campaign for Legal, Safe and Free Abortion, after 15 years of struggle, celebrated the historic day at the end of the vigil at the gates of Congress and in public spaces throughout the 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”.

In the early hours of the morning, this Wednesday, December 30, the presentations by senators and senators ended and the Voluntary Termination of Pregnancy law was called to vote. The bill already had the half-approval of the Chamber of Deputies, who approved it with 131 votes, against 117 negative votes and 6 abstentions.

A law to decide what lives we want to live

The law establishes the right of women and people with other gender identities with the capacity to gestate to decide the interruption of pregnancy, request and access abortion care, and receive post-abortion care in the health system services.

Free access is foreseen until week 14 of gestation. Outside this period, access can only be made in the event of rape or if the life or integral health of the pregnant person is in danger (that is, the causes that are already recognized in our legal system through Art. 86 of the Penal Code , with the interpretation made by the Supreme Court in the FAL ruling).

15 years of a huge federal struggle

With a presence in more than 120 cities and towns throughout the country, simultaneously, the National Campaign for the Right to Legal, Safe and Free Abortion participated in this historic day. By raising their green handkerchiefs high, symbol of the struggle for the right to decide throughout the world, they were finally able to celebrate having conquered the law, which is the product of the struggle of thousands and thousands for more than 15 years.

This triumph will inspire us to continue expanding rights in each space we inhabit. And not to give up. We know that the conquest of the law is only the first step. We will continue working for its effective application and the guarantee that all pregnant people can decide which lives to live.

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Media and symbolic violence: under the magnifying glass of a new Public Defender’s Office

We received a response from the Public Defender’s Office regarding the claims of symbolic and media violence carried out on the Los Angeles de la Mañana program on Channel 13 and the journalist Fabiana Dal Prá on the central noon newscast on Channel 12 in Córdoba.

“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”.

Chimentos format and forced exposure

In the program Los Ángeles de la Mañana on Channel 13 on July 23, journalist Yanina Latorre told on the air that Karina Jelinek “does not whitewash her partner”, and that “she lives as a couple, with a very pretty girl” “They live together and are cuddly”, to which he added many other expressions referring to his private life. Later, a female worker claimed that Karina did not want to talk about her relationships and that she had declared that she was alone.

This type of “gossip” and content are very frequent on television, where the high exposure of famous women always leads to their private life and sexuality being exposed. However, an analysis of the case was requested by the Public Defender’s Office since it concerns the sexual orientation of a person who did not want to be exposed.

Faced with this claim, the Ombudsman’s Office responded by justifying and endorsing the dynamics that occurred in the program, through the argument that the reading and interpretation framework in which news related to the private life of public persons are presented responds to the magazine genre of shows. In the programs of this format, according to the Ombudsman’s Office, color “chimentos” are presented, firsts of the public and private life of entertainment figures, alluding, many times, to the fact that the media do not want data about them to be mediated . That is to say, the negative position of the figures works as the trigger for a chain of situations that transcend the broadcast, expanding on the rest of the television programs related to the genre: someone announces a scoop, the famous referrer gets angry in that or another program and interviews are carried out, among other variants provided by the format.

In this framework, the Directorate understands that the information offered by the panelist [Yanina Latorre] as a scoop, integrates the expected repertoire of possibilities that the program format enables ”.

Following this, the agency affirms that the program does not identify comments of a burlesque or discriminatory tone regarding Jelinek’s sexual orientation, but quite the opposite: “Likewise, it is observed that the comments and evaluations expressed are inserted in a framework of respectful communication of gender and sexual diversity and this approach is fostered throughout the development of the topic and by the host and all the panelists. Similarly, the dissemination of positive expressions and evaluations on the subject abounds, which contributes to questioning and de-constructing binary and stereotyped conceptions about affective relationships and a respectful visibility of diversity. “

Based on these arguments, the Ombudsman’s Office considers that the situation described does not enable an intervention in terms of violation of rights.

However, we understand that the institution must advance in deeper analyzes regarding the consent that is taken for granted about the exposure of the lives of public figures, as well as the objectification and fetishization of feminities and their sexual orientations.

The gossip format, like humor, seems to be a gray space where certain speeches are enabled that can be offensive and even violent, particularly towards the lives of LGTBIQA + people.

Without ignoring the importance of protecting the privacy of all people, it is necessary to recognize that it is not the same to speak and expose the sex-affective bonds between people who adhere to the heteronorm than those who do not, precisely because of the implications they have for their lives that pass in a heterocispatriarchal world.

In turn, the comments of the panelists involve the objectification of two women and their sexual orientation, which is evident in the comments of the panelist Yanina Latorre: “I love it”, “they tell me that it is a couple . It’s great. All good ”,“ well, we are glad ”,“ not bad. It gives me divine joy. They are both beautiful ”,“ you know I was looking at her to see what it would be like to be with her, I tell you she has divine tits ”.

Finally, why assume the supposed consent of public and media people to be exposed in all areas of their life? We are concerned about the interpretive framework used by the Ombudsman’s Office since it legitimizes the logic of these magazines, which imply a denial of the consent of public figures, which ignores what Jelinek said about not wanting to talk about his private life and which may have particularly violent implications when refer to your sexual orientation.

The Ombudsman’s Office in the media approach to cases of physical and sexual violence

Let us remember the interview conducted by the journalist Fabiana Dal Prá with a rape victim. “Do you blame yourself for something?” Dal Prá asks after Dahyana, the young woman from Cordoba who was sexually attacked in Barrio Ampliación Las Palmas, recounted her painful experience.

The claim presented to the Ombudsman’s Office was responded favorably by the agency: “This approach proposes a risky interpretative framework for the facts, since by insinuating the possible guilt of the victim (even under a discursive modality of interrogation and not of explicit affirmation) it promotes the legitimation and naturalization of the acts of violence suffered ”. At the same time, it highlights the need and responsibility of those who communicate, to dismantle and eradicate violent coverage that reproduces “the guilty and naturalizing senses that those who exercise violence often express as reasons for the causality of the facts. It is important that those who communicate emphasize that all the reasons and the responsibility lies with the person who carries out the violence ”.

At the same time, the analysis of the institution revealed inconveniences at the time of safeguarding the identity of the person in a situation of violence and the absence of a badge with the 144 telephone line for assistance to victims of gender violence.

In this case, the Ombudsman’s Office recognizes that the situation presented corresponds to a case of symbolic and media violence, for which it proceeded to communicate the claim to Channel 12 and made itself available to dialogue with the channel in order to “enrich, from a rights perspective, future approaches of the station. “

The importance of the Public Defender’s Office for the eradication of gender violence

In May of this year, Miriam Lewin was appointed as Public Defender of Audiovisual Communication Services, after years of weakness and institutional weakness. This appointment has meant the strengthening not only of the Public Defender’s Office, but also an advance in the recognition of the rights of audiences as well as a renewed impetus in the fight against media and symbolic violence.

The responses received by the Ombudsman’s Office to the claims presented, in which the procedure for receiving, analyzing and returning them is clarified and made visible, indicates an important activation of the institution in pursuit of the defense of our rights.

Based on these claims, we celebrate the responses and actions of the Public Defender’s Office and, in turn, we require that progress be made in deeper and more enlightening interpretations of cases of symbolic and media violence.

More information

Contact

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

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One more step: after the half-sanction, the IVE law goes to the Senate

Después de 20 horas de sesión, con 131 votos a favor, 117 votos en contra y 6 abstenciones, la Cámara de Diputados dio media sanción a la ley de Interrupción Voluntaria del Embarazo. Esta semana inicia el tratamiento el Senado, con reuniones de comisiones y un nuevo dictamen que será votado el 29 de diciembre.

“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 Friday morning, after long hours of presentations by deputies and deputies, the vote on the IVE law was held, resulting in its half-sanction. While thousands of activists accompanied the discussion, from their homes or in public spaces in the vigils organized by the National Campaign for Legal, Safe and Free Abortion, the venue was once again filled with speeches for and against. Much of what we heard had already been said in the legislative treatment of 2018. It is that the scenario has not changed: the clandestinity of the practice poses a danger to life for pregnant people, and the possibilities of accessing it in conditions of legality and security are a matter of public health, social justice and human rights.

Deputy Gabriela Cerruti was in charge of making the closing speech of the majority opinion. Her words explain in a very simple way the sexual division of labor, and how women have historically been burdened with the responsibilities associated with reproduction and care. “It is not news that this world is unfair. […] We women know it perfectly, because for centuries they forced us to give birth to send our children to war. For centuries they forced us to give birth to exploit our kids in factories. […]. What we have come to ask you today is: stop making women’s bodies the territory of dispute of what the economy and politics cannot solve. The world is indeed unfair, but the answer is not in our womb. On the contrary: the world is unfair because it was built 500 years ago on a system based on the exploitation of women and nature. And we are the first to put ourselves in front of the battles that have to be fought to change that worldview of the world and so that the world is effectively for everyone, and so that we can live in a world in harmony, in a world better, in a world where we can all exercise our desire and our decision. “

At the end of the speech, he gave rise to an interpellation about the next discussions that should take place in our society: the distribution of care. “Care policies have to be part of State policies and they have to be part of our discussions because we have been the cheap labor that sustained this system in the last century. They would not have built their businesses, their fortunes, or their factories if we had not been in the houses taking care of the children, the parents and the husbands. We did it for centuries and we don’t want to do it anymore, or we want to do it when we decide to. Because choosing is not only choosing whether to be pregnant or not, choosing is choosing the life project, it is choosing at all times what we want to do ”.

How did the deputies vote according to their gender?

Voting results can be analyzed from several perspectives: by province, by party or political alliance, and by gender.

We are interested in specifying the latter. Of the total of 109 female deputies, 62 voted in favor, 45 against and 2 abstained. Of the total of 147 deputies, 72 voted against, 69 in favor, 4 abstained and 2 were absent. In other words, in proportion to the integration of the Chamber, it was the female vote that marked the trend in favor.

Este dato es importante para reforzar la importancia de la paridad de género en el Congreso. Las elecciones del 2019 fueron de estreno para la ley 27412 de paridad de género en ámbitos de representación política, y dieron como resultado un 10,3% de aumento en la proporción de mujeres que integran la Cámara. Y si comparamos el voto femenino de la votación de la ley de IVE de 2018 con el de 2020, el incremento es de casi un 20%.

All these data can be read in this report published by the Undersecretariat for Parliamentary Affairs of the Head of the Cabinet of Ministers of the Nation.

How is the opinion that was approved?

The approved bill is based on the one presented by the Executive Power, with the modifications introduced by the plenary of the committees prior to voting.

It is a law that establishes the right of women and people with other gender identities with the ability to gestate to decide to terminate pregnancy, request and access abortion care, and receive post-abortion care in the services of the health system.

Free access is planned until week 14 of gestation. Outside this period, access will only be possible in the event of rape or if the life or integral health of the pregnant person is in danger (that is, the causes that are already recognized in our legal system through article 86 of the Penal Code , with the interpretation made by the Supreme Court in the FAL ruling).

The term for access to the practice is 10 calendar days from its request, and the informed consent of the pregnant person expressed in writing is requested.

In cases of minors and people with disabilities or restricted capacity, referrals to the Civil and Commercial Code are provided to resolve whether they have the capacity to give consent and under what conditions they can do so.

Regarding conscientious objection, individual-type objection is allowed, and it is also indicated that those private health centers or social security centers that do not have professionals to carry out an abortion due to conscientious objection must foresee and order the Referral to a place, with similar characteristics, where the provision is actually made. On these points of the project we develop more in this note.

However, health personnel may not refuse to carry out the practice in the event that the life or health of the pregnant person is in danger and requires immediate and urgent care. Nor can conscientious objection be alleged to refuse to provide postabortion health care.

In addition, it strengthens the State’s responsibility to implement the Comprehensive Sexual Education law, and to establish active policies for the promotion and strengthening of sexual and reproductive health for the entire population.

What are the next steps in the Senate?

This Monday it is expected that the treatment of the project will begin in the Senate, with the presentation of members of the Executive Power before the plenary of the Justice, Health and Women’s Banking commissions. Tuesday and Wednesday will be dedicated to receiving specialists nominated by senators and senators. On Thursday, it is expected that there will be a discussion between members of the commissions to pass the opinion to signature, with the expectation of taking it to the site on December 29.

In this second instance of legislative discussion we reinforce our request for a respectful debate with arguments, and we hope that the voluntary interruption of pregnancy will be law before the end of the year.

Contacto

Mayca Balaguer, maycabalaguer@fundeps.org