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Health at risk: government decisions that affect us

The recent decisions of the national government put the health of the population at risk. Argentina’s possible withdrawal from the WHO weakens its ability to access funding and technical cooperation based on scientific evidence. This announcement is part of a context of cuts, flexibility and deregulation of health policies that benefit large corporations at the expense of public health.

“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”.

1 – Argentina is moving away from international health standards

  • If Argentina withdraws from the WHO, its access to technical cooperation, financing and evidence-based recommendations on health matters could be weakened.
  • The WHO, among other things, is the main body for coordinating and promoting regulations for the prevention of non-communicable diseases (NCDs), such as malnutrition, diabetes, cardiovascular diseases, COPD, and certain types of cancer, which are directly associated with the consumption of ultra-processed products and tobacco and nicotine.
  • Argentina’s withdrawal from the WHO therefore weakens its access to technical cooperation, financing and evidence-based recommendations on health matters.
  • It also affects our country’s ability to be part of global strategies to combat the tobacco epidemic. The WHO is the governing body of the Framework Convention on Tobacco Control, a global public health treaty that promotes comprehensive policies based on the best scientific evidence.

2 – Relaxing front labelling benefits industry, not the population

  • The Law on the Promotion of Healthy Eating is a major step forward in protecting the right to information and healthy eating. However, provisions 11362 and 11378 recently passed by ANMAT reduced the standards for applying warning labels on packaging of ultra-processed foods, allowing products with high levels of sugar, sodium and saturated fats to avoid the black labels.
  • These changes are not based on scientific evidence, but rather respond to pressure from the food industry, which implies a regression of acquired rights: it generates confusion in the population and affects the ability to make informed decisions about how we want to eat, negatively impacting health.
  • As the State reduces its capacity to protect the health of the population, large corporations gain more freedom to sell less healthy products, with fewer controls and without proper information. More freedom for companies, less freedom for citizens.

3 – Less public health

These decisions by the national government deepen the crisis in the health system, which is affected, among other things, by:

  • Budget cuts across the public health system affecting hospitals, health programs, and the purchase of medicines and basic supplies for health centers, leading to shortages and reduced services.
  • The closure of programs and mass layoffs have left key initiatives for the prevention and treatment of chronic diseases, mental health, and free distribution of medicines without funding.
  • The reduction in health personnel and the weakening of the Ministry of Health have overloaded the system, affecting care and access to treatment, which worsens the health crisis and particularly harms health personnel and those who depend on the public system for medical care.

4 – Who benefits from these measures?

  • The relaxation of front-of-package labelling and the withdrawal of the WHO do not respond to a logic of efficiency, but to a deregulation strategy that favours the most powerful economic actors.
  • The weakening of public health policies that seek to prevent diseases harms people’s quality of life and overloads the health system.
  • While access to health care is being affected by the population, the food and tobacco industries are gaining strength, achieving more lax regulations that allow the marketing of products without clear warnings.
  • With these decisions, Argentina not only weakens its internal regulations, but also moves away from the global health goals established in the UN Agenda 2030 regarding the promotion of healthy eating, zero hunger and the fight against the tobacco epidemic.

 

Conclusion: Less State, more privileges for the big monopolies, fewer rights for the population.

The right to health and information are at risk. Argentina’s announced withdrawal from the WHO, the relaxation of front-of-package labelling, and cuts in supplies and health personnel are different aspects of the same strategy to weaken public health policies.

At Fundeps, we urge that these decisions be reversed and regulations be put in place to protect the health of the entire population.

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What can provinces and municipalities do to combat smoking?

Despite having the National Tobacco Control Law, Argentina faces challenges in addressing the tobacco epidemic in a solid and comprehensive manner. Although the Law is a valuable tool, it is not enough today to deal with the new strategies of the tobacco industry. In this context, the provinces have the opportunity to promote initiatives to complement it, improving health protection standards and tobacco control policies at the local level.

“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”.

Thirteen years have passed since the National Tobacco Control Law was passed, and although it has been an important starting point, in our country 22% of the adult population and 20% of adolescents still smoke, causing almost 43 thousand deaths a year. In addition, the tobacco epidemic costs the health system more than $1.5 billion pesos annually to treat related diseases, and what the State earns from tobacco taxes is not enough to cover even a fifth of this amount.

The National Law establishes the prohibition of smoking in closed spaces, establishes the obligation of health warnings on cigarette packages and determines certain restrictions on advertising, promotion and sponsorship of tobacco products.

However, it is insufficient mainly because:

  1. does not expressly include emerging products within its scope, such as electronic cigarettes and heated tobacco products;
  2. provides limited protection for smoke-free environments and
  3. establishes exceptions to the prohibitions on advertising, promotion and sponsorship.

This implies gaps and grey areas in important areas, which enable the tobacco industry to continue deploying all its marketing strategies, with the aim of normalizing addiction and attracting more consumers, especially children and young people. The most commonly used strategies have to do with advertising and displaying products at points of sale, promotion at mass events and on social networks, and the launching of new products.

It should be noted that, despite not being included as emerging products in the National Law, electronic cigarettes were incorporated into its regulations with Decree 602/2013, after having been totally prohibited by provision 3226/2011 of the National Administration of Medicines, Food and Medical Technology (ANMAT). Later, Resolution 565/2023 also prohibited the import, distribution, marketing, advertising or any form of promotion of heated tobacco products. However, this has not managed to prevent the marketing and increasing consumption of these products, especially among adolescents and young people.

In this context, it is urgent to update, strengthen and expand the existing tobacco control regulations. The National Law must be reformed to achieve greater scope and completely prohibit the industry’s new marketing strategies. However, it is not only the National State that has the responsibility of protecting the health of the population. Provincial States also have a crucial role in the design of public policies that protect health, and can implement effective and comprehensive measures to combat smoking.

In different parts of the country, there are several initiatives promoted by the provinces to complement the National Tobacco Control Law, even advancing in what this law left out and in the grey areas that the tobacco industries have taken advantage of.

These advances occur mainly in three crucial areas:

  1. Incorporating emerging products into laws
  2. Total ban on advertising, promotion and sponsorship, including display at points of sale.
  3. Expanding protection for smoke-free environments.

The inclusion of emerging products in subnational tobacco control regulations is a strategic step to, on the one hand, consider and strengthen in the provinces the protection standards that arise from the national legal framework, in particular provision 3226/11 and Resolution 565/2023. And, on the other, to ensure that the battery of measures provided for traditional cigarettes is also applied to emerging products, especially marketing restrictions and protection of smoke-free environments.

The total ban on advertising that includes the display of products at points of sale is a fundamental measure, since the National Tobacco Control Law expressly authorizes tobacco companies to carry out promotional and advertising actions in these places. Due to their high attendance, they are strategic for exposing people to images and messages that position the habit of smoking as something familiar and attractive. Taking advantage of these legal exceptions, industries have redirected their multi-million dollar investments in marketing – which increase year after year – towards these spaces.

Finally, extending the protection of smoke-free environments means reducing exposure to second-hand tobacco smoke as much as possible, since it is also a risk factor in the development of chronic non-communicable diseases. In this context, extending this protection to all closed public spaces, including work, cultural and sports spaces, transport stations, public and private health and educational institutions, is essential. Also, extending protection to play and recreation areas for children, aerobic stations and other areas for practicing sports in public squares, parks and promenades, becomes key to protecting the health of the population, specifically children, adolescents and young people.

The provinces in action

Over the past 12 years, there has been progress in the approval of subnational regulations that are worth highlighting. La Pampa, Tierra del Fuego and Córdoba managed to approve more comprehensive tobacco control regulations, while provinces such as Entre Ríos and Mendoza, while improving their protection standards, did so only in relation to a specific area of ​​regulation.

La Pampa

La Pampa was a pioneer in expanding the provisions of the National Tobacco Control Law on the prohibition of advertising. Thus, in 2012, it passed Law No. 2,701, which prohibits:

  • All types of direct and indirect promotion and advertising of tobacco products, regardless of the means of dissemination.
  • To the industry, sponsor events and participate in them with advertising clothing.
  • Consuming tobacco products in any enclosed space, whether public or private, and also in any area of ​​health care and educational establishments.

In turn, in 2021, Law No. 3392 included within its scope all electronic devices with or without nicotine administration, and those developed in the future. In this way, the definition of “tobacco consumption” also covers these emerging products. In addition, the display of all products at points of sale was prohibited.

Tierra del Fuego

In 2017, Tierra del Fuego amended its Provincial Tobacco Control Law through Law 1,203. This law completely prohibits advertising, promotion and sponsorship of tobacco products, including the display of products in places of sale. The law also specifically covers electronic cigarettes and heated tobacco products, applying the entire regulatory framework for traditional cigarettes to them.

Córdoba

In 2019, Córdoba approved Law 10,661, which expands Law No. 9113 of the Permanent Provincial Program for the Prevention and Control of Tobacco Use. This regulation contemplates:

  • A complete ban on advertising, promotion and sponsorship of tobacco products, including display at points of sale.
  • Restrictions on electronic cigarettes and similar devices are now being brought into line. Their use in closed spaces and sale to minors under 18 years of age are also prohibited.

Entre Ríos

This province took legislative measures to combat smoking by adhering to the National Law in 2021 and thus repealing Provincial Law 9,862 on Tobacco Control. In this way, the protection of smoke-free environments was improved, while 9,862 contemplated exceptions and allowed smoking in gambling halls.
In turn, this regulation expanded its scope to include not only products made wholly or partially from tobacco, but also electronic devices with or without nicotine administration.

Mendoza

In May 2024, Mendoza incorporated Article 1 bis to Law No. 8382 on adherence to the National Tobacco Control Law, which establishes a ban on smoking in the rooms, balconies and terraces of casinos, expanding the scope of smoke-free environments.

We need better laws and more oversight

In recent years, many provinces have introduced bills to restrict tobacco advertising, expand smoke-free environments, and regulate emerging products. These efforts reflect a continuing commitment to improving the health and quality of life of citizens.

In this context, civil society values ​​the laws passed, as well as the various projects presented, and encourages that these advances at the subnational level be taken from a comprehensive perspective. In this sense, we consider it essential that a single legal instrument can advance with improvements in at least the three aspects mentioned, to achieve a synergy between all the proposed measures, which facilitates their implementation and, above all, contributes to a more effective approach to the tobacco epidemic.

We also understand that issuing regulations is not the only solution if we want to achieve an effective approach to this problem in the country. Adequate oversight and sanctions for non-compliance with the laws are essential for tobacco control policies to have a real impact.

The industry constantly exceeds the prohibitive rules on display at points of sale. It also violates the advertising ban by using shelves and illuminated signs visible from outside the premises, which easily attract people’s attention.

Smoke-free environments, on the other hand, are not always respected, especially in bars and dance clubs. Also, emerging products are often used in these closed spaces, demonstrating the lack of awareness about their dangers. Given this situation, we need to ensure the proper implementation of existing regulations, improving the mechanisms of oversight by the State and facilitating the avenues for citizen complaints.

As can be seen from the examples mentioned, the fight against smoking is not only about complying with the national legal framework, but there are options to go further by taking proactive and comprehensive measures. In this way, we encourage the involvement of all social and political actors so that more and more provinces commit to improving their tobacco control policies, to protect the health and quality of life of their entire population.

Provinces have the power, but also the responsibility, to promote and implement better strategies to combat smoking.

 

Check out the infographic on what provinces can do to stop the spread of smoking here.

 

More Information

Author

Clara Díaz Yofre 

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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It is urgent to protect children and youth from the interference of the tobacco industry!

On World No Tobacco Day, we again call for the development and implementation of public health policies to be free of interference from tobacco companies. It is urgent that the Argentine State prioritize the well-being and health of its population, and especially those who are the focus of the marketing strategies of this industry, that is, children and youth.

“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”.

Tobacco and nicotine products are lethal. According to the World Health Organization (WHO), more than 8 million people die each year due to the consumption of these products and 1.3 million people die from just being exposed to second-hand smoke. For its part, Argentina’s epidemiological context is not far behind. According to the latest World Youth Tobacco Survey (2018), our country has one of the highest prevalence rates of tobacco addiction in the region: 20.2% of adolescents smoke. As if that were not enough, the age of initiation into consumption is already between 12 and 15 years.

Although it is well known that tobacco kills up to half of those who consume it, States are permeable (and sometimes even complicit) to the wide range of interference strategies deployed by tobacco companies. In general terms, these strategies seek to hinder the processes of advancing more protective norms of the right to health, undermine existing regulatory frameworks, take advantage of certain legal loopholes, as well as the ineffectiveness of State control mechanisms and, Finally, -the greatest purpose- to increase their profits and generate the necessary conditions to guarantee the sustainability of their businesses.

In Argentina, the interference of the tobacco industry is present, mainly, through the permanent and sustained lobbying of authorities of the National State and the provinces, the sabotage of legislative processes, the misrepresentation of scientific evidence along with the construction of confusing narratives that They seek to position their products as having reduced risk and the generation of economic threats in the face of the development of policies that seek to regulate their activity.

Without going any further, the push and pull that is taking place within the framework of the debate over the Bases bill in the National Congress which, among other things, implies a reform in the tax structure on tobacco products, are a clear example of the way in which this interference materializes. Both the exchanges between legislators and the media coverage have focused on the economic damages that one or another tobacco company would suffer if the reform were to advance, without taking center stage the negative impact that public health would suffer with a tax modification of these characteristics. -which enables the presence of very cheap cigarettes on the market, hindering the reduction of consumption- and, least of all, the great scandal that represents the fact that public power intervenes (or rather, plays a decisive role) in decision-making. any tobacco industry.

Although this has been the case of interference that, in recent days, has acquired greater notoriety, it is also possible to find other cases that reveal that progress towards better regulatory frameworks is, historically, a process fraught with obstacles. In this sense, the numerous draft regulations stand out that, after the sanction of the National Tobacco Control Law in 2011, were presented in the National Congress with the purpose of strengthening the response of the Argentine State to marketing tactics. of the tobacco industry. Despite the different presentations by various political parties and the important efforts of civil society to promote them, none of them achieved legislative treatment, losing their parliamentary status.

Along these lines, the large number of failed attempts to get the Argentine State to ratify the WHO Framework Convention on Tobacco Control (FCTC) deserves special mention. A survey of the databases of the Chamber of Deputies and Senators of the Nation showed that, between 2003 and 2022, 33 bills were submitted – 15 in the Senate and 18 in the Deputies –, postulating accession to the Framework Agreement and without None of them managed to reach the plenary session. This instrument and its ratification by the National State are necessary and urgent as it would allow for a comprehensive framework for the implementation of policies aimed at reducing supply, demand and health, social and environmental damage caused by products. tobacco and nicotine. In addition, it would provide effective tools to protect public health policies against the commercial interests of tobacco companies, as well as individuals or other organizations that work to promote the interests of this industry. Even though the positive and strategic implications of being part of the Framework Convention are more than evident, our country is the only one in South America and one of the few in the world that is not yet part of it.

That said, it is worth asking: what are the consequences of allowing the deployment and interference of these practices within the States and, particularly, the Argentine State? Who is really harmed?

Although our country has a regulatory framework that in preventive matters has adopted certain restrictions on marketing, the protection of smoke-free environments and the prohibition of emerging products (such as electronic cigarettes and heated tobacco products), the truth is is that these regulations have become outdated in the face of an industry that is constantly renewing itself and that spends millions of dollars on amplifying and diversifying its marketing strategies. Added to this is the almost non-existence of oversight mechanisms by the State, which prevents the identification of violations of existing regulations, the application of sanctions to offenders and, ultimately, a serious weakening of the progress that – after many efforts – the Argentine population managed to achieve tobacco control policies.

This situation is especially critical for the protection of children and youth, who, because they are in a stage of training and development, are highly vulnerable to the manipulative practices of the tobacco industry. This deepens if regulatory frameworks and state responses are insufficient to combat them.

Industry strategies are diverse. The launch of innovative and sophisticated products, the construction of narratives that position them as the “alternative” to quit smoking, the organization or presence at massive events or parties, and the use of social networks together with the hiring of influencers for their promotion have a single purpose: to naturalize – especially among young people – the consumption of tobacco and nicotine products, create a new generation of consumers and maintain a captive audience among those who already suffer from this addiction.

There is no doubt that tobacco industry interference undermines efforts to reduce the tobacco epidemic in our country. For this reason, we reiterate that the ratification of the FCTC by the Argentine State would represent a fundamental step to reverse this situation, as well as a firm commitment to the health and quality of life of its youngest population.

Protecting public health policies from the stalking of corporate interests in this industry is the most challenging aspect of tobacco control and, at the same time, the most urgent and necessary. The Argentine population needs the commitment of all social actors and political forces so that their rights are prioritized. It is no longer possible to continue waiting.

Authors

Clara Diaz Yofre Maga

Merlo Vijarra

Contact

Maga Merlo, magamerlov@fundeps.org

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

This Friday, May 24, the meeting “Córdoba has impact: Conversation for disputed rights” took place with the participation of more than 100 people at the Museum of Anthropologies. It was organized by Fundeps, with the participation of more than 30 spaces.

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

For three hours, reflections were developed around:

  • how the reduction in public spending affects university education, the scientific-technological system, the popular sectors and the media;
  • the consequences of the pension and labor reform proposal, focusing on private home workers; and the unconstitutionality of DNU 70/23.
  • the regulatory regressions in relation to the exploitation of natural resources, how communities experience these deregulations and the environmental impact of the Large Investment Regime (RIGI).

The discussion brought together representatives from various fields, including academia, social organizations, communities, media and unions.

An event with diverse voices and perspectives that help us understand some of the challenges we face and how to build collective strategies against the regression of rights.

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The fight for decent food in Argentina: perspectives and challenges

In situations of multidimensional crisis, such as the one our country is going through, those who suffer the most are the lower-income sectors and, in particular, girls, boys and adolescents. The withdrawal of the State and economic deregulation imply greater lack of protection. Guaranteeing the basic right to adequate food, in this context, becomes urgent. So we ask ourselves again: what can and what should we demand from the State in terms of food? Does it make sense to question what kind of food we want in our pots? Or do we have to settle for “what there is”?

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

In Argentina, inflation continues to rise. The index of the Social Debt Observatory of the UCA (Argentine Catholic University) showed that the population that does not cover its basic food needs went from 9.4% at the end of the third quarter of 2023, to 15% in January , and that poverty affects 57% of the people in this country. In turn, Indec reported that the Basic Food Basket (BCA) increased 18.6% in January and 296.4% in the last twelve months, above inflation (254.2%). While, according to the Neighborhood Price Index (IBP) of the Social, Economic and Citizen Policy Research Institute (ISEPCi), food prices increased by up to 69.7% since last December. These figures reflect a noticeable increase in indigence and poverty.

To this information, we add that which already alerted us: the quality of life of the Argentine population has been progressively deteriorating. 73.4% of deaths are due to Chronic Non-Communicable Diseases, these are responsible for 52% of the years of life lost due to premature death and 76% of the years of life adjusted for disability. Proper nutrition is one of the main risk factors.

Despite the statistics and the context, the national government, a few days before the start of the year 2024, decided to completely interrupt the supply of food to soup kitchens. Numerous organizations daily denounce that “the pots are empty”, “the food emergency is urgent and necessary” and “there is no freedom when there is nothing on the table”, as well as the double burden they must bear: at times when they least have to offer, is when more people come looking for a plate of food.

This framework encourages us to reflect on the minimum conditions that we must guarantee, such as life and human dignity, for it to make sense to talk about rights such as freedom. Also talk again about the role that the State must play to guarantee these rights. The notion that a present State is necessarily abusive collides with what reality exposes: rights lack satisfaction in the absence of a State that ensures their protection through effective policies.

Food is one of the most basic human needs and is closely linked to people’s life and health. Given its essential and indispensable nature, it was recognized as a fundamental human right in various international human rights treaties that today enjoy constitutional hierarchy in our country. This normative consecration gives rise to imperative and enforceable legal obligations on the head of the State to: respect, protect and guarantee the effective fulfillment of this right.

Food policies in Argentina

In our country, food problems, unfortunately, are not new. When doing a retrospective analysis, it is possible to observe in different historical periods great crises and political tensions regarding the role of the State as guarantor of this right.

Prior to the constitutional reform of 1994, the development of the right to food was largely subordinated to labor law and the living wage, since a privatized reading of food rights and obligations prevailed. However, in the 1980s a different political-social approach began to take hold. Given the context of need that was experienced after the years of military dictatorship, people began to talk about a food emergency, a paradigm based on welfare policies that has prevailed to this day.

Its regulatory consolidation occurred in 2002 when, in response to one of the most acute crises that our country has suffered, the National Food Emergency recognized by Decree No. 108 (01/15/2002) was declared, which has been extended without interruptions until current situation, and which was arranged in order to meet the basic food needs of the population in conditions of vulnerability and with subsistence risks.

Shortly thereafter, Law 25,724 on the Declaration of National Food Emergency was passed, which instituted the National Nutrition and Food Program, known as the National Food Security Plan “The Most Urgent Hunger” (PNSA), intended to cover the minimum nutritional requirements of groups in situations of extreme vulnerability. This law constitutes to this day the main food policy of our country.

From the food emergency to adequate nutrition

More than 20 years after its entry into force, there is plenty of evidence and bibliography to account for the important limitations and deficiencies presented by this paradigm, which limits the treatment of the food issue to a basic level of satisfaction of minimum caloric needs. And, therefore, its inability to generate structural transformations that allow progress towards a state of food security and sovereignty. Also the serious impact on health that can imply that the food programs that have been established, both at the national and provincial levels, do not have good nutritional criteria and standards. This has to do with the fact that emergency strategies tend to ignore the multiple facets that the food problem encompasses in its complexity, including the so-called “triple burden” of malnutrition: hunger and malnutrition, generalized deficiency of micronutrients and malnutrition due to excess. This needs to be addressed as a health problem linked to the consumption of ultra-processed food products with excess critical nutrients.

This lack came to be questioned by Law 27,642 on the Promotion of Healthy Eating, sanctioned in 2021.

The extensive legislative process that was promoted to achieve the enactment of this law generated a fundamental movement in the public debate on food in our country. This law has been established as a bridge between policies that address historical food problems, such as hunger and malnutrition; and those that seek to reverse modern food problems, linked to excess malnutrition and chronic diseases that are caused by the poor quality of the food products consumed today. The latter affects the entire population since it is linked to the transformation of dietary patterns, although surveys indicate that the highest prevalence is found in lower-income economic sectors. For its part, the problem of hunger is directly linked to poverty.

The Law for the Promotion of Healthy Eating, although it does not directly address the problem of lack of food, does establish measures that are fundamental for the transformation of food systems that, directly or indirectly, contribute to greater food security and sovereignty. and generate an improvement in the quality of food assistance. For example, it requires the State that public purchases of food that are destined for soup kitchens where children and adolescents attend, to state agencies and food programs, be made up of healthy foods that do not present warning seals (that is, that they do not have excess sugar, sodium, fat, sweetener or caffeine). It also establishes the importance of encouraging the development of family, peasant and indigenous agriculture.

In this way, the law is positioned, on the one hand, as a valuable instrument to positively impact the health of the most vulnerable sectors of the population, who are those most exposed to the consumption of processed and ultra-processed products. And on the other, to begin to transform the way in which the Argentine State, historically, has constructed its food policies and, more specifically, in its most urgent aspect, that is, hunger. Finally, when thinking about what those who have the least eat, the need to incorporate nutritional criteria and not just the amount of calories was put on the table.

In this framework, key questions were asked about what we are eating; about how the food that reaches our table is produced; about the relationship that exists between what we consume and the diseases we contract, at an increasingly younger age. Questions about what is offered to children and adolescents in schools, which in many cases constitutes the basis of their diet. The question is also enabled about who the State’s suppliers are and what type of production we want to support.

This debate and the conquest of this law, which has had civil society as its protagonist, has meant immense progress in the discussions and food policies of our country, and above all, it provides technical and legal tools to achieve better protection of rights to adequate food and health of the entire population. Society in general echoed the idea that it is no longer about filling bellies but rather about nourishing healthy bodies and minds, nourishing ourselves culturally and emotionally again. And according to the human rights instruments adopted by our country, it is the State that must guarantee that this is the case.

Demand the minimums without giving up the maximums

Currently, these historic advances are at serious risk, just as access to food by a large part of the population is also at risk due to the economic crisis that the country is going through and, above all, due to the shortage policies that they have been suffering. community kitchens and food assistance programs.

The subjugation of social rights seeks to reverse the progress achieved in recent years regarding the debate on food quality because, in the absence of minimum food conditions, immediate needs prevail and the need for structural transformations remain in the background flat.

Now: Is it possible that even in crisis contexts we can think about the food problem in a comprehensive and non-linear way? Is it possible to demand that emergency food policies be urgently implemented and at the same time prioritize the purchase of healthy food for soup kitchens? Of course. It is not only possible but necessary. Fighting for the minimum without giving up the maximum is the way to defend the progress achieved, the rights achieved.

The health effects of purely palliative food policies are irreversible for millions of people who have contracted chronic diseases and disabilities of different types. Today we know the serious consequences on health that come with the consumption of certain products with excess critical nutrients, as well as the lack of variety in the daily diet, the low consumption of fruits and vegetables. For this reason, we cannot settle for “what there is”, we cannot renounce the rights achieved and the progress made in the debate on the type of food we need to develop and live with dignity.

Satisfaction of the right to health, to adequate food, to a decent life cannot be left in the hands of the market, and food cannot be treated as a commodity. It is urgent that the State guarantee that all people can access decent, quality food in sufficient quantity. Quality food should be a right and not a privilege.

 

*Image source: Colectivo Diciembre

 

Authors

Maga Merlo Vijarra

María Laura Fons

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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Actions that transform: see our Annuary 2023

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

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

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

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

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

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

 

VIEW ANNUARY 2023

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Labeling law: Córdoba can move towards the best standard

A project to promote healthy eating that adheres to the national front labeling law was presented to the Córdoba Legislature. The initiative establishes stamp-free schools, promotes the public purchase of healthy foods and creates a monitoring commission made up of civil society organizations, among other things.

“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 August 16, a project for adhesion to the Law for the Promotion of Healthy Eating (PAS), better known as the “labeling law,” entered the Córdoba Legislature, which presents the best standards among the adhesion laws sanctioned so far. . It was achieved through collaborative work between the team of legislator Miranda and legislator Labat, together with the College of Nutritionists of the Province of Córdoba and Fundeps. It hopes to have the support of all the blocks that consider it a priority to defend public health and access to adequate food for all consumers and, fundamentally, children.
To understand the importance of subnational progress in relation to the national front labeling law, we must look not only at the letter of the law but also at its implementation. The text explicitly obliges the provinces to guarantee the implementation of the law in their territories, but does not say how. It does not command adherence. For this reason, at the time of the sanction and regulation of the national law, the question arose: is it necessary for the provinces to adhere? What should and what can the provinces do to guarantee effective compliance with these recognized fundamental rights? How can we guarantee equality in the enjoyment of these rights throughout the territory? Despite the questions, what was not questioned is that the national standard is mandatory throughout the country beyond the strategies defined by the province.

It is important to highlight that the standard aims to address the food issue in a comprehensive and transversal way. For this reason, it not only introduces front labeling that allows warning about the true composition of what is being consumed, but also regulates aspects such as: healthy school environments, nutritional food education, marketing strategies of food industries, public purchases. carried out by the State, etc. That is why this law is recognized as a kind of suture of the great regulatory dispersion that exists in the regulation of the right to food in Argentina, and it is also seen as a model law for the region.
Now, the implementation of all these components of the law put at the center the challenges of federalism and the system of distribution of powers, and requires coordination between different ministries, agencies and levels of government. In this scenario, the issuance of adhesion or complementary regulations emerged as the best way to ensure the full implementation of all the measures established by law, and thus effectively protect the health of the population.

To date we have only 7 adhered provinces, which according to the regulatory map of labeling in Argentina reflects 63.3% progress at the national level, and this has to do with the fact that none of the regulations regulate the implementation of the different components of the law that require it.

The bill in Córdoba

In this scenario, the bill presented in Córdoba appears as a model to be followed by the rest of the provinces. It proposes broad and comprehensive local regulation, which ensures the effective application of all the measures provided by national law. Thus, it not only assumes the responsibility of controlling and supervising compliance with the front labeling of food products and national regulations on advertising, promotion and sponsorship of these products, but also expands the scope of restrictions on advertising in the areas of local jurisdiction, such as points of sale and public roads. It also defines what is meant by advertising aimed at children and adolescents, correcting an important deficiency in national regulations. Thus, the text achieves full protection of the environment against marketing strategies that aggressively encourage the purchase of products that harm health.

Also, it speaks out regarding the two crucial components that require the actions of the provinces.

  • About school environments: prohibits the offer, sale and advertising of products with the seal within schools of all levels, formal and informal, and requires the permanent and free supply of drinking water; provides for the inclusion of food education in school curricula and teacher training plans; establishes that school cafeterias should prioritize the offer of fresh or minimally processed foods that come from local farmers; and provides that menus be designed by nutrition professionals and improvements are made to school infrastructure.
  • About public purchases: the project accepts the criteria of national law and prioritizes the purchase of healthy foods in all types of contracts and food programs. A priority that becomes absolute if the recipients are children and adolescents.

Other points to highlight in the proposed regulations have to do with the definition of the Ministry of Health as the application authority in coordination with other ministries involved. This is essential so that all the measures taken in the different areas are considered from a public health approach. We also consider the provision of complaint channels, sanction systems and registration of offenders at the local level to be a success, which allow us to reinforce national mechanisms that have been presenting certain limitations in practice.

Another point of interest, which has to do with strengthening the availability of healthy foods, is the incentive to consume unprocessed and natural foods produced by regional economies and peasant, indigenous (and/or) family agriculture.

Finally, we want to emphasize that the project provides for the creation of a Consumer Commission made up of civil society organizations, consumers and professional associations whose objective is the protection of the rights involved. Commission that guarantees citizen participation in monitoring the implementation of the law and in the development of complementary policies.

For these reasons, it is an advanced law for the promotion of healthy eating in the province. It can set the path to be followed by other provinces that have not spoken out and also for provinces with simple accessions to dictate complementary regulations that ensure comprehensive compliance with this public health policy that is being a reference in the region.

We invite citizens to support and follow the process of processing the law in the legislature. Your involvement is essential so that the balance does not tip in favor of the interests of large food industries and the rights of the population, and fundamentally children, to enjoy a healthy life and healthy eating are protected.

Access the bill

Author

María Laura Fons

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org

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Kit of materials: Let’s build a healthier school

From Fundación Sanar, Fundeps and Fagran we launched “Let’s build a healthier school”, materials aimed at the educational community. Their objective is to promote the implementation of the labeling law in school environments and reflect on the nutrition of children and adolescents.

“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 27,642 for the Promotion of Healthy Eating, known as the labeling law, is a comprehensive policy that seeks to protect and promote the right to adequate food and the right to health, especially for children and adolescents. To achieve this, it proposes a package of measures that seek to transform the environments where they grow and develop, limiting the supply of unhealthy products in schools and exposure to marketing, educating on food and nutritional aspects, and promoting equitable access to healthy foods.

In this framework, schools constitute a key space for the implementation of the law and have specific regulations to comply with. Children and adolescents spend a large part of their time there and therefore, it is a suitable place to promote healthy habits.

In this context, the process of adaptation to the norm requires an accompanied and informed educational community. For this reason, from Fundeps, Fundación Sanar and Fagran we launched the kit of materials “Let’s build a healthier school”.

The objective is to provide tools to encourage the active participation of the entire educational community in promoting healthier and more sustainable eating practices. It includes materials so that each member can rethink her role within the process and become a change agent in school nutrition.

What materials are included in the kit?

  • A document with information about the law as a comprehensive public policy. It provides information about the evidence that supports it and the purpose of each of its axes. At the same time, it approaches a practical activity of a reflective nature to achieve collaborative work among the members of the community.
  • 3 Videos: one aimed at authorities and decision makers in the educational field, another at those responsible for children and adolescents; and one for children (which can be useful in the classroom).

ACCESS THE KIT OF MATERIALS

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A podcast beyond labels

From Fundeps, Fundación Sanar and Anfibia Podcast we launched “Exceso de Todo”, a podcast narrated by Lucas Fridman, which runs from the controversy around the octagons and focuses on healthy eating.

“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”.

Almost a year ago, the Law for the Promotion of Healthy Eating began to be implemented in Argentina, better known as the Law of Frontal Labeling. The black octagons that we see on the products are the ones that generated the most debate, but they represent one of the components of the law.

The objective of this podcast is to bring all the points that make it up and tell in 5 episodes how we eat in Argentina and what we need to eat better. It also addresses everything from advertising regulation to what can be eaten in schools, how public purchases for school and community canteens are managed and why when we talk about food it is not about individual choices.

The testimonies it gathers are from members of organizations that promoted it, journalists, leaders in nutrition and food, environment, people from the advertising industry, among others.

Listen to the podcast here

The episodes will premiere weekly on Thursdays until August 17. The podcast will be broadcast on Spotify and on all audio platforms.

 

Contact

Maga Merlo, magamerlov@fundeps.org

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1st Congress of Food Policies in Argentina

On August 9 and 10 we will hold the 1st Congress of Food Policies in Argentina in the Autonomous City of Buenos Aires. It is organized by Fundeps and Fundación Sanar.

“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 participation of national and international speakers, for 2 days we will talk about the progress and challenges of the 1 year anniversary of the implementation of the Law for the Promotion of Healthy Eating, known as the labeling law.

We will share views and opportunities for joint work between students and health professionals, the educational community, state authorities, organizations that work for the right to health, the environment, among other actors.

The main topics of the congress include:

  • Challenges for the implementation of the law in the provinces.
  • Healthy school environments: recommendations and tools.
  • Transformation of food programs.
  • Food Industry Marketing Strategies.

Schedule:

  • First day (August 9): begins at 8:30 a.m. with the accreditations. There will be 3 discussion tables and speakers ending the day at 5:15 p.m.
  • Second day (August 10): starts at 8:30 a.m. and ends at 12:40 p.m. There will be 2 dialogue tables.

The congress will take place at SCALA HOTEL (BERNARDO DE IRIGOYEN 740, CABA).

It is free and with limited seats. Requires prior registration.

 

See the full program and speakers here.

I WANT TO REGISTER

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“Let’s not let it pass” campaign: promote the first citizen report on the labeling law

Through this initiative, FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo seek to promote a citizenry committed to the labeling law and thus generate the first citizen report on its compliance. The initiative arises from the identification of various breaches and the lack of effective control by the State.

“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”.

Let’s not let it pass” is the new campaign launched today by FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo to promote an informed citizenry and committed to the effective implementation of the labeling law. The nationwide campaign seeks to generate a citizen report on the state of compliance with the law, 10 months after the start of its implementation.

In 2021, the organizations promoted the campaign “Don’t cover our eyes” to promote the approval of the law and, on this occasion, they meet again so that this public health measure is effectively complied with. The campaign emphasizes some components of the law referring to the presence and characteristics of the seals (their size, location on the container, for example) as well as their disposition in the gondola.

“A few months ago we carried out a research study to find out how the law is being implemented and we detected that in 83% of the supermarkets surveyed there were breaches regarding the disposition of the products on the gondola, the seals were not visible to the consumer. In 67% we found promotions associated with the price (such as “15% discount” and “50% discount on the second unit”) in products with stamps, which also shows a breach of the provisions of the law, and in the 12% of the surveyed products, the seals were not on the main face of the container. The State must sanction these breaches and with the campaign we seek to make them visible,” said Leila Guarnieri of FIC Argentina.

“It is a priority that the commitment extends throughout the country, counting on the federal representation of the provinces, which monitor compliance with the Law through committed citizens and nutrition professionals who, through Education and advocacy actions put the visibility of this Law at the center of the scene. As a Federation we join the efforts of the entities that we bring together for the effective compliance of the Law, without exception”, declared Ana Caceres from FAGRAN.

“For a full implementation of the Labeling Law, it is essential that as citizens we get involved and demand its compliance. Although it is the State that has the obligation to control, we are observing that these mechanisms can be deficient and inopportune. In addition, up to now we have no data that sanctions have been applied to companies that break the law. For this reason, it is important that we remain alert and report non-compliances to demand that the authorities monitor and sanction appropriately,” said Maga Merlo from Fundeps. And he added: “Let us remember that this law comes to protect fundamental rights such as health, adequate food and information for consumers, and especially for groups in vulnerable situations, such as children. Citizen participation is essential to build transparent public policies.”

“The platform also arises from the need to make visible the actions of companies that break the law in different ways, interfering mainly in the guarantee of the right to information of consumers. Being able to document, systematize the information and thus channel the claim to the enforcement authorities will allow the State to act in such a way that it can put into operation its own strategies to mitigate non-compliance,” said Ignacio Porras from Fundación SANAR.

“For a norm to be effective and not die in the sanction, it is essential that we get involved and demand its correct implementation. It is a matter of appropriating the Law and knowing it to be able to claim for our rights and build new horizons”, declared Ariana Krochik of Consciente Colectivo.

How to participate in this campaign?

Registering breaches at www.nolodejemospasar.org

Contact

Maga Merlo, magamerlov@fundeps.org

Why is it urgent for Argentina to ratify the Framework Convention for Tobacco Control?

Last Tuesday, May 2, the National Executive Power submitted to the Chamber of Deputies a bill for the ratification of the Framework Agreement for Tobacco Control. Argentina is the only country in South America that has not yet done so and its ratification constitutes a pending debt for public health. In this note we tell you why the Argentine State should not miss this opportunity and why it is important to take this step for the adequate protection of the right to health.

“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 National Ministry of Health, in the latest World Youth Tobacco Survey, revealed that our country has one of the highest tobacco addiction prevalence rates in the region. The data show that tobacco consumption causes 44,851 deaths per year, representing 13% of the total deaths and that more than 22% of the population still consumes tobacco, with the age at which smoking begins being increasingly lower, which is already ranges from 12 to 15 years.

Likewise, according to a study published by the Institute of Effectiveness and Health Clinic, our country spends approximately 197,000 million pesos each year to treat diseases caused by smoking (such as chronic obstructive pulmonary disease, heart disease, lung cancer, among others), representing 7.6% of local health spending. In addition, as if this were not enough, smoking mainly affects vulnerable social groups, thus generating a vicious circle of poverty and disease, and has been internationally recognized as a barrier to sustainable development.

It is this context that determines the urgency of moving forward with the ratification of the Framework Convention for Tobacco Control (FCTC). This is the first international public health treaty signed by the World Health Organization (WHO), which to date has been ratified by 182 countries (including all the States that are part of Mercosur, except Argentina) and is one of the the most widely accepted pacts in the history of the United Nations.

It is important to highlight that this treaty was prepared in order to respond to the global tobacco epidemic. To this end, the FCTC provides a comprehensive framework for the implementation of effective tobacco control policies aimed at reducing the supply, demand, and harm caused by these products. Thus, by ratifying this Agreement, Argentina would commit to adopting a battery of measures that would strengthen the public health protection standard.

Key points of ratification

Currently, our country has various regulatory provisions on tobacco control and some of them even adopt the measures provided for in the FCTC itself. However, it is important to highlight that the incorporation of this international instrument into the national legal system continues to be essential. Well, there are regulations that are still highly permissive to the commercial interests of the industry, while there are certain global problems that necessarily require international cooperation to address them.

In this sense, the adoption of the Framework Convention would improve the broad prohibition of advertising, promotion and sponsorship of tobacco products, including that with cross-border effects. This measure acquires fundamental importance in the face of the globalization of communications and the millionaire investments in marketing made by the industry. While the National Tobacco Control Law allows the presence of marketing within the points of sale, direct communications to people over 18 years of age, as well as corporate social responsibility actions by tobacco companies.

Likewise, the ratification of the Framework Convention would allow Argentina to have better tools to face the problem of illicit trade, such as the Protocol for the elimination of illicit trade in tobacco products, also signed under the auspices of the WHO. According to research, illicit trade – involving smuggling, counterfeiting, illicit manufacturing, among other forms – increases the accessibility and affordability of tobacco products, and violates price-related measures and targeted tax measures. to reduce the tobacco epidemic. This treaty recognizes that the elimination of all forms of illicit trade is an essential component of tobacco control and that it requires the development and application of both national and international measures. Within the scope of Mercosur, Argentina is the only country that does not participate in the negotiations for the control of smuggling, being left out of the decisions aimed at preventing illegal trade between neighboring countries.

In turn, the Framework Agreement, through its article 5.3 and the guidelines for its application, confer a set of measures aimed at protecting public health policies against commercial interests and other vested interests on the part of tobacco companies, as well as of individuals or organizations working to advance the interests of this industry. In this sense, the need to establish measures to limit interactions with the tobacco industry to those cases in which it is strictly necessary to establish an effective regulation of it and its products is highlighted; guarantee the transparency of the interactions that take place either through hearings and public records; require that the information provided by the industry be accurate and transparent; establish clear rules on conflicts of interest for all persons working in the State and in the sphere of tobacco control; denormalize and not approve, support, associate or participate in the activities that the tobacco industry promotes as “socially responsible” (such as public education initiatives, health care, etc.), among other recommendations. In this way, the FCTC provides an adequate legal framework to curb tobacco industry interference in public health issues related to tobacco control.

Finally, it is important to highlight that the ratification of the Framework Agreement would also enable the Argentine State to participate in spaces where relevant decisions are made for tobacco control and the construction of international cooperation strategies. An example of this is the Conference of the Parties, the governing body of the FCTC that is in charge of regularly reviewing its application and adopting the necessary decisions to promote its effective implementation. In addition, it is a body from which mechanisms are promoted for the transfer of specialized technical, scientific, technological and legal knowledge, taking into account the needs of the States Parties, if they are developing countries, if they have economies in transition, etc.

A matter of human rights

From the preamble, the Convention makes it clear that it is an international instrument “based on scientific evidence that reaffirms the right of all people to enjoy the highest level of health that can be achieved.” In this way, it exposes the relationship between the protection of the right to health and tobacco control policies.

In this regard, it is important to highlight that the ratification of the Framework Agreement is in line with the obligations assumed by the Argentine State in terms of protection of human rights. According to the International Covenant on Economic, Social and Cultural Rights -which also has a constitutional hierarchy- the Argentine State has the duty to adopt the necessary measures in order to guarantee the right of every person to enjoy the highest possible level of health. In this regard, the Committee on Economic, Social and Cultural Rights, through its observations, has said that the State’s failure to comply with the necessary measures to make it effective constitutes a violation of the right to health, as it would be the failure to adopt sufficient control policies for the marketing of tobacco products. Likewise, this Committee has specially recommended the Argentine State to ratify the FCTC and promote public policies aimed at preventing the initiation of consumption and informing about the negative impacts of tobacco on health, with emphasis on childhood and adolescence.

In the same sense, there is the Convention for the Elimination of all forms of Discrimination against women -which also enjoys constitutional hierarchy- and according to which the Argentine State, being a Party, has the duty to adopt the appropriate measures to protect and guarantee women’s right to health. In this regard, the Committee of this Convention has recommended that the Argentine State ratify the FCTC, reduce the high level of tobacco use among adolescents, particularly girls, and face the health consequences of smoking.

In this way, the intimate connection between tobacco control policies and human rights obligations is observed, even reinforced by the interpretive work of human rights monitoring organizations. Thus, the FCTC is used as a standard to understand the scope of the obligations derived from the human right to health, especially in the face of the tobacco epidemic.

What is the procedure for ratification of the FCTC to take place?

On September 25, 2003, the Argentine State through the National Executive Branch signed the FCTC. This is the first step to take in the process of ratifying an international treaty and implies the assumption of the commitment not to undermine the objectives of the treaty. Unfortunately, 20 years had to elapse since that signature was produced for the National Executive to finally present a bill for ratification before the National Congress.

This bill must be approved by both chambers so that once it has become law, the National Executive proceeds to the ratification -properly speaking- and the consequent deposit of the instrument before the United Nations. It is important to note that this action indicates the consent of a State to be bound by the terms of a treaty. Therefore, in case of non-compliance, there is the possibility of demanding compliance, both nationally and internationally.

What first our right to health!

The FCTC provides a legal framework with concrete measures aimed at preventing and limiting the tobacco epidemic. From the ratification, the Argentine state will be obliged to implement the measures that the Framework Agreement imposes, thus strengthening the protection standards that currently prevail in terms of tobacco control.

Public policies aimed at improving the health of the population require the greatest commitment on the part of all social actors and political forces. Today, Argentina has a new opportunity to settle this outstanding debt with public health, prioritizing the protection of fundamental rights -especially those who are in a situation of vulnerability, such as children and adolescents- over those negotiated. and industry business interests. The ratification of the FCTC must be high on the political agenda. The Chamber of Deputies has to move forward!

 

More Information

 

Author

Maga Merlo

Contact

Maga Merlo, magamerlov@fundeps.org