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Equal Pay Day: Equal pay for equal work? Same task?

On April 9, the equal pay day between men and women was established in our country. As of today, we have large gender gaps that are far from closing.

“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”.

Women charge less than their male peers. That is a fact. What’s more, transgender people also get even less, or are directly excluded from the labor market. On March 16, the National Directorate of Economy, Equality and Gender of the Ministry of Economy of the Nation presented the report “Gender gaps in Argentina: State of situation and challenges“. There, it is evident that the total income gap between men and women (calculated as the relative variation between the average income of men and the average income of women) is 29.0%, and it widens for female employees. informal, reaching 35.6%.

So, we can say that the same is not charged for the same tasks. But we can also ask: do we perform the same tasks as men and women? The tasks that women mainly perform within the home, and that correspond to reproductive work, have historically not been considered as such and, therefore, have not been remunerated. The incorporation of women into the labor market has not generated a fairer distribution of domestic and care tasks within the home. Women are still responsible for most of these tasks and spend almost twice as much time as men, even when they work outside their homes. Situation that deepens if they study or if they participate in spaces of activism and / or militancy. In other words, they work double and triple days, but they earn less than their male counterparts. And there the inequality appears before our eyes.

Feminisms and women’s movements and sex-gender diversities and dissidents have been thinking about these gaps for a long time. The sexual division of labor, glass ceilings and walls are some analysis tools that have been developed to understand this unequal reality. To understand and transform it.

Today, the idea persists that women have a natural instinct to care. Jobs that involve care and are mostly performed by women are the worst paid. Gender stereotypes are in order in job interviews, tenders, and promotion and responsibility decisions. Men are not obliged to reconcile their life at home with work outside of it, women are. Women see their possibility of training, improvement and job promotion diminished (a phenomenon called the “glass ceiling”) in the years they have children in their care. Boys don’t. The law grants women longer work licenses to care for sons and daughters. But far from being a privilege, the latter not only results in discrimination when hiring or considering a woman for promotion. It also reinforces the stereotypes of a mother woman and a father only as a provider for a typical family, which should not take care of children under their responsibility.

Women not only earn less, but are forced to spend more. There is what is known as the “tax pink”. The market offers products that are directed towards women and that are ostensibly more expensive. These products range from a deodorant, a razor to a medicine, such as ibuprofen “fem”. However, they fulfill the same functions as for men. There is no factual difference to support a different price. Only stereotypes that oppress and harm women culturally and economically are reinforced. Likewise, the sexual and (non) reproductive health of cis women, trans people and any menstruating body is affected with the absence of public policies that transform free access to elements for menstrual management into a right.

Particularly, within the current conjuncture of the Covid-19 pandemic, it can be considered a hinge, break moment in global society. Not only in the ways of functioning of the economy and the way of executing the different interpersonal relationships, but, in turn, the veil is drawn on the multiple tasks of care performed by women. These are unpaid work. Thanks to this, it is that the man can enjoy a great wealth of time that allows him to train, get better jobs and have time for leisure.

All this reinforces the inequality that doubly affects women. First, because they work for their families for free, given the naturalization of this work due to the requirement of gender stereotypes. And second, they are subtracted from the time to access, like the men, spaces for training, leisure and self-care.

Along these same lines, we must not forget that the World Health Organization considers gender violence as a social epidemic. The Observatory “Women, Dissidence and Rights” of the Women of the Latin American Matria-MuMaLá reported that since March 12, the day the first measures of social isolation began, as of April 3, 15 femicides were registered.

Lastly, we celebrate the preparation of the report on gaps by the National Directorate of Economy, Equality and Gender of the Ministry of Economy and we urge the State and the private sector to produce and put into action, together with civil society, public policies tending to close gender gaps. This can only be achieved with the elimination of gender stereotypes, inclusion in the measurements of LGBTIQ + people, analysis of the economy with a gender perspective, democratization of care and the participation of women, gender and diverse and dissident sexes in the elaboration and decision making on those policies.

Authors

  • Ivana Sanchez
  • Constance Attwood

Contact

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Gender training: a growing demand for our rights

During the month of March, we carried out two trainings for important social actors: health professionals and the public administration 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”.

Gender at work: the gaps we inhabit and don’t see

On Thursday, March 12, we trained the personnel of the Property Registry of Córdoba, on gender and work. It had the objective of identifying the gender inequalities that exist in the formal and informal labor market, and in the paid as well as in the unpaid, to begin to reflect on the possible ways to combat them.

In a room made up mostly of women, the presence of a few men was significant and valuable in the sense of being a clear proof of the cultural change that is taking place in our society.

With comments, data contributions and questions, the people who participated in the training showed their amazement at the gender inequalities that exist in the different work environments and their interest in thinking about new strategies and lines of action to advance in gender equality. in these spaces.

Conscientious objection: the Trojan horse in the Voluntary Termination of Pregnancy laws

On Friday, March 13, we carried out a training aimed at the Network of Health Professionals for the Right to Decide. The objective was to learn about the uses and abuses of conscientious objection in the health field, and fundamentally, in sexual, reproductive and non-reproductive health services.

Conscientious objection is a legal institute that allows exemption from a certain obligation when it contradicts a person’s moral, ethical or religious convictions. However, it is often used in an abusive way, and it becomes an obstacle when it comes to guaranteeing fundamental rights, such as access to termination of pregnancy in cases where it is legal.

In a scenario in which the discussion on the law of Voluntary Termination of Pregnancy is looming, it is important to know the fundamentals behind this type of institutions, and the experiences existing so far in its practice and regulation.

Training as a guarantee of human rights

We celebrate these instances of training aimed at State agents, accompanying and legitimizing the provisions of the Micaela Law.

We understand that the gender training of these actors is essential to guarantee the rights of all people, and translates achievements achieved after years of struggles by social movements, women and LGBTIQ + people.

Contact

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

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LETTER TO THE INTENDENT MARTÍN LLARYORA: We need policies that address the problems of our city

Following the opportunity represented by the change of management at the municipal level, we want to express ourselves on key issues for the future of our city. Therefore, we jointly address other Cordoba organizations to the new Mayor of Córdoba, Martín Llaryora, with the aim of making recommendations regarding structural problems that cause serious damage to human rights.

“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”.

Within the framework of the assumption of the new municipal management, there are unattended situations for years that need an urgent response. Through an open letter, we announce in ten points what these problems are and we make ourselves available to the new cabinet to work in an articulated way.

The ten points are summarized in:

  1. Environmental and health emergency in the Chacras de la Merced neighborhood
  2. Solid Urban Waste
  3. Urban Planning and Development
  4. Gender parity in the cabinet
  5. Trans labor inclusion and quota law
  6. Access to Legal Disruption of Pregnancy in Primary Care Centers
  7. Application of the Micaela law
  8. Access to public information
  9. Healthy school environments
  10. Smoke-free environments and protection of the non-smoker

These are 10 points, which are not exhaustive or exclusive of other problems, but require an urgent response because of the critical situations they represent. We hope that in the next 4 years we can articulate a joint work to continue advancing in the fulfillment of the human rights of the Cordoba community.

Access the full letter

Contact

Carolina Tamagnini, carotamagnini@fundeps.org

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Now yes: There is updated ILE Protocol

With the assumption of the new president Alberto Fernández on December 10, and after recovering his category of Ministry the health area, the third update of the National Protocol for the comprehensive care of people entitled to health was published in the Official Gazette legal termination of pregnancy. Update that a little less than a month ago was vetoed by former President Mauricio Macri, after his own Secretary of Health Adolfo Rubinstein gave him momentum.

“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”.

After the comings and goings of the previous government regarding the publication and after the repeal of the update of said Protocol, the current Minister of Health Ginés González García, a day after taking office, held a press conference at Casa Rosada in which announced that the update of the Protocol would be published in the next few hours. So it was.

Through Resolution No. 1/2019 published on December 13, what González González García had already anticipated was reflected: this protocol is an imperative of the national health policy on sexual and reproductive health.

It is nothing more than a procedural guide to guarantee the rights already stipulated by law. It also provides support to professionals who must comply with it, due to the intimidation suffered in recent times by anti-rights groups.

The update of the Protocol has few variants with respect to the previous one, resolved by Secretary Adolfo Rubinstein. One of the most relevant is the flexibility regarding conscientious objection to ensure that it does not prevent the legal interruption of pregnancy. On this issue, González García said, “we are respectful of conscientious objection, but it cannot be an institutional cut so that the law is not fulfilled.”

It is important to highlight this issue, due to what happened this year in the Province of Tucumán with the Lucia case, in which health officials hindered the realization of the ILE, waiting at 7 months of gestation to perform a caesarean section against The will of the girl. All kinds of pressure was exerted against her and her family, in addition to the violation of her rights.

In this regard, the Minister also spoke, trusting the accession of the Provinces to the Protocol so that, in this way, the rights of those who can and wish to access an ILE, and professionals who have the duty to comply with the law.

It is important to highlight that the first Protocol was prepared in 2007 during the first administration of the current Minister, and then it was updated in 2010 and 2015, when the provisions made by the Supreme Court were incorporated in the FAL Judgment of 2012 .

On this occasion and in line with the recently repealed Protocol, the update was carried out in accordance with the new Civil and Commercial Code sanctioned in 2015, and with the latest recommendations made in this regard by the World Health Organization (WHO).

One of the relevant issues in this regard is that according to the Argentine Civil and Commercial Code, a pregnant person from 16 years of age is considered an adult. Therefore, your informed consent is sufficient when requesting the application of an ILE.

Main topics

Due to the short time elapsed between the update of the Protocol by Secretary Rubinstein and the current one, the central points continue to be basically the same, as explained by Fundeps before.

It is important to continue emphasizing that the Protocol aims to “guarantee the dignity and rights of every person capable of gestating and, therefore, potential subject to the right to ILE, when their life or health is in danger, or they are taking a pregnancy product of a violation, regardless of whether it is a person with or without a disability ”.

Therefore, its main points are:

  • Reaffirms the ILE as the right of women and pregnant people.
  • The consent is adapted to the new Civil and Commercial Code, respecting the progressive autonomy of children and adolescents and people with disabilities and capacity constraints.
  • According to the CCyC of the Nation, from the age of 16 the pregnant person is considered adult.
  • Between 13 and 16, you can autonomously request an ILE when it does not involve a serious risk to your health or life.
  • It recognizes the possibility of conscientious objection, but states that it cannot be an obstacle to access to the ILE.
  • It guarantees the speed. The deadline between the request of the ILE and its completion must not exceed 10 calendar days. If a doctor is a conscientious objector, he must refer one who is in less than 24 hours.
  • It gives security to health workers to carry out the practice.

The situation in the provinces

On this issue, the new Minister was also issued by saying that “in a federal country, much depends on the adhesion of the provinces. There are already many that are attached, but unfortunately some large provinces, such as Buenos Aires for example, did not approve the protocol. ”

Recall that in 2012, the FAL ruling urged the national State and the provinces to provide the necessary conditions to carry out legal interruptions of pregnancies quickly, easily and safely.

Until today, still 7 provinces unfortunately did not have their own regulations or adhere to the protocol of the Nation. Santiago del Estero, Tucumán, Corrientes, Mendoza, San Juan, Catamarca and Formosa, were part of this number.

The good news is that after the announcement of the Ministry of Health of the Nation, the Undersecretariat of Human Development of the province of Formosa, declared in a local environment that the province adheres to the Protocol since 2015 “always preserving the victim, point by which the adhesion in the province was not announced ”.

Beyond the reading that can be made of this statement, the important thing is that finally one more province pronounced itself publicly regarding its adherence.

The words of the Minister stating that “we do not believe that it is easy or that the protocol itself changes history, but we are willing to change history far beyond the protocol”, is a halo of hope that brings this new government, in The fact that the advancement of recognition of rights, the decriminalization of abortion and the legalization of voluntary termination of pregnancy no longer seem as distant or difficult to achieve, and we hope that they will soon be a reality.

Author

Valentina Montero

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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We present amicus curiae in defense of reproductive freedom in Córdoba

This Monday we present ourselves as “Friends of the court” in the case before the Court No. 7 of the province of Córdoba, by Dr. Susana Ottogalli de Aicardi, following the complaint of women victims and professionals in the area of primary health against the service of the Provincial Maternal and Neonatal Hospital Dr. Ramón Carrillo.

“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 Córdoba Public Interest Law Clinic (CLIP), with the support of the Catholic Civil Association for the Right to Decide and the Latin American Justice and Gender Team (ELA), denounced in early October the breach of Provincial Law No. 9344 of Surgical Contraception at the Maternal and Neonatal Hospital of Córdoba, for the systematic violation of the reproductive freedom of women users of the health system.

The presentation details the historical and systematic obstruction of access to tubal ligation, through institutional violence and different attacks on the dignity of women seeking access to the surgical contraception service.

In our brief, we bring to the Court relevant factual and legal grounds for the defense of the right to health and a life free of violence. Specifically, we prepare a brief updated summary of the recommendations, observations and pronouncements of international organizations that oversee the application of human rights treaties, which have constitutional hierarchy in our country.

The denial or obstruction of access to sexual and reproductive rights that involve life free of violence, non-discrimination of any kind, family planning, as well as access to health services and the information necessary to fully exercise them , constitute acts of violence, especially if they are exercised on women.

It is the duty of the State to guarantee women the full enjoyment of their rights and to prevent and punish those who do not facilitate or guarantee access to essential services to women, in conditions of security and accessibility.

It is essential that Justice be issued in favor of the effective realization of human rights, especially of the groups most historically violated and on issues of essential importance such as the right to health. The denial or obstruction of access to these rights constitutes a serious act of violence against women, which must cease immediately, by virtue of the international commitments assumed by our country, and in respect to human rights and our current legal system.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Request an ANMAT to update your National Drug Vademecum

Within the framework of our work for access to sexual and reproductive rights from a public health perspective and respect for human rights, we request the National Administration of Medicines, Food and Medical Technology (ANMAT) to update its list of authorized medications in the country, according to the medicines that appear in the Model List of Essential Medicines of the World Health Organization. In addition, we ask that you create a national list of essential drugs for primary care.

“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 World Health Organization has a Model List of Essential Medicines (LMME), which consists of those medications that cover the population’s priority health care needs. Their selection is made according to the prevalence of diseases and their safety, efficacy and comparative cost-effectiveness.

Within the LMME of 2019 are certain medications, which are used for treatments in sexual and reproductive health, which are not in the National Vademecum of Medicines of Argentina. However, its incorporation is essential to guarantee the right to enjoy the highest possible level of physical and mental health, and the right to enjoy and benefit from scientific and technological advances.

Based on all the norms that protect these rights, locally and internationally, fundamentally the National Program of Sexual Health and Responsible Procreation, created by National Law No. 25.673, Law No. 26529 on Patient Rights, Law No. 26.743 of Gender Identity and the National Law No. 23.798 of AIDS, among others, we ask the Administration to incorporate, and guarantee the availability and access, of medicines for the treatment of the Legal Interruption of Pregnancy, treatments for HIV, medication for treatments of hormonal replacement, contraceptive methods and medications for the treatment of Sexually Transmitted Infections (STIs).

We also request that a national list of essential medicines for primary care be created, to follow, as far as possible, the guidelines established by the World Health Organization. The Special Rapporteur on the right of every person to enjoy the highest attainable standard of physical and mental health, in his 2006 report, indicated that “every State has to prepare a national list of essential medicines using a participatory process. […] A State has the basic obligation of immediate effect to make essential medicines available and accessible throughout its jurisdiction”

We believe that it is necessary to have medications that, in their necessary and appropriate doses, are in accordance with our national and international regulatory framework, while being essential to guarantee the health of people who require these practices and services, in a safe and accessible to the entire population, without discrimination.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Parity: that challenge always pending

We demand it in the marches, the partisan companions asked for, it has been promoted for decades with laws and projects and yet not. Again a priority male cabinet. Again a non-representative and non-diverse cabinet.

After speculation, meetings, arrangements and negotiations, finally Alberto Fernández, the president-elect, announced the formation of his cabinet. The Vice Presidency of the Nation, a charge of Cristina Fernández de Kirchner, joins the Office of the Chief of Staff, a charge of Santiago Cafiero, the General Secretariat of the Presidency headed by Julio Vitobello, Vilma Ibarra in the Technical and Legal Secretariat (the authorities of the Secretariats have the rank and hierarchy of Minister) Gustavo Beliz in the Secretariat of Strategic Affairs, Martín Guzmán in the Ministry of Economy, Martín Kulfas in the Ministry of Production, Felipe Solá in the Ministry of Foreign Affairs, Wado de Pedro in the Ministry of the Interior, Daniel Arroyo in the Ministry of Social Development, Eliana Gómez Alcorta in the Ministry of Women, Gender and Diversity, Marcela Losardo in the Ministry of Justice, Ginés González García to the Ministry of Health, María Eugenia Bielsa to the Ministry of Territorial Development and Habitat, Gabriel Katopodis to the Ministry of Public Works, Agustín Rossi to the Ministry of Defense, Sabina Frede ric to the Ministry of Security, Claudio Moroni to the Ministry of Labor, Mario Meoni to the Ministry of Transportation, Nicolás Trotta to the Ministry of Education, Tristán Bauer to the Ministry of Culture, Roberto Salvarezza to the Ministry of Science and Technology, Matías Lammens to the Ministry of Sports, Juan Cabandié to the Ministry of Environment and Luis Basterra to the Ministry of Agriculture.

To these Ministries, the state company AYSA and the AFIP and PAMI organizations, headed by Malena Galmarini, Mercedes Marcó del Pont and Luana Volnovich, respectively, are added. In addition, Cecilia Todesca as Deputy Chief of Staff, Adriana Puiggrós as Deputy Minister of Education and Victoria Tolosa Paz in the Social Policy Council.

The photo of the brand new Pink house: Suit, tie, suit, tie, beard, mustache, shirt, handshake. What does that photo tell us that returns so much homogeneity, classism and androcentrism?

D´Alessandro, Vales and Snitcofsky, in an article published in 2017, “Overview of the glass dome in the State” state that: androcentrism?”

“There are more ministers called Juan than female ministers in the history of Argentina. Since 1983, there were only 16 women in this position in different governments, with 154 male ministers who succeeded each other. Nor is there a long history, the first was the first was Susana Ruiz Cerutti in 1989 and lasted only 45 days. Today, women are 31% of the total workers in the positions that make up the organic structure and authorities of the national executive branch, however, there are only 3 women in the 23 front-line positions (ministries, cabinet and chancery); that is, just 13%. In this layer there are also more graduates of the Cardenal Newman school than ministers. ”

This image of the outgoing government ministerial portfolio is a photo that is repeated. Far from parity, once again the political dynamics, relegate women to a few positions.

After the ministerial reorganization, the Cambiemos government left only 2 of the 11 ministries run by women. The new government shows a slight improvement as it increases the number of women in these positions to 5, but still, it is very far from parity: in total, women occupy 21.7% of the 23 positions with ministerial hierarchy of first line (counting the Headquarters of Cabinet).

In the case of the Legislative Power, the permanent struggle of women and dissidents became legal tools. Not without enormous resistance, criticism and violence, in 1991 Argentina sanctioned a Women’s Quota law – law 24.012 – which states that “lists submitted to elections must have women in a minimum of 30% of candidates for office choose and in proportions with the possibility of being elected ”. Today, about 30 years after its implementation, we recognize that the measure was positive. Discussion topics were expanded, key laws were passed and new rights were acquired in matters of identity, family, health and education. In 2017, the Chamber of Deputies of the Nation approved and converted into law the so-called gender parity for the integration of lists of legislative candidates in the national jurisdiction. Thus, as of 2019, the lists should place men and women in an interleaved and consecutive manner, achieving a 50% distribution for each gender. But in the case of the Executive Power, there is no regulation that requires expansion or parity in the formation of cabinets. The participation of trans bodies and dissent in the public-political sphere and in the key decision spaces are still pending challenges.

“In addition to these obstacles, and others where stereotypes and machismo play an important role, there is an underlying prejudice and it is that women do not reach high-level positions because they do not have the necessary education, experience and / or capacity . If we assume that the best or most qualified are always in the government leadership then we should ask ourselves why women are only 10% of the ministers we have had since 1983 to here. Women (…) are more than 40% of workers, have an average year of education more than their peers and are 60% of university students and graduates ”(D´Alessandro, Vales and Snitcofsky, 2017).

According to the UN Women in Politics map, as of January 2019, women have only 20.7% of ministerial positions worldwide, being the highest figure in history. Argentina today, manages to overcome this figure with a government that announces itself progressive, has equity as a priority and addresses specific issues that are fought from feminisms and dissent.

We are more, but there is still much to conquer

Those who militate diversity, rescue what has been achieved and continue fighting for spaces, laws and actions that are still to be achieved. Regarding the presidential cabinet, first, we look at those who access positions of power, questioning how and why they get there. When we see relatively homogeneous and masculine bodies, we only have to ask ourselves whether as a society and from politics we are doing enough to guarantee equal opportunities, more friendly spaces and other more open and inclusive ways of leading. Second, the glass ceilings and walls. Those hermetic power structures, continue to define what roles are assigned to whom based on the generic sex system. Women with some access to education can occupy spaces but only up to a certain point (in this case, be the second of, secretaries, vice-ministers and always advisors), and in certain work areas associated with an extension of care tasks and reproduction: habitat, equality, education or justice, among others.

Now we add a new ministry, the great campaign promise. The Ministry of Women, Gender and Diversity. A whole team dedicated to work on these issues, something not less and appropriate to the demands of our times. However, the commitment to equality and equity must be reflected beyond a ministry. It requires a commitment to mainstreaming and not a mere name.

We want diversity to ensure effective representativeness. But the mere existence of women in positions does not guarantee the gender perspective: it is not enough only with the greater presence of female bodies, but with people who are aware and work to reduce the inequalities of power that cross us through issues of gender, sexuality , race, age and class.

The demand for diversity in ministerial positions and the gender perspective at the transversal level is not a whim. It is shown that the greater the diversity, the better decisions are made. We have seen how the gender perspective allows us to be aware of multiple oppressions and build fairer societies. We want to have leadership figures that represent us, who know about our vulnerabilities and build forms of governance that tear down walls and glass ceilings.

In a context where, according to official INDEC figures, women have a lower participation in the labor market (42% against 64% of men), a higher unemployment rate (8.4% against 6.9% of men) and we charge 74% of the salary a man charges for the same task, we will fight until we get a different photo, at the height of our times, at the height of our battles.

Returning to the words of Simone de Beauvoir: “Never forget that a political, economic or religious crisis will suffice for women’s rights to be questioned again. These rights are never taken for granted, you must remain vigilant all your life.”

Authors

Paula Kantor and Emilia Pioletti.

Contact

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

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Observations on IDB Invest’s Environmental and Social Sustainability Policy draft from a gender-sensitive perspective

This document aims to present the observations and comments to the draft of IDB Invest’s new Environmental and Social Sustainability Policy from a gender perspective, which is practically absent in the current draft. These observations are made with the aim of making conflicts and existing problems in the actions of IDB Invest more visible, related to the violation of rights, inequality, violence and the sexual division of labour, first and foremost.

Descargar Documento / Download File
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The ANMAT Provision that authorized the sale of Misoprostol in pharmacies is suspended

The judge in the Federal Administrative Litigation No. 11, Cecilia Gilardi de Negre, issued on Thursday a precautionary resolution within the framework of the collective protection initiated by the Association for the Promotion of Civil Rights and by the Civil Association Portal de Belén.

“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 case, initiated in 2018, organizations question the constitutionality of the Protocol for the comprehensive care of people entitled to the Legal Interruption of Pregnancy of the Ministry of Health and Social Development, and Provision No. 946/2018 of the National Administration of Medicines, Food and Technology (ANMAT), issued on 12/10/2018, while authorizing Laboratorios Domínguez SA a new condition of sale (under archived prescription).

Suspension of sale in pharmacies

The precautionary measure orders the suspension of article 2 of the provision, and is based on the reading of the MISOP 200 leaflet, as it indicates that its improper use or outside of the recommended indications may be harmful to health.

However, as indicated by the Ministry of Health and Social Development when appearing before the Court in the context of the case, Misoprostol presents security for ambulatory use with medical follow-up, without risks for the person entitled to access the interruption if It is done during the first trimester of pregnancy. Likewise, the availability of the drug in pharmacies, under an archived prescription, allows the pregnant person, together with their doctor, to decide how and where to carry out the termination of pregnancy in the cases allowed by law, without the need to attend the system Health public

Likewise, as we affirmed in our amicus, access to the medicines necessary for the termination of pregnancy, classified as essential by the World Health Organization, is part of the fundamental human rights in health matters to which the Argentine State is bound by Your international commitments. The Committee on Economic, Social and Cultural Rights, in its General Comment No. 22, on the right to sexual and reproductive health, establishes access to essential medicines as a standard for States parties. In this regard, when describing the elements of sexual and reproductive rights, and developing the concept of availability, the Committee states that: “Essential medicines must also be available, including a wide range of contraceptive methods, such as condoms and contraceptives emergency, medications for assistance in cases of abortion and after abortion, and medications, including generic drugs, for the prevention and treatment of sexually transmitted infections and HIV ”.

The attack attacked, and now suspended, aimed at ensuring the rights of people who require access to this medicine for the practice of legal termination of pregnancy. There are no technical, medical or therapeutic reasons to prevent the pharmaceutical circulation of misoprostol in its presentation of 200 mcg pills, and, consequently, restrict this medication only to hospital use as intended.

Soup again

The protection presented by these organizations is only another attempt to impede rights. We recall that there is a systematic practice by these groups to prosecute each of the advances that are achieved in our country in terms of sexual, reproductive and non-reproductive health. They already did it locally: Portal de Belén got the local protocol for the care of non-punishable abortions to be suspended for more than 7 years. In that case, Prodeci had introduced himself as amicus curiae. Now, their efforts are focused on the federal order.

ILE is still right

It is important to clarify that the resolution only suspends the application of article 2 of Provision No. 946/18 of ANMAT, which authorized the sale of MISOP 200 of Domínguez Laboratories in pharmacies, under archived prescription. The precautionary request of organizations to suspend the national protocol was rejected, so its application remains in force.

Nor does the availability of MISOP 200 change for gynecological use in hospitals and health centers, nor the availability in pharmacies of misoprostol in its other commercial form, Oxaprost, from Beta Laboratory.

It is unfortunate a resolution of these characteristics, taking into account that in our country the legal abortion due to causes is a right since 1921, and the Argentine State has been repeatedly recommended to facilitate access to the practice in safe conditions.

In addition to the pending resolution of the merits, the legislative treatment of the Voluntary Interruption of Pregnancy is imminent, for which the discussion on the availability of essential medicines for practice should be resumed.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Elections that gave no respite to gender violence

In August, during the election campaign, newspaper profile published a note assaulting Ofelia Fernandez. From Fundeps we denounced to INAM and INADI but their responses were lukewarm and insufficient in the case of INAM and restrictive in the case of INADI.

“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 July 27, Diario profile published a note entitled “Operation cancel” in which it intended to make a brief analysis of the link between social networks, new technologies and political participation.
With this objective, the author of the note, Pola Oloixarac, took as a reference figure the candidate for legislator by the City of Buenos Aires, Ofelia Fernández, making the following statement:

“In cyclic olitas, as things and people circulate on the web, we learn that certain characteristics of the Argentine bourgeoisie have an unwanted effect on the vagina of the candidate for legislator Ofelia Fernández. In a video where she is seen talking from a pulpit, she says that “the warmth of the bourgeoisie dries my shell.” Ophelia revitalizes the Marxist troop of the class struggle by bringing it closer to the immediacy of her bombshell: she invites us to think that there is an unsatisfied sexual drive in the status quo, and that the heat of the coming revolution is the only thing that could excite the young woman Ophelia According to that image, voting for Ophelia is an invitation to please her sexually, preparing her for a successful intercourse. At 19, Ofelia understands that the personal is political, that is, that the political is genital: that the Pindongas and cuchuflitos of each unite are somehow called to participate in the collective hysteria of the revolution (or the Change).”

In the cited paragraph, the author takes the metaphorical expression used by Ophelia to communicate her disagreement and rejection of certain political practices and makes a literal interpretation with the clear objective of running the debate from the political to the sexual level, degrading her for her status as a woman .

It is important to mention that it is not the first time that the newspaper profile exercises media and symbolic violence against Ofelia Fernández. On November 21, 2018, this same publisher published a note entitled “The schoolgirl k that impacted the G20 counter-summit”. The recidivism of this type of action realizes the urgent need for State agencies responsible for eradicating gender violence to carry out the necessary interventions to achieve this goal.

Faced with the violence of these speeches, from Fundeps we present the corresponding complaint to INAM and INADI through their web pages. Although the first agency received the complaint, INADI contacted by telephone to inform us that the option to make complaints by that means is no longer available and that they must be submitted in one of its offices. We understand that the restriction of the channels to make claims means a restriction on the rights of the hearings, limited to those who have knowledge about this administrative route, the time and resources to do so.

For its part, INAM’s response comes after two months of having filed the complaint; the Institution acknowledges that there was misogyny in the story, but that the author of the note did nothing more than give a literary or philosophical interpretation to Fernández’s sayings, thus minimizing the symbolic, political and media violence to which she went submitted the candidate. The document sent by the institution states:

“Although, mention is made of the genitals of the then candidate, and that should not be part of a political analysis, the note takes up textual phrases from the political leader and the article seems to become an elaborate analysis of those phrases, with some fragments of a rather literary or philosophical tone that include other figures of politics and / or culture. We understand, however, that there was misogynist production in a series of articles or journalistic coverage based on this candidate, although not only, but also other women in politics. ”

The last paragraph cited recognizes the misogyny from which the journalistic approaches to the group “women in politics” are made. However, instead of aggravating and sustaining the claim presented, the paper underestimates these misogynistic violence by falling into a collective.

It is clear that the newspaper profile profile reaffirms and reproduces the political violence faced by women who choose to perform within party politics, and accounts for delegitimization strategies through the reification and sexualization of their bodies. A deal that, on the contrary, is never applied to their male peers.

This type of action delegitimates and disables the political participation of women, as well as undermines the effectiveness of the recently implemented Law of Gender Parity, interfering with the possibility of performance on equal terms as men. This attack on Ofelia Fernández constitutes an attack on all women and a disciplinary and expulsive message from the political arena.

From the above, it is evident that we are facing a case of media and symbolic violence as stipulated by Law 26,485 on the Integral Protection of Women. This regulation defines media violence as follows:

“… That publication or dissemination of messages and stereotyped images through any mass media, that directly or indirectly promotes the exploitation of women or their images, injures, defames, discriminates, dishonors, humiliates or attempts against the dignity of women, as well as the use of women, adolescents and girls in pornographic messages and images, legitimizing inequality of treatment or constructing sociocultural patterns that reproduce inequality or generate violence against women”.

Symbolic violence, on the other hand, is defined as one that “through stereotyped patterns, messages, values, icons or signs transmits and reproduces domination, inequality and discrimination in social relations, naturalizing the subordination of women in society»

The aforementioned note also constitutes a violation of subsection m. Article 3 of Law 26,522 on Audiovisual Communication Services, which establishes the obligation to “promote the protection and safeguarding of equality between men and women, and the plural, egalitarian and non-stereotyped treatment, avoiding all discrimination based on gender or sexual orientation. ”

This content, besides constituting an act of violence in itself, functions as a legitimator and a motivator of other expressions of violence. Ofelia Fernández shared the misogynist and macho messages she received in her networks from this publication and declared “It hurts the electoral campaign a lot to enable us to be treated like this. Unfair and unpleasant. ”

Author

Mila Francovich

Contact

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

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We present amicus curiae in defense of the ILE and the sale of misoprostol in pharmacies

We present an amicus curiae (Friend of the Court) in the case before the Federal Administrative Contentious Court No. 11, for an amparo presented by the Civil Association Portal de Belén and by the Association for the Promotion of Civil Rights (ProDeCi), where they question the constitutionality of the Protocol for the comprehensive care of people entitled to the Legal Interruption of Pregnancy of the Ministry of Health and Social Development, and of Provision No. 946/2018 of the National Administration of Medicines, Food and Technology (ANMAT).

“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”.

All against the ILE

At the end of last year, the Civil Association Portal de Belén presented an amparo before the federal justice of Río Cuarto requesting that “the absolute and inadmissible nullity of the“ Protocol for the Comprehensive Attention of Persons with the Right to Legal Interruption of Pregnancy be declared ”, For violation of the right of collective incidence to life, and that the absolute and insanity nullity be declared for unconstitutionality of Provision No. 946/2018 of the ANMAT, issued on 10/12/2018, while authorizing the firm Laboratorios Domínguez SAa new condition of sale (under archived prescription). ”In addition, they requested a precautionary measure to suspend the effects of both resolutions.

However, the federal judge of Río Cuarto declared himself incompetent. Although the cause is of federal competence because of the people, because the National State is being sued (through its ministry and one of its dependencies), it was appropriate to refer the proceedings to the Federal Court in Administrative Litigation in turn of the Autonomous City from Buenos Aires, which turned out to be No. 11.

Meanwhile, a similar case was filed before the Federal Contentious Administrative Court No. 7, initiated almost simultaneously by the Association for the Promotion of Civil Rights (PRODECI). PRODECI is an organization “constituted with the purpose of promoting family, life and values, from the law, justice, communication, citizen participation and dissemination”, as can be seen on its website. However, there is no information on who makes it up or how it is financed, although its website details the activities carried out against sexual and reproductive rights, such as Integral Sexual Education. This organization had presented itself as a “friend of the court” in the case that Portal de Belén initiated in the Province of Córdoba against the local protocol.

Thus, by indication of the Federal Prosecutor, and having the same purpose, both cases were accumulated in Court No. 11, as well as the Benefit to Litigate Without Expenses requested by PRODECI. At this time the file is in the office, waiting to resolve the request for the precautionary measure.

#ILEYaEsRight

In the document presented, we accompany fundamentals based on the local legal system, its norms and principles, international human rights treaties with constitutional hierarchy, the pronouncements of international organizations created to monitor their validity and the recommendations of the institutions with the highest authority in the matter health, such as the World Health Organization, with the aim of defending the validity of both the national protocol and the provision of ANMAT that allows the sale of misoprostol in pharmacies.

In addition, we express that reversing any of the two provisions would be contrary to the principle of progressivity and not regressive of human rights, and that it could irreparably injure the human right to health of women and pregnant people in our country. Both provisions are nothing more than the expression of a public health policy that aims to facilitate access to the provision of an essential service that must be guaranteed by the State.

Finally, we consider that the action presented is just another attempt by these organizations to impede the right to access to legal termination of pregnancy, as they did already at the local level. It is worth remembering that the protection attempted by Portal de Belén in our province was rejected by the TSJ last year.

It will be law

It is hard to believe that at this point we have to continue defending such basic rights in court. Access to legal abortion for reasons has been a right since 1921. International human rights organizations have repeatedly recommended that the State of Argentina facilitate access to practice in safety, and have even instructed it to review its regulation, approving the bill concerning the voluntary termination of pregnancy.

However, all forecasts indicate that next year the bill on Voluntary Interruption of Pregnancy will have legislative treatment again. After so many years of struggle, the abortion of the Criminal Code is imminent.

The enactment of an IVE law will mean an advance in the recognition of the human rights of women and pregnant people, fundamentally of the rights related to sexual and reproductive health and the recognition of their freedom and autonomy. Sooner rather than later, it will be law.

More information

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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We present amparo action against the Province due to lack of information

At the end of October of this year we present an action for amparo for late payment, within the framework of Law No. 8803 that regulates the right to access to knowledge of State acts, against the Ministry of Health of the Province of Córdoba, for not having responded to a request for public information filed on August 6.

“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”.

Within the framework of our work in monitoring and promoting public policies that respect human rights, with special interest in accessing health services in sexual and reproductive health in the province of Córdoba, we requested information from the Ministry of Health of Córdoba and the directors of the main provincial hospitals.

The information requested focused on the services provided by the Sexual and Reproductive Health Program, with questions about the number of patients who received care, the amount of training that was done in the province on the subject, the budget allocated to the Program, between others. In addition, questions about the services of Legal Disruption of Pregnancy were specifically included, and about the regulations applied to cases of conscientious objection.

In the absence of a response from the Ministry of Health, one month after having dispatched the request, we submitted a request for prompt dispatch, but we also did not obtain any response. It is worth clarifying that the period provided by Law No. 8803 for the provincial State to answer these types of requests is 10 business days. At the end of October, because this deadline was long overdue, we decided to initiate an action for amparo for late payment, which is currently being processed in the Chamber of Administrative Litigation No. 1 of the provincial justice.

The difficulties of accessing information in Córdoba

The right of every person to request and receive complete, truthful, adequate and timely information from any body belonging to the public administration is a fundamental human right to guarantee citizen participation, the strengthening of the democratic system, the transparency of public management. and the effective enforcement of other rights.

Throughout this year, from Fundeps we presented a total of 62 requests for public information to various provincial and municipal public agencies. All meet the deadline, and we only got 3 answers.

It is unfortunate that we have to resort to judicial proceedings in order to access information that is public. It is necessary that the Province review the regulations and enact a law that contemplates the minimum standards for the effective validity of this right, so we request that the law on access to public information be updated.

More information

Contact

Mayca Balguer, maycabalaguer@fundeps.org