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Introducing amicus curiae to defend the right to information and 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”

 

On August 10, we made a presentation before the Colombian Constitutional Court to clarify the content and scope of the fundamental right to health. An amicus curiae (friend of the court or friend of the court) is a presentation made by a non-litigious third party, where he voluntarily offers an opinion on some aspect of law, to collaborate with the court in the resolution of the litigation.

The Colombian Association of Consumer Education (Educar Consumidores) launched in August 2016 a campaign called “Take care of your life – Tómala en Serio”, which sought to provide information on the harmful health consequences of regular consumption of certain sugary drinks. In the framework of this campaign, a video was broadcast on television and on radio that showed the high sugar content of these beverages, connecting these behaviors with health complications such as diabetes or obesity, which occur both in Colombia and throughout Region of Latin America. Postobon S.A., a sweetened beverage company from Colombia, denounced this video before the Superintendency of Industry and Commerce (SIC). As a result, the SIC prohibited by resolution 59176, the dissemination of the commercials alleging that it was “misleading advertising” for not having scientific or medical support for their assertions.

Resolution 59176 issued by the SIC ordered Educar Consumidores to cease the dissemination of the commercial. Also, it ordered to send to the office of the Delegation of Research and Consumer Protection of the SIC, any advertising piece that in the future wishes to transmit on the consumption of sweetened beverages (BBAA) before its publication. This restriction would apply to any medium of communication, including social networks; And the SIC established it with the objective of exercising prior control over it and deciding whether to authorize its publication and dissemination or not, under penalty of fine.

Faced with this situation, Educar Consumidores filed a lawsuit claiming for violation of its freedom to express itself in a matter of public interest. At the same time, Dejusticia filed a supplementary legal action claiming that the resolution of the SIC violated the right of consumers to access relevant information. After different instances and a very good decision of the Supreme Court of Colombia that was already commented by FUNDEPS, both cases were accumulated by the Constitutional Court. In this instance, the Constitutional Court will have the opportunity to clarify the limits of the commercial discourse and its differences with the awareness campaigns. At the same time, it may raise the relevance of access to information to ensure the right to health and to make consumer decisions with adequate information.

The amicus presented together with FiC Argentina provides arguments of international human rights law that we consider relevant for the resolution of the case. With this intervention, we hope to contribute to the solution of a case that we consider to be of extreme importance for both Colombia and the rest of Latin America. Judicial processes like this have great repercussions both globally and regionally, as they generate valuable jurisdictional background on the important issue of healthy eating.

The foundations of the amicus curiae seek to demonstrate that the measures adopted by the SIC resolution mean a violation of human rights obligations at different levels, while weakening the possibilities of responding to a global epidemic of malnutrition and obesity. On the one hand, it violates the freedom of expression of a civil society organization, it is even a clear prior censorship regarding its action in the public sphere. It also implies a violation of human rights obligations as it violates the recommendations of monitoring bodies on how to deal with the obesity epidemic. Different bodies and specialized offices such as CDESC, CRC or rapporteurs for the right to health or the right to food have pointed out that the obesity epidemic is definitely a human rights problem affecting a vulnerable population: children And adolescents.

From FUNDEPS and FIC Argentina we believe that this decision will have relevance both within Colombia and at the regional level. The growth of obesity – with a particularly strong impact on children and adolescents – and the strong presence of advertising strategies in the food industry are repeated throughout the region. Chronic noncommunicable diseases are the leading cause of death in the world. It is the duty of the State to respect, guarantee and protect the rights of its citizens, especially when dealing with fundamental issues such as the protection of health. Therefore, the decision of the Court in this case will be important beyond the borders of Colombia.

More information

– Amicus Curiae presented at Colombian Constitutional Court

Author

María Victoria Gerbaldo

Contact

Agustina Mozzoni – agustinamozzoni@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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One month after the suspension of pensions, many people with disabilities remain unanswered

“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 June 21 of this year, an order was made with more than 25 civil society organizations, the Minister of Social Development, Carolina Stanley, requesting the immediate reinstatement of all pensions suspended or discharged in violation of due process , Both during the month of June, as in previous months. It was demanded the implementation of an information and discussion mechanism that effectively and effectively assures the right to be heard, and to exercise the defense of all those persons holding a disability pension. In addition, we ask for the generation of spaces for the participation of civil society, in the process of adapting decree 432/97 to international standards.

In response to the claim made, the Ministry of Social Development showed that it does not implement appropriate administrative procedures prior to the decision to withdraw non-contributory pensions, and did not give any response to the request to review the criteria of the decree 432/97, implementing instances of participation and consultation with organizations of and for persons with disabilities.

The Ministry explained that it does not implement any mechanism to guarantee the right to be heard, and due process of the people to whom the benefit is suspended. On the other hand, he replied that two provisions have been approved that render suspensions inoperative, and that a mechanism for communicating suspensions is in the process of being implemented, but it did not accredit their compliance or give access to the content of the aforementioned provisions.

Both the Supreme Court of Justice of the Nation and the Federal Chamber of Social Security have respectively indicated that the administrative act that provides for the reduction of a non-contributory pension is illegitimate if it is approved without analyzing all the facts of the case; And that the powers of the Pension Assistance Commission to verify compliance with the requirements of the regulations for the enjoyment of non-contributory pensions can not be exercised without due process of adjective protection of the administrative procedure law; And a non-contributory pension can be suspended only after giving the persons affected the possibility of defense and pleading, and the facts on which it is based are fully proven.

The state action, in addition to violating the right of defense, represents a regressive act, in violation of the principle of progressivity and non-regressivity, which should govern the implementation of public policies in the area of ​​economic and social rights, such as the right to Social security for people with disabilities. This is why an urgent response to the problem faced by people with disabilities is required.

Lastly, the importance is again emphasized and it is urged that spaces for the participation of civil society in the process of amending decree 432/97 be generated and replaced by a new norm that respects the provisions of the Convention on the Rights of Persons with Disabilities. The Persons with Disabilities and the international treaties of Human Rights and ensure that, until this happens, their interpretation is done in accordance with said instruments.

Author

Luciana Severini

Contact

Agustina Mozzoni <agustinamozzoni@fundeps.org>

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First meeting of the National Commission on Healthy Eating and Obesity Prevention

“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 main objective of the meeting is to inform about the lines of action that the Program develops and to propose strategies for the joint work. This Commission was established on the basis of Resolution 732/2016 that determined the creation of the National Program of Healthy Food and Obesity Prevention in the scope of the Direction of Promotion of the Health and Control of Noncommunicable Diseases.

At the beginning of the event, Dr. Adolfo Rubinstein (Secretary of Health Promotion, Prevention and Control of Risks) and Dr. Verónica Schoj (Director of Health Promotion and Non-Communicable Chronic Diseases) speak. Veronica Risso Patrón (Coordinator of the National Program for Healthy Eating and Obesity Prevention) explains the Commission’s working proposal: thematic and modality of work, schedule, expected products. Finally, the signing of declarations of conflicts of interest takes place at the meeting.

It is expected that the Commission will work through voluntary advisory subcommittees on different topics: food reformulation, nutritional profiles and front labeling, marketing and advertising of foods, promotion and healthy school environments.

Childhood obesity is a problem with serious health and economic consequences that is increasingly affecting low- and middle-income countries and the most vulnerable sectors of the population. At present, there are about 41 million children under 5 years of age who are overweight or obese, of whom more than 80% live in developing countries. We celebrate these kinds of initiatives that represent an opportunity for the debate and the coordination of efforts of multiple actors of society. We also emphasize the importance of including and ensuring the effective participation of organizations from different provinces that account for the specific and specific reality of each one, and allow progress towards the construction of a federal policy on healthy eating.

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

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Organizations demand continuity of discontinued disability pensions

“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 vague explanations given by Minister Stanley are insufficient, and do not address the serious problems that the Ministry itself has generated. Among their shortcomings, it is observed that they do not specify which pensions will be restored and which will not be reinstated, omit to detail in which cases they consider that there have been errors, what will be the procedure that will be applied, and what criteria will be applied to resolve on the granting and continuity of pensions .

The massive pension suspension occurred without respecting minimum guarantees of due process, and applied restrictive and unconstitutional criteria.

The suspension and suspension of pensions not only implies the suspension of the economic benefit, but also restricts access to medical services. The interruption of medical treatment is one of the serious consequences that this measure has caused.

Of the complaints received we observe that in certain cases the Ministry continues to maintain unreasonable criteria, which is seen in the suspension support for owning a motor vehicle. Also, some people the Ministry has told them that it is not certain when their benefit will be restored, saying that it could be only the following month or later. The non-application of the procedure, the inaccuracies of the official communications and the concrete responses that are being received by the people affected by several days lead to many of them continuing in uncertainty as to whether they will recover their pension or how to Dispute a suspension which they consider to be arbitrary. Their defenselessness further aggravates their situation of vulnerability.

The criteria used, by means of an isolated interpretation of Decree 423/97, which include the analysis of assets and / or income in the family group, reinforce the dependence links of persons with disabilities, ignoring their right to live independently and to be included In the community, recognized in art. 19 of the Convention on the Rights of Persons with Disabilities.

The Ministry must immediately reinstate suspended or discharged pensions in violation of due process, both during the month of June and in previous months, and implement an information and discussion mechanism that effectively and effectively assures the right to To be heard and to exercise the defense, to offer and produce evidence, in good time, by all persons holding a disability pension.

Lastly, it has been requested to generate spaces for the participation of civil society in the process of adapting decree 432/97 to the Convention on the Rights of Persons with Disabilities and to international human rights treaties and to ensure that until such happens Its interpretation is done in accordance with those instruments.

More information

– Note submitted to the Ministry of Social Development

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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The National Executive presented a draft for the approval of the Convention on the Protection of Human Rights of Older Persons

On August 8 , the National Executive presented a bill before Congress for the approval of the Inter-American Convention on the Protection of Human Rights of Older Persons. Although Argentina played a key role in the negotiation process in the OAS, it has not yet been ratified by our country.When ratified, a convention is incorporated into State law; hence there is great value to this initiative of the National Executive. The elderly are a vulnerable group, and this implies for the State an obligation: to promote measures of special protection for such groups to enable them to exercise their rights and freedoms.

Esta convención tiene como objetivo promover, proteger y asegurar el reconocimiento y el pleno goce y ejercicio, en condiciones de igualdad, de todos los derechos humanos y libertades fundamentales de las personas mayores. La misma fue aprobada el 15 de junio de 2015 por la OEA. Si bien Argentina cumplió un rol fundamental en el proceso de negociación en la OEA, aún no ha sido ratificada por nuestro país.

La adopción de esta convención constituiría una herramienta fundamental para el avance por los derechos de las personas mayores y, en definitiva, la protección de los derechos humanos consagrados en los distintos tratados aceptados por nuestro país.

Al ratificar la convención, Argentina se obliga internacionalmente a adoptar las medidas legislativas, institucionales y de cualquier otra índole, necesarias para hacer efectivos los derechos y libertades que en dicha convención consagran; además, la misma se incorpora como parte del derecho vigente del Estado. De allí el valor y la importancia que tiene ésta iniciativa del Poder Ejecutivo Nacional.

Apoyamos el proyecto de ley e instamos a su efectiva sanción recordando que los adultos mayores constituyen un grupo vulnerable, y esto implica para el Estado una obligación reforzada: el deber de impulsar medidas de protección especiales que les permitan el ejercicio de sus derechos y libertades.

Más información:

– “La OEA aprobó la Convención que protege los derechos de las personas mayores” (Página web FUNDEPS)

– “Avances en el proyecto de ley de protección integral de las personas mayores” (Página web FUNDEPS)

– Proyecto del Poder Ejecutivo presentado ante el Congreso de la Nación

Contacto:

 Agustina Mozzoni – agustinamozzoni@fundeps.org