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The ANMAT Provision that authorized the sale of Misoprostol in pharmacies is suspended

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

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

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

Suspension of sale in pharmacies

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

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

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

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

Soup again

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

ILE is still right

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

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

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

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

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Gender policies in journalism and advertising. The debates we owed

We held the National Forum on Gender Policies in Journalism and Advertising on September 12 and 13 at the Faculty of Social Sciences of the UBA. We have the presence of interns from the interior of the country dedicated to advertising, journalism and communication, representatives of journalistic and advertising organizations and we obtained the signature of 44 institutions to the Commitment Agreement.

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.

There were two days of reflection and discussion around a central axis: the gender policies that exist (and are missing) in the two most important sectors dedicated to communication: advertising and journalism.

On Thursday 12, the day began in the afternoon with the opening of the Forum by the organizations that made this event possible: The Civil Association Communication for Equality, The Heinrich Boll Foundation, UNESCO and Fundeps.

Then, organizations from all over the country linked to journalism and advertising signed the Commitment Agreement on Gender Policies in Journalism and Advertising. They expressed their interest and desire to transform the labor structures of these industries and create democratic, inclusive and diverse spaces, with equal real opportunities to access decision-making positions and more valued areas.

They joined 44 organizations of which 16 are from within the country. They signed 9 media companies, 15 advertising agencies, 7 academic institutions, 6 professional associations and networks, 3 press unions, 3 business chambers and 1 state agency. Those who want to adhere and sign the Commitment Agreement can do so through this form.

The day ended with Luciana Peker’s talk-debate «The feminist tide in journalism and publicity: another way of telling, another way of working.»

Start from questions to find answers

Friday was raised as a meeting place between the various actors that are part of both industries: educational institutions, unions, business chambers, advertising agencies, media companies, civil society organizations, state agencies and workers / is from both industries.

The day was organized in four panels, designed from the critical axes found in both industries. During the morning the following were presented:

  • Care policies, in which Paula Rey and Victoria Gallo (ELA), Georgina Sticco (Gender and Work-Grow), Mariángeles Camusso (Inter-American Open University), Silvia Martínez Cassina (channel 13) and Cecilia Bustos Moreschi (Fundeps) participated as moderator.
  • Labor rights and unionization, whose panelists were Cynthia Benzion (vice president of the Association of Lawyers and Labor Lawyers of CABA), Verónica Baracat (UN Women), Diego Pietrafesa (Telefe-SiPreBA), Luciano Calió (FBC & Fire) and Melanie Tobal (Advertising. org) in moderation.

In the afternoon were the panels «Journalism and Gender» and «Advertising and Gender»:

  • The first, moderated by Pate Palero (PAR Network), was composed of Viviana Mariño (Argentine Time), Nicole Insignares (Clarín Group), Silvia Hernández (UBA) and Gabriela Toledo (Subprogram of Strategies for Training and Communication of San Luis ).
  • The last one was formed by Mariana Iesulauro (Y&R Agency), Agustina Militerno (Havas), Tomás Balduzzi (Higher School of Advertising Creatives) and Rocío Restaino (Women in Advertising) as moderator.

In these spaces, the various actors in the advertising and journalism industries were invited to ask themselves: What is the relationship between care policies and actions and the participation of women in the advertising and journalism industries? Why are there so few women in hierarchical positions and in the most valued areas? What are the most serious problems of both industries in relation to unionization and the construction of labor rights? What strategies can be designed, implemented and evaluated to generate more democratic and diverse work environments?

These questions put into question the labor practices of both industries, the production of content and promoted discussions postponed by some of these actors.

There were two days of intense debate, which allowed us to observe and realize that the advertising and journalism industries are not excluded from many sexist practices, and that, like most of the different items, gender-based inequalities suffer, such as, the wage gap between men and women and the glass ceiling, both produced mainly by the overload in women of unpaid household chores and by maternity. That in order to transform this, it is necessary to defend and transform trade union spaces, to continue with the internal demand for violence-free, equitable and egalitarian spaces. As Luciana Peker said «without union rights, but also gender-specific, there is no possibility of reaching or staying, or reaching places of hierarchy.»

We believe that the Forum was an enriching space as it sat on the same discussion table to workers, companies, unions, educational institutions, civil society organizations and the same State, in order to generate commitments that translate into policies of Formal, concrete and sustainable gender that promote real equality of opportunities, inclusion and diversity within.

Authors

Valentina Montero

Cecilia Bustos Moreschi

Contact

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

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Elections that gave no respite to gender violence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Author

Mila Francovich

Contact

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

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Journalists and NGOs meet to talk about transparency and access to information

On November 28 and 29, the 2nd annual meeting of the Network of Organizations Against Corruption (ROCC) was held in the city of Córdoba. In this context, a meeting was held with journalists to talk about corruption and access to information.

The central theme that summoned us was the request to update the law on access to public information in Córdoba, supported by ROCC and other NGOs in Córdoba. During the meeting, the status of this right was discussed at the level of the provinces and at the national level, and the differences between the existence of a regulation and its application. Journalists and NGOs concluded in the need for a collaborative work together to be able to work on access to public information.

What is the situation in Córdoba?

The conclusions of the meeting show the need, in most cases, to have to prosecute requests for access to public information in Cördoba, and to have to wait for judicial times.

Córdoba, not only needs to update its law on access to information, but also the regulations that exist are far from being correctly applied. Fundeps only received 5% responses to requests for information submitted in 2019 to the municipality and the province; and when he prosecuted a case, the TSJ resolved it 10 years later.

And in the other provinces?

From the organizations of Mendoza, CLADH (Latin American Center for Human Rights) and Our Mendoza, it was highlighted that there were clear advances in relation to access to public information in their province, especially legislative ones. Since 2018 they have a new AIP law and in 2019 it was regulated. It contemplates issues of active transparency and even an office dedicated to its implementation, the Office of Administrative Research and Public Ethics. However, they warn that this does not work properly and that a system of comptroller, interprovincial for example, would be useful for the purpose of this being accountable to a third party.

On the other hand, both Salta and Santa Fe, Salta Transparente and Acción Acción, respectively, announced that their legislative situation is the most worrying. Salta does not have a law on access to public information at the provincial level, but at the municipal level of the city of Salta with an ordinance that includes, among other issues, active transparency and sanctions in the case of non-compliance with it. For its part in Santa Fe, the next will try for the ninth time to enter the law to the Legislature the bill on access to public information.

The Civil Association for Equality and Justice (ACIJ) of the autonomous city of Buenos Aires, said it is preparing a report on the applicability of the national AIP law, which will be published at the beginning of the year 2020.

How did the ROCC event continue?

At the meeting, other civil society organizations in Córdoba were invited to present their projects on Open Government. Virginia Romanutti of the Our Cordoba Citizen Network attended, who presented her work in the framework of the Goals Plan of the Municipality of Córdoba. Also attended by representatives of PARES working around three strategic axes: gender, citizenship and development; and Minka who is dedicated to issues related to law and technology.

In relation to the Network of Organizations Against Corruption, a balance of the activities of 2019 was made, highlighting:

  • The note that was presented on January 25 to the president of the nation in relation to the decree of necessity and urgency (DNU) issued on the Procedural Regime of Civil Action for Extinction of Domain.
  • Contribution of comments to the presentation of the Draft Open State Law in Salta.
  • Active participation in the Federal Council for Transparency.
  • The Social Anti-Corruption Agreement.

And, some actions were proposed to carry out next year as:

  • Participate in the Federal Council for Transparency.
  • Conduct awareness campaigns on the importance of the right of access to public information.
  • Supervise infrastructure works at the national level as they become one of the most important niches of corruption.
  • I work to regularize the lobby.
  • Consolidate a work plan on misuse of public resources.
  • Require a law on public ethics in provinces or municipalities that do not own one.

Contact

Nina Sibilla, ninasibilla@fundeps.org

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

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

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

All against the ILE

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

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

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

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

#ILEYaEsRight

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

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

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

It will be law

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

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

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

More information

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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

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

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

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

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

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

The difficulties of accessing information in Córdoba

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

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

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

More information

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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#25N: Is celebrated? International Day for the Elimination of Violence against Women

As every November 25, this Monday marks the International Day for the Elimination of Violence Against Women. Date that calls us to review and rethink some data and measures taken by the last management.

“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”.

This date and its corresponding march close the “feminist calendar” and like every end of the year it is an opportunity to take stock, in addition to this on the occasion of the early change of government, which invites us to extend the analysis to management four years of President Mauricio Macri.

Thus, for example, at the beginning of the current month the Minister of Security Patricia Bullrich shared in her networks the data on femicides relieved by the portfolio she is in charge of, together with the phrase, in a festive tone like who celebrates an achievement, “We lower the femicides 12.1%! ” This statement, which refers to the amount of femicides of the year 2018 compared to that of 2017 (according to that information, 281 and 292, respectively), in addition to being factually incorrect, is an image of an erroneous perspective on the macho violence that explains largely the action (or lack of action) in gender policy of the outgoing government.

First, the numbers presented by Bullrich differ from those registered by the Women’s Office of the Supreme Court of Justice. According to the latter, the figures are 278 for 2018 and 273 for 2017, so it would be the opposite of the alleged reduction alleged by the minister.

According to Chequeado, the difference between the two statistics would be that in the case of the Ministry “as with other types of crimes, their figures come from police records. That is to say that it is the first post-crime analysis, before the start of the judicial investigation. ” Instead, the Women’s Office relieves information on the legal cases in process. This disparity of data should not be a problem for those corresponding to the current year, since the Supreme Court, the Ministry of Security and the Attorney General’s Office have signed an agreement to unify femicide statistics. However, we will have to wait until 2020 for the report to be published.

Meanwhile, although the official data is not possessed, the work of some feminist organizations that, as part of their militancy and without receiving any compensation, do a thorough monthly survey based on the information obtained in the media Communication. In this regard, the Mumalá National Observatory has registered 226 femicides between January 1 and October 31, 2019, not counting 38 cases under investigation, which means at least one victim every 32 hours. Broken down, this number includes 192 direct femicides, 18 linked and 6 trans / transvestites. Another relevant indicator is that 68% of the murders were perpetrated by either the couple (40%) or the former partner (28%) of the victims. Considering that 18% of them had made prior complaints, the question that arises immediately after reading these data is where the State is and what is the true scope of the policies that it has been implementing regarding gender violence.

A success of the year 2019 was undoubtedly the approval of the Micaela Law, which according to its article 1 stipulates “mandatory training in the subject of gender and violence against women for all people who work in the public service at all levels and hierarchies in the Executive, Legislative and Judicial branches of the Nation ”.

However, if we look more closely at the work of the INAM (National Women’s Institute), a body designated as the authority for the application of that law and in charge of other gender policies, the balance has not been positive. Despite having been ranked in 2017 acquiring the rank of Secretary of State within the Ministry of Social Development, this did not translate into an appropriate budget and in fact this was cut annually.

The gender specialist journalist, Mariana Carbajal, says in her note on Page 12 that, “after the complaint of human rights organizations and women, Congress increased the items assigned to it by the Executive Branch, but those increases did not cover inflation: in 2018 the INAM budget was 15 percent lower in real terms than in 2017 and in 2019, the reduction (also in real terms) compared to last year was 16 percent ”. As logically the budget deficit hinders the execution, it is understandable that, as the note reports, of the 36 shelters for women survivors of gender-based violence that Macri had promised, only 9 have been completed and equipped, of which 8 had begun to be built during the previous government.

All this allows us to affirm that, although during these four years there was some progress, such as the explicit inclusion of gender in the national budget, they were not enough. This is because, fundamentally, it is still necessary for the State to take a stand against this type of violence as a structural problem.

Far from functioning as any crime, the security and punitive approach is inadequate and, despite what Bullrich has said, the figures for femicides have not dropped. Assuming that there had been about ten fewer victims between one year and another, isn’t it alarming that they still exceed 200 annually? Obviously, much remains to be done, not only from the Ministry of Security, but entirely from the entire state apparatus.

Just as gender is transversal and inequality is reproduced in all social spheres (in politics, in the economy, etc.), gender violence is not limited to femicide or physical violence, but, for example, Criminalization of abortion is also a form of violence against pregnant people. In this sense,the latest news regarding the update of the protocol for the Legal Interruption of Pregnancy (ILE) was another attack on sexual and reproductive rights. In turn, it served as a reminder of the unfortunate decision that the government made this year to transform the Ministry of Health into a Secretariat, taking away the margin of decision (in fact, the reason used to justify the cancellation was the lack of consultation of the secretary to his superior). Since we are talking about cabinet portfolios, the promise of President-elect Alberto Fernández to inaugurate the Ministry of Gender Equality is at least hopeful. We also hope that the new administration that will assume this December 10 can redirect strategies against sexist violence to give reins to the profound cultural change that is necessary to really end it.

Of course, the claim to the State for answers is not a simple wait with crossed arms: the feminist movement remains active in the streets and the slogan Ni Una menos remains more current than ever, because beyond the number of victims of femicide and of the percentages in which they vary, as long as there is at least one dead there will be nothing to celebrate.

Author

Mariana Barrios Glanzmann
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
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Reverse the update of the ILE protocol

The National Government published this morning a decree that canceled Resolution No. 3158/2019, which approved an update of the National Protocol for the comprehensive care of people entitled to legal termination of pregnancy.

“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 Ministry of Health of the Nation had approved by resolution, published in the Official Gazette last Wednesday morning, the third update of the guide that contains the guidelines and standards of care for cases of abortions allowed by law. The first protocol of these characteristics was prepared in 2007, and updated in 2010 and 2015, where the provisions made by the Supreme Court were incorporated in the FAL ruling of 2012.

On this occasion, the update had been carried out in the light of the new Civil and Commercial Code, which was sanctioned in 2015, particularly with regard to minors and persons with disabilities. These axes had already been included in an explanatory note, in September 2016, but the 2019 update incorporated them into the text. In addition, it contained the latest recommendations regarding medical procedures recommended by the World Health Organization. The most important thing is that, when approved by resolution, the protocol was granted a superior legal and regulatory entity, which would have allowed the actions for its implementation to be reinforced.

Round and round

Several hours after its publication, in the afternoon, various media reported that President Mauricio Macri ordered that the resolution be annulled and that the Secretary of the Government of Health, Adolfo Rubinstein, be asked to resign.

Although in the morning there was no official decision, during the afternoon of Thursday the rumors were confirmed after a Cabinet Meeting, where Carolina Stanley, Minister of Health and Social Development, said that: “The protocol is going to be repealed because it was an unqualified decision of the Secretary of Health ”.

The decision was finalized with the publication this morning of Decree 785/2019, through which the resolution is repealed. Among the reasons stated, the Government argues that the Secretary’s decision was inconsistent with his superiors and other agencies that would have competence in the matter and that, therefore, should have intervened, such as the National Secretariat for Children, Adolescents and Family (SENAF), the Federal Council for Children, Adolescents and Family, the National Disability Agency, the National Women’s Institute (INAM) and the Ministry of Justice and Human Rights.

A meaningless decree

It is noteworthy that the cancellation of the resolution is based on these reasons, when none of the previous protocols (of 2007, 2010, 2015 and explanatory note of 2016) foresaw or required interventions by these organizations.

It is even more surprising that, as an argument, the impact of the protocol on the rights of girls and adolescents is emphasized, when this update, now frustrated, was adequate to the obligations of the Argentine State to be part of the Convention of the Children’s rights. In fact, in the last concluding observations of the Committee on the Rights of the Child addressed to Argentina, which were announced on June 1, 2018, the State was recommended to “guarantee adolescents’ access to abortion services without risk and post-abortion care, making sure that the opinion of the interested party is always heard and duly taken into account in the decision process”. This is precisely what the protocol update provided for, by adapting the guidelines on the consent of girls and adolescents to the provisions of the Civil and Commercial Code, based on the principles of progressive capacity and best interests of the child.

The reference to the lack of intervention of the National Women’s Institute, the governing body on issues related to violence against women, is also curious. The provisions of the Committee on the Elimination of Discrimination against Women (CEDAW) cannot be ignored because of its primary function of safeguarding the human rights of women in the States parties to the Convention, such as It is the case of Argentina. In the last Concluding Observations towards Argentina, of the year 2016, the CEDAW Committee expressed its concern about the stagnation of the maternal mortality rate, due, among other things, to abortions performed at risk; the limited access to legal abortion, in contravention of the legislation and the decision adopted by the Supreme Court of Justice in 2012; the frequent refusal of doctors to perform an abortion for reasons of conscience; and cases of prosecution against women who have undergone abortions. Therefore, he urged the State to initiate accountability procedures for non-punishable abortion, and to ensure that women have access to legal and safe abortion services. The update of the protocol was clearly in this regard, because it was an advance for access to the service, and reinforced the importance of rapid access to comprehensive care and practice, emphasizing first level care and medication treatments.

What makes no sense is the reference to the draft reform of the Criminal Code, and consequent relevance of the Ministry of Justice and Human Rights in this matter. What the protocol regulates is a health practice. Although the right to legal termination of pregnancy comes, among other rules, from the interpretation made by the Supreme Court in the FAL ruling of Art. 86 of the Criminal Code that is in force in our country since 1921, a supposed reform of that rule It should not prevent the standards of attention on that right from being improved, which is also an acquired right. Moreover, taking into account that the draft reform of this Code is extremely regressive in its regulation of abortion.

ILE is already right

The repeal of the resolution that updated the protocol is unfortunate. The update constituted a breakthrough in the recognition of the human rights of women and pregnant people, in respect to human rights treaties, the principle of progressivity and non-regressivity, and the adaptation to the provisions of the Supreme Court of Justice of the Nation through the FAL ruling

However, the right to legal termination of pregnancy is not repealed, and is given by law: Article 86 of the Criminal Code, as interpreted by the Supreme Court in 2012.

Health teams should continue to apply the 2015 technical guide, with the explanatory note that was added in 2016. The decree only repeals the update, so the previous protocol remains in force.

It is imperative that state officials assume a serious commitment to our rights. The legal interruption of pregnancy is a fundamental human right, and political will is needed to guarantee its access in the best conditions.

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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Organizations ask to update the Cordoba access to information law

Organizations of Córdoba and from different parts of the country, we request through a document, the update of the provincial law of access to public information, according to international standards and the national law passed in 2016.

“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”.

Córdoba has a law called “Law on Access to Knowledge to State Acts” of 1999, which does not include the minimum standards for the effective validity of the right to access public information. Within this framework, organizations we request the updating of the regulations, following the guidelines of the Inter-American Model Law and the National Law on Access to Public Information.

Among its shortcomings, the current provincial law does not establish which are the key principles by which the right of access to public information is governed, it defines in a very restrictive way “public information” and the “obliged subjects” to provide information. For example, it does not include entities that receive public funds, such as political parties or unions, or state contractors to provide a public service.

In turn, the regulations do not have an entity responsible for compliance with the law or establish what information should be proactively published by the State, thereby strengthening democracy and citizen participation.

Request public information in Córdoba

Throughout 2019, from Fundeps we presented a total of 62 requests for public information to various provincial and municipal public agencies, of which we obtained only 3 satisfactory answers. Of those 62 requests, 54 were unanswered and, of the remaining 5, we obtained “answers” ​​of the most diverse, in some cases unclear or incomplete, and in other unusual responses such as “we will not respond”. These requests for information contemplated different themes related to other human rights, such as health, the environment, development, among others.

This makes it imperative to provide mechanisms for monitoring and compliance with the law, through an independent entity. Thus, all claims could be centralized in the event of non-compliance, establish clear guidelines for action to those who must provide information and raise awareness of issues of transparency, accountability and access to information.

We need Córdoba to enact a new law on access to public information that guarantees the effective validity of the right to access public information, key to both strengthening the democratic system, the transparency of public management and the effective enforcement of other rights.

Requesting organizations

Fundeps Argentina, CLADH – Centro Latinoamericano de Derechos Humanos, Fundación Conocimiento Abierto, Fundación Córdoba de Todos, Desarrollo Digital, Directorio Legislativo, Foro Ambiental Córdoba, Minka, Nuestra Mendoza, PARES, Poder Ciudadano, Salta Transparente, ACIJ – Asociación Civil por la Igualdad y la Justicia y Acción Colectiva.

More information

CÓRDOBA, a proposal to UPDATE THE LAW OF ACCESS TO PUBLIC INFORMATION

Contact

Nina Sibilla, ninasibilla@fundeps.org
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Update of the national protocol for the Legal Interruption of Pregnancy

An update of the National Protocol for the comprehensive care of people entitled to legal termination of pregnancy was published yesterday in the Official Gazette.

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

The Ministry of Health of the Nation approved by Resolution N ° 3158/2019 the third update of the guide that contains the guidelines and standards of care for cases of abortions allowed by law. The first protocol was prepared in 2007, and was updated in 2010 and 2015, where it incorporated the provisions made by the Supreme Court in the FAL ruling of 2012.

On this occasion, the update was carried out in the light of the new Civil and Commercial Code, which was sanctioned in 2015, particularly with regard to minors and persons with disabilities. In addition, it contains the latest recommendations regarding medical procedures recommended by the World Health Organization.

Main topics

The Protocol aims to “guarantee the dignity and rights of every person capable of gestating and, therefore, potential subject to the right to ILE, when his life or health is in danger, or is taking a pregnancy as a result of a violation, regardless of whether he is a person with or without a disability. ”

It is based on the principle of autonomy of people, so it requires informed consent from those who require access to practice. On consent, the new protocol introduces some new features:

Children and adolescents:

  • “All girls, that is, under 13 years of age, may give their consent with the accompaniment of their parents, legal representatives, people who formally or informally exercise care roles,“ close friends ”or affective referents. These must participate jointly with the girl in the decision-making process and must sign confirming the girl’s informed consent. The principle of progressive autonomy should guide the actions of the health team and the accompanying adults. If there is an unjustified refusal of their parents, guardians or in charge of accompanying the decision of the girl, the conflict between both parties must be resolved from the health team taking into account the best interest of the girl and her ability to decide based on development of its progressive autonomy. The integral health assessment should consider the increased risks associated with pregnancies at these ages and the possible consequences of carrying out the practice or not. ”
  • Teenagers from 13 to 16 years old can consent autonomously, that is, without the consent of their parents being necessary. Only in cases where a procedure involving an act considered to be invasive (which may endanger your health or your life) should be used, will the consent of your parents, legal representatives, people who formally or informally exercise care roles be necessary, “close” people or affective referents. This assent implies the accompaniment of the decision of the right holder, that is, the adolescent.
  • “All persons 16 years of age or older are considered by Argentine law as adults in relation to the care of their own body. Therefore, they can give themselves informed consent and personally make and sign the affidavit required for the termination of a pregnancy resulting from a rape (if applicable) without requiring the consent of their parents or legal representatives. “

In addition, the protocol foresees the application of the principles of progressive autonomy (it is the development in time of the capacity for decision-making. This principle must be taken into account to encourage the participation of girls and boys in decision-making ) and of the best interest of girls, boys and adolescents (it is the maximum satisfaction, integral and simultaneous of their rights and guarantees).

In the cases of children and adolescents victims of rape, the protocol clarifies that justice should only intervene to protect them from the situation and for the punishment of those who committed the abuse, but this situation should not constitute an obstacle for them to access to practice It is not a requirement that justice be consulted or a judicial authorization is requested for the interruption, since it is a responsibility of the health teams and is made at the request of the patient.

  • Persons with disabilities: the protocol provides for the informed consent of persons with disabilities, clarifying that they have the same right as persons without disabilities to access the practice. To do this, it indicates that a support system can be requested to facilitate decision making. It also indicates that in cases where there is a current judicial sentence of capacity restriction, the terms of the same should be asked, since it may contain the designation of support systems for health decisions.

The situation in the provinces

The FAL ruling, in 2012, urged the national State and the provincial states to provide the necessary conditions to carry out the legal interruptions of pregnancies in a fast, accessible and safe way. In this regard, it required that they develop hospital protocols “for the specific care of abortions not punishable in order to remove all administrative or factual barriers to access to medical services.”

Mapa de Adhesión al Protocolo de Aborto No Punible en la Argentina

Currently, there are 6 jurisdictions that dictated their own protocols: Chubut, Autonomous City of Buenos Aires, Neuquén, Río Negro, Buenos Aires and Córdoba. In the latter province, however, it was suspended by a legal action filed by the Portal de Belén organization to prevent its application. Fortunately, the lawsuit ended this year, resolving the dispute over its constitutionality and its validity.

The provinces that adhered to the National Protocol are 11: Jujuy, La Rioja, La Pampa, Misiones, Salta, Santa Cruz, Santa Fe, Tierra del Fuego, Entre Ríos, Chaco and San Luis. Your membership is still valid, even after the update.

Unfortunately, there are still 7 provinces that do not have their own regulations or adhere to the Nation’s protocol, and these are Santiago del Estero, Tucumán, Corrientes, Mendoza, San Juan, Formosa and Catamarca.

In this context, it is clear that the right of women, girls, adolescents and any person with the ability to gestate to access the legal interruption of pregnancy (ILE) in the cases provided by law is still very difficult and still faces numerous obstacles .

In addition to the effective implementation of this updated protocol, throughout the national territory, it is necessary to continue advancing in the recognition of rights, towards the decriminalization of abortion and the legalization of voluntary termination of pregnancy.

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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Congress passed the Minimum Budget Law on Climate Change

Yesterday, in the framework of its last annual session, the Chamber of Deputies of the National Congress sanctioned the law of Minimum Budgets of adaptation and mitigation to Global Climate Change.

“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 project promoted by Fernando «Pino» Solanas has the character of a minimum budget law, dictated within the framework of the powers that attend the National Congress under Art. 41 of the National Constitution. This implies that it must be applied throughout the territory of the Republic, including by Provincial and Municipal States. The regulation adds to the set of instruments of international law that regulate the phenomenon of climate change, that is, the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement, all ratified by the Argentine State .

Throughout its six chapters, the law includes, in broad strokes, general provisions, objectives, definitions and principles that guide public instruments and policies aimed at adapting and mitigating the effects of climate change. In turn, in chapter II, he creates the so-called “National Climate Change Cabinet” and an interdisciplinary Advisory Council. In chapter III, it demarcates the guidelines for the formulation of the “National Plan for Climate Change Adaptation and Mitigation” and the National Climate Change Information System. Then delineates measures and minimum actions of adaptation and mitigation, providing in its final part institutes linked to citizen participation and the right of access to information.

The brand new regulation establishes in large part of its articulated guidelines and objectives aimed at orienting public policies, while at the same time establishing norms of practical scope. Among some of them we can highlight:

  • Principle of common but differentiated responsibilities: it implies the historical recognition of the unequal responsibility for the damages of global warming that should guide decisions regarding priorities, technology transfer and funds.
  • Transversality of climate change in State policies: it implies that in all public and private actions, the impact of actions, measures, programs and ventures on climate change must be considered.
  • Priority: principle according to which any adaptation and mitigation policy must prioritize the needs of the social groups most vulnerable to climate change.
  • Citizen participation in the formulation of climate change response plans (adaptation and mitigation measures).
  • Development of guidelines for incorporating into the processes of Environmental Impact Assessment considerations related to the impact of climate change.
  • Climate change adaptation measures to be adopted by the National Climate Change Adaptation and Mitigation Plan, considering the impacts of the phenomenon on human health, in the energy matrix, with sensitivity in the areas most vulnerable to soil desertification processes, of populations located in more vulnerable areas, tending towards food sovereignty; contemplating the impact on glacier and periglacial environments and seeking the management of water heritage; at the same time it will tend to the planning of the territorial planning contemplating an environmentally sustainable land use.
  • Mitigation measures to be adopted by the National Plan for Climate Change Adaptation and Mitigation, which promote the reduction and elimination of emissions, the use of renewable energies, energy self-sufficiency, the distributed generation of electrical energy, appropriate mitigation practices in the sector agro-livestock; the revision of urban planning and building standards.
  • Promotion by each jurisdiction (provincial and municipal) of the processes of participation among stakeholders, in the definition of adaptation and mitigation actions.
  • Access to environmental information on climate change.
  • Interjurisdictional coordination through the Federal Environment Council for the implementation of actions and measures for the application of the law.

Undoubtedly, the law constitutes, in some way, fulfilling the obligation that weighs on the States to provide a regulatory legal framework to the phenomenon of climate change. However, as it was argued, the great majority of the articles have an orientation dye, formulated around political guidelines. Contrary to what is established in the vast majority of minimum budget laws in force in our country, the newly sanctioned legislation does not have a substantial regulation regarding the rights of communities linked to effective ways to demand the prevention, mitigation, repair of damages caused due to the effects of climate change, as well as regulations related to access to «climate» justice, procedural rights in particular, updating of environmental management instruments, all circumstances that could have been contemplated in order to respond to those human rights that today are affected by the effects of climate change. A laudable advance, but certainly not enough.

Author

Juan Bautista Lopez. juanbautistalopez@fundeps.org.ar

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We participate in an event on Business, Sustainability and Human Rights

Last Monday, November 11, we presented on the subject of Empresas B in the Business, Sustainability and Human Rights Standards event organized by the Business School and the Faculty of Law and Social Sciences of the Catholic University of Córdoba.

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

Invited by the School of Business and the Faculty of Law and Social Sciences of the UCC, on November 11 we participated as exhibitors in the Conference “Business, Sustainability and Human Rights Standards”, which brought together academics, officials and representatives of the Civil society of Córdoba and Argentina that address the Human Rights and Business Agenda in their activities.

The event was held within the framework of the Fifth Session of the UN on the binding treaty on human rights and companies, held in Geneva in October. The topics addressed included the standards on business and human rights, the progress that has been made in the draft of the draft treaty on the subject, reparations in the framework of human rights violations, among others

In the second panel, the exponents advocate the themes of the principle of access to sustainable consumption, Companies B and sustainable development, and, finally, the way in which sustainability can increase the profitability of companies.

Fudeps was in charge of the exhibition on Companies B and sustainable development. Our exhibition addressed this new business phenomenon, the benefits of being part of this type of companies and the irregularities that some companies present. Specifically, the Porta case was mentioned, and who or who are responsible for ensuring that B-certified companies fulfill their responsibilities of generating positive social and environmental impacts.

More information

Contact

Sofía Brocanelli, sofiabrocanelli@fundeps.org