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Complaint against the Arcor campaign “Your fair share” before the Ombudsman for Children and Adolescents

Supported by public health organizations from across the region, FUNDEPS files a complaint against the Arcor campaign “Your fair share” with the Ombudsman for Children and Adolescents.

In mid-September of this year, Arcor launched the advertising campaign called “Your fair share” which states that “a healthy life is a balanced life in which to take a liking and take care of health go hand in hand.” In this way, a green front label with the phrase “Your fair share” was stamped on several products of the company, indicating “what is the recommended daily portion of what you like and it does you good”.

These types of messages have been criticized by public health specialists for being deceitful and risky, and for contradicting recommendations of human rights organizations and public health organizations such as the World Health Organization (WHO) and the Pan American Health Organization ( OPS). Commercial strategies of this kind in practice promote products with high concentrations of critical nutrients (sodium, sugar, fats) whose regular consumption has a harmful effect on health. In fact, Argentina leads the rates of childhood obesity in Latin America.

This commercial strategy violates the right to health and food for children and adolescents. That is why we decided to make a complaint to the Ombudsman for the Rights of Children and Adolescents of the Province of Córdoba, as a public body in charge of protecting the rights of these groups. Our presentation asks:

  • that the means to respond to Arcor’s advertising campaign “Your Fair Share” be determined for the impact on the rights to health and food of children and adolescents;
  • that mechanisms be put in place for the dissemination of correct and scientific information on healthy eating and in particular regarding this campaign;
  • that the Executive and Legislative Power of the Province be urged to strengthen the regulatory framework to prevent commercial actions such as this one from being carried out, which violate the right to health and food of children and adolescents.

Argentina’s current regulations related to food labeling and marketing techniques are ineffective in adequately protecting the right to health and food, which leaves room for companies to take advantage of these legal gaps, confuse consumers and consumers, and limit their choices.

In this way, the State fails to comply with its obligation to protect the human right to health, which requires that the actions of third parties not affect the effective enjoyment of the right to health of a group of people. This implies a violation of human rights obligations as long as the State fails to comply with the recommendations of monitoring bodies on how to deal with the obesity epidemic. Different organs and specialized offices such as the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child or the Rapporteurs for the right to health or the right to food have marked that the epidemic of obesity is definitely a human rights problem.

This situation demonstrates the need to strengthen the existing regulation and the implementation of effective mechanisms aimed at restricting these deceptive marketing practices and preparing a nutritional label that provides the necessary information to ensure the right of consumers and consumers to clear and truthful information, contributing to the choice of healthier options.

Furthermore, considering that this marketing strategy does not facilitate access to information, it directly targets children and generates confusion about critical aspects of these products, since FUNDEPS is investigating a possible violation of the legal framework of consumer protection. This could imply a breach of the company’s duty to provide adequate and accurate information, and the prohibition of misleading advertising, affecting the right to health and healthy eating of consumers, fundamentally in children and adolescents

Beyond these considerations on the need to improve the current regulatory framework and on an eventual violation of consumer protection regulations, the presentation before the Ombudsman’s Office aims to limit a strategy that affects the rights to health and nutrition. boys and girls. In this sense, Juan Carballo, Executive Director of FUNDEPS, argues that this proposal seeks that an agency in charge of looking after the interests of children and adolescents, pay special attention to a campaign that affects their rights. “We hope that Arcor can be aligned with the practices recommended by specialized health agencies. In addition, in this way it would not fall into a double standard depending on the country in which its products are sold ”

While in Argentina the same product is promoted with the label “your fair measure”, in Chile it receives the triple warning of product “high in saturated fats”, “high in calories” and “high in sugars”:

Arguments against the campaign:

  • The campaign promotes ultra-processed foods in the context of health emergency due to the high prevalence of overweight and obesity in NNyA
  • The campaign uses deceptive marketing techniques
  • The campaign puts the health of children and adolescents at risk
  • The campaign emphasizes individual responsibility
  • The campaign violates the right to information of consumers
  • The campaign is presented in products of “small portions” and not for 100 grams
  • The campaign is based only on calories

Adhere:

  • Dirección General de Enfermedades Crónicas No Transmisibles – Ministerio de Salud de la Provincia de Córdoba
  • Coalición Latinoamérica Saludable (CLAS)
  • Fundación Interamericana del Corazón y sus afiliadas en México, Argentina, Bolivia y Caribe
  • CISPAN Centro de Investigaciones Sobre Problemáticas Alimentarias Nutricionales (UBA), Argentina
  • IFMSA (International Federation of Medical Students Associations) y su sede nacional de Argentina, IFMSA-Argentina
  • Consumers International Latinoamérica
  • ACT Promoción de la Salud, Brasil
  • El Poder del Consumidor, México
  • Alianza por la Salud Alimentaria, México
  • Instituto de Investigaciones en Salud y Nutrición (ISYN), Quito, Ecuador
  • Alianza para el Control de ECNT Chile
  • Frente por un Chile Saludable
  • Fundación EPES, Santiago, Chile
  • Guillermo Paraje, Profesor titular de Economía, Escuela de Negocios, Universidad Adolfo Ibáñez, Chile
  • Alianza ENT-Uruguay
  • Centro de Investigación para la Epidemia de Tabaquismo, CIET-Uruguay
  • Asociación Uruguaya de Dietistas y Nutricionistas – Uruguay
  • Instituto Nacional de Cáncer, Uruguay
  • Instituto Brasileiro de Defesa do Consumidor – IDEC, Brasil
  • FEMAMA, Porto Alegre, Brasil
  • Educar Consumidores, Colombia
  • Fundación Colombiana de Obesidad (FUNCOBES))
  • Mesa por las ENT Colombia
  • Corporate Accountability, Colombia
  • Alianza ENT-Perú
  • COLAT (Comisión Nacional Permanente de Lucha Antitabáquica). Perú
  • ESPERANTRA (Asociación de Pacientes y Usuarios de Servicios de Salud de Perú)
  • SLACOM Sociedad Latinoamericana y del Caribe de Oncología Médica
  • Coalición México Salud-Hable, México
  • Salud Crítica, México
  • Contrapeso, México
  • Public Health Institute

Contact:

Juan Martin Carballo – juanmcarballo@fundeps.org

Agustina Mozzoni – agustinamozzoni@fundeps.org

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Reporting to the DESC Committee

In collaboration with other civil society organizations, we made several reports to the Committee on Economic, Social and Cultural Rights (DESC) for its session No. 64. Through them we intend to bring critical observations and recommendations on issues related to DESC that have been part of the work agenda of our organization, and so give an update of the report presented at the instance of sessions of the Preparatory Working Group, in 2017.

“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”

Argentina has ratified the International Covenant on Economic and Cultural Rights (PIDESC), committing itself to comply with the obligations derived from this pact. The ICESCR, like other human rights treaties, establishes a set for monitoring its level of compliance: the Committee on Economic, Social and Cultural Rights (CESCR). In this sense, the Supreme Court has recognized this committee as an “authorized interpreter” of the Covenant, which sometimes has a constitutional hierarchy.
The monitoring mechanism established in the same includes, in turn, the possibility of participating in civil society in different stages, through the presentation of reports: the Committee receives reports from the State as well as from civil society and evaluates them, for Then issue your Final observations. The importance of these observations is that they are used as tools to demand compliance with human rights standards in the matter of ESCR.
In this context, we have presented several reports that warn about the situations of rights being affected in different areas.

Health:

  • Situation of chronic noncommunicable diseases in Argentina:

We recommend urging the State to adopt some measures to reduce the consumption of tobacco products and unhealthy foods.

Among them, the limitation of advertising aimed at children, the adoption of a more simple and understandable nutrition labeling, the raising of taxes, the ratification by the Argentine State of the Framework Convention on Tobacco Control and the adoption of measures that protect especially vulnerable groups.

  • Current situation regarding marketing practices of milk formulas:

In this regard, we recommend urge the Argentine government to regulate and restrict the marketing strategies of formulas of breast milk, to continue to promote breastfeeding beyond awareness campaigns, to prevent interference from industry processes related to the field of public health and to promote transparency in the sponsorship of academic events and research.

  • Situation of the regulations of geriatric residences:

We recommend the enactment of a national law that establishes minimum budgets to be guaranteed in all nursing homes in the country, in accordance with the rights and paradigm established in the Inter-American Convention for the Protection of Older Persons, as well as local laws that accept this paradigm. Likewise, it is recommended to urge the Argentine State to publicize the data related to the authorizations and controls of said residences.

  • Lack of access to sexual and reproductive rights:

The situation of low access to contraceptives and abortion practices is worrisome in cases allowed by law. We recommend then to urge the State to provide the necessary supplies to comply with sexual and reproductive rights, as well as to ensure that conscientious objection does not impede access to them. Finally, we recommend urging the State to train health professionals, in accordance with the international standards set by WHO for access to safe abortion, and the promotion of legislative discussion for the legalization of abortion.

Democracy

  • Current situation of the Ombudsman’s Office:

This institution continues to abide by it for 11 years, which is configured as a weakening of the DESC protection system. In this regard, we have recommended, among other things, to designate as soon as possible a person in charge of the Office of the Ombudsman of the Nation and to reformulate the procedures for selecting it.

  • Access to public information on environmental matters:

We recommend that the Committee urge the State to guarantee access to public information on environmental matters in view of the progress of major infrastructure projects, extractive industries and Chinese investments; promoting the creation of instances and / or mechanisms of citizen participation. In addition to promoting the protection of those who defend their rights and oppose the advancement of large infrastructure projects.

  • Draft Bill of Collective Proceedings:

We recommend that the State abstain from promoting the Draft Bill of collective actions before the National Congress and promote a regulation that conforms to current international and constitutional standards in terms of access to justice and effective judicial protection of groups in vulnerable situations.

Ambient

  • Use and application of agrochemicals:

We warn about the effects on the right to health derived from the use of agrochemicals; recommending the adoption of a national regulation that regulates the use and application of agrochemicals and requesting the revision and adaptation of national and provincial regulations to the new categories established by the WHO regarding the classification of phytosanitary products. In addition, the adoption of measures to minimize the impact of the use of agrochemicals and periodic epidemiological evaluations is recommended.

More Information

Contacts

Agustina Mozzoni: agustinamozzoni@fundeps.org

Carolina Tamagnini: carotamagnini@fundeps.org

 

 

 

 

 

 

 

 

 

 

 

 

 

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Health and law: internship at the O’Neill Institute of Georgetown University

FUNDEPS, in collaboration with the O’Neill Institute for National and Global Health Law at Georgetown University and the Faculty of Law of the National University of Córdoba, announces renewal of the internship program.

Internship rented in the months of January, February and March 2018 at the O’Neill Institute for National and Global Health Law at Georgetown University in Washington DC.

Calling institutions:

– O’Neill Institute for National and Global Health Law at Georgetown University Law Center

– Facultad de Derecho y Ciencias Sociales de la Universidad Nacional de Córdoba

– FUNDEPS – Fundación para el Desarrollo de Políticas Sustentables

Requirements for the presentation:

– Be enrolled as a regular student of the career of Advocacy in the Faculty of Law and Social Sciences of the National University of Córdoba.

– Have passed or are pursuing International Public Law.

– Have a general average, with postponements, of 7 or more points.

– Have an excellent command of the written and oral English language.

Selection mechanism:

– Deadline for submission of applications: September 26, 2018.

– A Selection Committee of the UNC will choose a list of between five and seven pre-selected people, who will be called to an interview to be developed in English on September 28, 2018, instead of confirming.

– On October 1, 2018, the UNC Selection Committee will send a list of three to five people to the O’Neill Institute for National, whose team will decide the person selected for the internship.

– The selected person must participate, during the months of October, November and December, in activities related to the human right to health, in the FUNDEPS team.

Documentation to present:
– Letter of motivation in English justifying the application to the internship program of the O’Neill Institute
– Curriculum vitae detailed in English, in no more than 3 pages
– Scanned copy of the analytical certificate (not electronic version)
* The materials must be sent in digital format in a single file in Acrobat Reader format (.pdf) to the address: info@fundeps.org, indicating in the subject: Call O’Neill – “Name of the candidate”.

Selection criteria:
– Average.
– Interest in the area of ​​right to health or human rights.
– Academic research experience.
– Work experience in civil society organizations.
– English level.

Financing:
– The compensation granted by the O’Neill Institute during the months of the rented internship (January, February and March) allows to cover accommodation and living expenses during those months as well as the tickets from Cordoba to Washington, DC.
– FUNDEPS offers a credit of honor for those who need support to face the anticipated cost of the air ticket payment, in conditions to be determined.

Queries:

info@fundeps.org

More information:

Instituto O´Neill: http://www.law.georgetown.edu/oneillinstitute

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HLAC presented a report to the IACHR on HR and companies

Report prepared by the Healthy Latin American Coalition (CLAS) was presented in the framework of a public consultation opened by the Special Rapporteurship on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (CIDH), with the to prepare a thematic report on inter-American standards in the area of ​​business and 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”.

The growing number of cases of human rights abuses and violations committed by companies has led to the treatment of the problem by the international community for some years now. In this context and within the framework of the inter-American system, the IACHR considered gathering information from different interested parties for the purpose of preparing a report that considers the regional reality, and that analyzes and systematizes the inter-American obligations and standards, in order to finally make recommendations on the matter.

Report presented by CLAS, a network that groups around 300 organizations in Latin America of which FUNDEPS is a part, focuses specifically on analyzing the link between companies and chronic noncommunicable diseases (NCDs).

Thus, first, the report provides information on the impact of these diseases in the region, with special mention to the involvement of vulnerable groups. Secondly, the power of influence of companies in the process of formulation of norms and public policies is analyzed, as an obstacle when adopting, executing and advancing in health policies to prevent and reduce the impact of chronic noncommunicable diseases. . In this regard, the cases of the tobacco industry, the food industry and the alcoholic beverage industry are cited as examples.

The document also warns that the current regulations and action plans sanctioned by governments focus on the prevention of the risk factors of these diseases, without including a more general perspective on human rights and companies. It observes that only some countries have made slight progress in this regard, despite the fact that international evidence shows that the most effective measures to reduce the consumption of unhealthy products are those that control the actions of the companies that manufacture and promote these products; especially in relation to marketing and promotion strategies.

Beyond the efforts of Latin American governments to move forward with legislation for the prevention of NCDs, the intervention of companies in the design and implementation of public policies, as well as the lobby of the industry, constitute a great obstacle to effective implementation of norms that prevent the population from the health consequences of consuming unhealthy products.

Currently, at the international level, there are non-binding instruments and mechanisms that aim to protect human rights from the irresponsible actions of companies. These include: the United Nations (UN) Guiding Principles on Business and Human Rights, the OECD guidelines and the UN Working Group on Business and Human Rights. Similarly, the work of the IACHR has focused on the search for the prevalence of fundamental rights against the power of corporations; and that is why this thematic report takes on a fundamental character. In this context, also, in the last three years, at the initiative of some States, it has begun to debate the possibility of having an international treaty that effectively forces companies to comply with and guarantee respect for human rights. We believe that an instrument with these characteristics would reinforce the existing regulations, while at the same time ending the abuses perpetrated.

More information

Report presented by CLAS

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

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We participated in the Discussion on access to justice for the elderly in Córdoba

On June 18, 2018, within the framework of the Project AJuV- for the Promotion of Access to Justice of Vulnerable Groups- of the Office of Human Rights and Justice of the Judicial Branch of Córdoba – Argentina, an external consultation session was held. on access to justice for the elderly in the province of Córdoba, which included the participation of numerous organizations that work locally to promote the human rights of older people, including FUNDEPS.

The AJuV Project aims to develop contextual action strategies that allow access to justice for vulnerable groups. These actions consist of: virtual training courses for all judicial personnel, publication of normative compendiums with summaries in simple language for the social dissemination of rights, awareness-raising events to address the legal culture in relation to vulnerable sectors and the preparation of action protocols for judicial personnel.

The latter will be the daily consultation tool for those who provide justice in cases involving people belonging to the vulnerable group.

In order to enrich the assembly of the protocols, the Discussion generated a space for communication and debate with relevant organizations and actors for the promotion of access to justice, discussing obstacles, good practices and cross-cutting recommendations to different groups in conditions of vulnerability in Córdoba.

It is expected that this type of initiative can generate measurement indices about the levels of effectiveness of the policies implemented and that those responsible be established to monitor and comply with the policies that guarantee the access of the elderly person to justice.

Author

Laura Alesso

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Misinformation is also violence

At present, there is no access to official data about the geriatric nursing homes in the province of Córdoba.

From FUNDEPS, we have submitted a request for information to RUGE.PRE.SA, (Registry of Units for the Management of Health Benefits), a body under the Ministry of Health of the Province, responsible, among other things, for regulating and monitoring habilitations of residences for the elderly.

“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 presentation, we required that you inform about the number of residences for elderly people that were in operation in the province of Córdoba; what were the control or monitoring mechanisms on the authorized institutions; and about the control procedures regarding non-qualified institutions, detailing how to proceed in these cases.

The regulations provide for the possibility of presenting these requests for information by the citizenry in order to take cognizance of the acts of the State and, as established by provincial law No. 8803, the State must respond within 10 working days. Having expired this deadline and no response, we present a prompt dispatch whose response period also expired without having been answered.

It is a duty of the State to make this information publicly accessible. We insist on the importance of the publicity of these data, in order to be able to exercise a better control and make visible situations of irregularity. Even more so if we take into account that what is being affected are the rights of a vulnerable group, as are institutionalized older people.

The situation is even more worrying, if we take into account that at the national level there are no unifying norms and establish basic requirements to be met by these residences and that they determine a minimum of rights to be guaranteed in any geriatric residence in the country; on the contrary, the requirements and conditions that a geriatric residence will have to meet to be qualified, depends exclusively on what the local governments establish, which causes great differences among the provinces.

In the Province of Córdoba, Law No. 8,677 and Decree No. 657/09 regulate the operation of private geriatric residences with special emphasis on the physical issues of the establishment, but without advancing on the quality of care. The law does not make considerations regarding the perspective of human rights, socio-health issues and the status of subjects of the people who reside there. As for public residences, it is noted that there are no regulations in the province that regulate them, thus constituting a regulatory gap in this regard.

In a scenario characterized by inequality and an institutional infrastructure still insufficient in terms of protection and exercise of human rights, providing effective responses to accelerated population aging is one of the most important challenges facing the Argentine State and the region. The recent ratification by the Argentine State of the Inter-American Convention on the Protection of the Human Rights of Older Persons, could mean an opportunity to do so.

We must insist that the road to travel is still long. On the one hand, public policies that are designed to reclaim and promote the empowerment of older people are essential. Not only to enable their full participation in the social, economic, cultural and family life of countries, but also to encourage social processes of review of perceptions and representations, generally negative, linked to old age. On the other, it is necessary to think about strategies that allow aging to be positioned at the center of public debate in order to give visibility and interest to a topic that has historically been ignored.

In short, the correct attitudes and policies in this regard will facilitate society’s effective use of the potential of the elderly, thus consolidating the path aimed at the construction of a more inclusive society, where everyone finds their role and opportunities, in tune with your wishes and needs.

We continue to demand the response of the corresponding agencies, while we hope that public policies aimed at full compliance with the human rights of the elderly will be developed.

Author:

Maga Ailén Merlo Vijarra

Contact:

Agustina Mozzoni, agustinamozzoni@fundeps.org

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The Ministry of Health of the Nation promotes the ratification of the Framework Convention on Tobacco Control

From the Ministry of Health of the Nation developed an action plan that includes representatives of different sectors, in order to push the ratification of the Framework Convention on Tobacco Control (FCTC) by the Argentine State, an international health treaty public with members from 180 countries and that Argentina has not yet ratified.

“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 April 24, a new meeting of the National Commission for the Coordination of Tobacco Control took place. The event was attended by representatives of about 40 organizations that include government agencies, NGOs, scientific societies, among others.

Among the conclusions of this first event, the following stand out:

  • A national law is not enough, the ratification of the (FCTC) provides tools, measures and mechanisms of international cooperation that can not be replaced by national policies: the protection of small producers, the interference of industry and illegal trade, for example , can not be fully covered by national legislation. If we do not ratify the FCTC, Argentina is left out of the international assistance provided by the FCTC to its members and we are damaging with other countries in the region.
  • The FCTC is not against small producers, on the contrary, articles 17 and 18 of the agreement focus on protecting small producers in the diversification of their crops. The ratification has a gradual implementation of its measures in order to protect small producers. In addition, the example of other countries that ratified is that there was no impact on the cultivation of tobacco.
  • It was recalled that before the international community, ratification facilitates the entry of Argentina into the Organization for Economic Cooperation and Development (OECD). This claim does not come only from public health institutions.

For several years, several monitoring bodies of international human rights treaties have been recommending that the Argentine State ratify this treaty. Indeed, the Committee for the Elimination of All Forms of Discrimination against Women (CEDAW), the Committee for the Rights of the Child (CRC) and the Committee on Economic, Social and Cultural Rights (CESCR) have emphasized that for the adequate protection of the right to health in general and in particular of populations such as women, children and girls, Argentina should ratify the FCTC.

Together with other civil society organizations, such as FIC Argentina, we present shadow reports to these human rights committees. As examples, the CESCR recommended “the State party to ratify and implement the WHO Framework Convention on Tobacco Control”. For its part, CEDAW expressed concern about the “high tobacco consumption among girls compared to boys”. By virtue of this, It recommended to Argentina “ratify the Framework Agreement of the World Health Organization for Tobacco Control”.

As part of this action plan, a Declaration was sent from FUNDEPS, the creation of an executive committee and the holding of periodic meetings is foreseen. In this sense it is valid to clarify that Senator Silvina García Larraburu presented a bill before the Congress that seeks to ratify the Convention.

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

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More than 15 Latin American countries requested presidents measures to protect health

During the VIII Summit of the Americas that took place in Lima, Peru, presidents of the region discussed corruption, the governance of our peoples and economic and social sustainability. For the first time at the Summit, health is on the agenda.

“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”.

Corruption, obstacles to democratic governance, lack of transparency, and difficulties in implementing public social policies are all factors that negatively impact the health systems of the region and conspire against the development of the communities of the Americas. The four main noncommunicable diseases (cardiovascular, cancer, diabetes and chronic respiratory diseases) are the main cause of disease, disability and preventable death in the world in general and in the region of the Americas in particular. They are responsible for 70% of deaths.

The costs of these diseases constitute a significant burden for health budgets and national economies. These diseases reduce economic productivity, overload health systems and promote individual and family poverty. It is not possible to build a sustainable and functional economy if disability and premature deaths due to NCDs remain so high and costly for governments.

That is why civil society organizations in the region, based in the Healthy Latin American Coalition (CLAS), asked presidents present at the Summit to implement concrete measures to protect the health of the population without the interference of the industry. These measures include fiscal policies that increase the price of unhealthy products (cigarettes, sugary drinks, among others) to discourage consumption; the implementation of front labeling in foods that provide clear and useful information to consumers, among others. In parallel, CLAS asks presidents to make an appointment with health and attend the UN High Level Meeting on NCD on September 27, 2018 in New York City.

About CLAS

It is an alliance of more than 250 non-governmental organizations in Latin America whose purpose is to prevent and control non-communicable diseases (NCDs) in this region. Its members include medical societies, patient organizations, health NGOs, consumer NGOs, religious and academic entities. Founded in March 2011, it is aimed at reducing inequality, promoting human rights, and promoting effective policies with an impact on the risk factors and determinants of NCD. Its objective is to strengthen the action of civil society to prevent and control NCDs in the region through political advocacy, education, awareness and research, at the national and regional levels, so that effective policies are implemented, in line with the objectives of the United Nations (UN) and PAHO-WHO. It is an initiative of the Inter-American Heart Foundation.

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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We present a report on NCDs to the Committee on the Rights of the Child

Together with FIC Argentina, the O’Neill Institute and the Chair of Food Sovereignty of the Nutrition School of the UBA, we present a report in which we warn the situation of chronic diseases in Argentina focusing on the particular situation of children and adolescents ; At the same time, we suggest to the State the adoption of some measures to reduce the consumption of tobacco products and unhealthy foods.

“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”.

When a country ratifies an international human rights treaty, it undertakes to comply with the obligations established in it. Many of these treaties establish mechanisms so that the rendering of accounts on the level of compliance with these obligations is open to the participation of civil society. In this case, Argentina’s obligations under the Convention on the Rights of the Child will be reviewed before the Committee on the Rights of the Child, which is the body of independent experts that supervises its application.

Measures such as, the limitation of advertising directed to boys and girls, the adoption of a simpler and more understandable nutrition labeling, the raising of taxes, the ratification by the Argentine State of the Framework Convention on Tobacco Control and the establishment of school kiosks healthy

The information presented and the recommendations made are intended to ensure that between the next May 14 and June 1 the 78th session of the Committee on the Rights of the Child will be held, where the final evaluation will be made regarding the degree of compliance with the rights enshrined in the Convention on the Rights of the Child by the Argentine state. The final observations that the Committee issues will be tools to require the Argentine State to comply with human rights standards.

Link to the full report: bit.ly/InformeENTs

Contacto:

Agustina Mozzoni – agustinamozzoni@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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The Constitutional Court of Colombia rules in favor of the right to health and information

On March 15, 2018, the Constitutional Court of Colombia rejected the challenge presented by the Superintendence of Industry and Commerce, and ratified its initial ruling. There he had pronounced in favor of the right of consumers and consumers to access information on the health effects of consuming sugary drinks.

“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 August 2017, the Constitutional Court of Colombia had ruled in favor of the protection promoted by the Colombian Association of Consumer Education (EDUCAR Consumers) and by Dejusticia, granting the fundamental rights promoted in it.

This process occurred in the context of the launch of a campaign by Educar Consumidores in August 2016: called “Take care of your life – Take it seriously” that sought to provide information on the harmful health consequences of regular consumption of certain sugary drinks . The campaign spread a commercial on television and radio that showed the high sugar content of these beverages, linking their consumption with problems such as diabetes or obesity, present both in Colombia and throughout the Latin American region.

Postobón SA, a sweetened beverages company in Colombia, denounced that commercial before the Superintendence of Industry and Commerce (SIC), which by means of a resolution ordered Educating Consumers to stop disseminating it, alleging that it was “misleading advertising” by not have scientific or medical support for their assertions. Also, it ruled that it was sent, before its publication, any advertising piece that in the future would like to transmit about the consumption of sugary drinks (BBAA) in any media, including social networks. This restriction was established by the SIC with the objective of exercising prior control and this being the one that authorizes or not its subsequent dissemination, under penalty of fine.

Faced with this, Educar Consumidores decided to file a lawsuit claiming for the violation of their right to freedom of expression in a matter of public interest. At the same time that Dejusticia, also, filed a complementary legal action stating that the resolution of the SIC violated the right of consumers to access relevant information that would allow them to make informed consumption decisions. After different instances and a very good decision of the Supreme Court of Colombia (already commented by FUNDEPS), both cases were accumulated by the Constitutional Court.

We recall briefly that it was before an instance that FUNDEPS together with FIC Argentina, presented an amicus curiae (see note) whose grounds sought to prove that the measures adopted by the SIC resolution meant a violation of human rights obligations at different levels. On the one hand, it violated the freedom of expression of an organization of civil society, even being a clear prior censorship and, on the other, it mattered a serious breach of recommendations of human rights organizations on how to guarantee the right to health and food, and how to deal with the global epidemic of obesity and malnutrition.

Regarding the decision of the Colombian Constitutional Court, in its judgment T-543/17, it was clearly established that “the messages transmitted by Educar Consumidores -which is a non-profit organization and that does not promote any product- are framed in a public health campaign that, beyond influencing a consumer decision, sought to warn of the health risks of excessive consumption of sugary drinks.”

Likewise, he argued that freedom of information (as a component of freedom of expression) in accordance with Article 13 of the American Convention on Human Rights, “includes the freedom to seek and access information, the freedom to inform and, the freedom and the right to receive truthful and impartial information about facts, ideas and opinions of any kind through any means of expression“. Similarly, said that although freedom of information is not an absolute right, any limitation is presumed suspicious, so it must be subject to a strict constitutionality, as required by the case in particular. This is because the right to inform and the right of consumers to receive information, fulfill several essential functions in the ordering, “(i) first, it guarantees the right of consumers to the relevant information on food products that consume, giving meaning to the essential core of their right to information. (ii) Secondly, it enables consumers to freely choose the food products they wish to consume, according to their own life orientation, thus respecting the essential core of the right to choose, which is the responsibility of the consumer and which is linked clearly to the expression of their free development of personality. Third, (iii) it guarantees health protection and prevention, by admitting the presumed or eventual risks linked with aspects of the development of these products that are unknown to society up to now, based on the precautionary principle. [and] (iv) fulfills an instrumental function, by facilitating the monitoring of these products by the corresponding authorities“.

In view of the above, the Court ruled that the SIC violated the fundamental right to freedom of expression of the plaintiffs by submitting the transmission of information on the consumption of BBAA to a prior control over its contents and ordered it, for the term of three months, publish on your home page of your website, a link with access to the aforementioned order with a statement that synthesizes the content of it.

However, the SIC against such resolution decided to file a judicial appeal (nullity action) in order to render the judgment issued by the Court ineffective. FUNDEPS participated on this occasion in the presentation of a collective amicus together with other NGOs of the region. The challenge was resolved on March 15 and confirmed what the Supreme Court of Justice and the Ninth Chamber of the Constitutional Court had upheld. in the initial ruling, with the same arguments: consumers and consumers have the right to know what is the impact that the consumption of sugary drinks and any other product have on our health and that a public health campaign like the one questioned constitutes a message from Informative type that can not be censored.

We celebrate the ruling issued by the Constitutional Court and we believe that decisions such as these are relevant for Colombia and for all of Latin America. The growth of obesity (especially strong impact on children and adolescents) and the strong presence of advertising strategies in the food industry are repeated throughout the region. This situation demands from the State a particularly active role through public policies that, among other things, facilitate access to relevant information on consumer decisions. In turn, we emphasize that the sentence matters and contributes to the generation of valuable and positive jurisprudential precedents in favor of the human right to health and adequate food, allowing voices not driven by economic interests to be respected and heard. We continue accompanying and, proclaiming due recognition and adequate protection of the right to health and food.

Author

Maga Merlo Vijarra

More information

Contact

Agustina Mozzoni – agustinamozzoni@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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The hidden deception of the industry behind food labeling

“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 our country, overweight and childhood obesity constitute a public health problem of great magnitude. This was corroborated by the World School Health Survey which showed that in Argentina overweight in adolescents aged 13 to 15 years increased from 24.5% to 28.6% between 2007 and 2012. Likewise, the results of the National Nutrition Survey and Health reported an obesity prevalence of 10.4% in children from 6 months to 6 years of age.

In this context, FUNDEPS participated in an investigation together with the Inter-American Federation of the Argentine Heart (FIC) and the Catholic University of Santa Fe in which the labeling of foods, claims and marketing strategies in various products of our country was analyzed.

After examining 301 products, the research showed that 87% of breakfast cereals, desserts and sweet cookies contain an excessive amount of one or more critical nutrients such as sodium, free sugars or fats. Likewise, 4 out of 10 containers of cereals, desserts and cookies of low nutritional quality use nutrition messages such as “Source of vitamins and minerals” or “50% of recommended daily calcium”.

On the other hand, it was determined that the current regulations related to food labeling and marketing techniques in our country are ineffective in adequately regulating this matter, which leaves an important margin for companies to take advantage of these legal gaps, confusing the consumer and limit in your choices. In this way, the State fails to comply with its obligation to protect the human right to health, which requires preventing the actions of third parties from affecting the possibility that a group of people can effectively exercise their right to health.

This situation demonstrates the need to strengthen the existing regulation and the implementation of effective mechanisms aimed at restricting these deceptive marketing practices and developing a nutritional labeling that provides the necessary information to ensure the right of consumers to clear and truthful information, contributing to the choice of healthier options. In this way, in addition, the State will adequately fulfill its obligations in relation to human rights to health and adequate food.

More information

– Description and analysis of the Argentine regulatory framework and international standards

– Full report

Contact

Slavenska Zec – slavenska.zec@fundeps.org

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We participate in the launch of the National Coalition for the Prevention of Childhood Obesity

“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”

BUENOS AIRES. On Friday, November 24, there is a day for the presentation of the National Coalition for the Prevention of Childhood Obesity; What is sought from this initiative is to decrease the highest rates of this epidemic, based on mutual and collaborative work.

Currently, there are about 41 million children under 5 years of age who are overweight or obese, of which more than 80% live in developing countries. The data available in the Latin American region indicate that, in general terms, 20% to 25% of those under 19 years of age are affected by overweight and obesity. In Argentina, the World School Health Survey conducted in 2012, showed that overweight among students was 28.6% in 2012, being higher among men (35.9% vs. 21.8% women) and with higher prevalence at younger ages.

The event contains instances for intersectoral dialogue in order to discuss the situation of the problem in Argentina, define lines of action and next steps. Representatives of international organizations such as PAHO Argentina, representatives of the governmental sector, and members of the academic and civil society are participating.

In addition, the first consensual document of the Coalition is presented, which deals with policy standards for healthy school environments in Argentina. The same was working in a coordinated manner among the members and its final conclusion is intended, from this day.

Our decision to participate in this network arises with the intention of addressing more effectively an important public health problem. In addition, we believe that it is necessary that these spaces have local data for the purpose of designing policies appropriate to local realities in terms of healthy eating.

Contact

Juan Carballo – juanmcarballo@fundeps.org

Agustina Mozzoni – agustinamozzoni@fundeps.org