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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

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Pride is political. A review of the 11th March of dissident pride

On Saturday, November 9, the 11th March of the Dissenting Pride was held in the city of Córdoba, which was lived as a party but also as a space for struggle, for vindication and for denunciation.

“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”.

From emotional content to what advertising doesn’t show

The 11th March of the Dissenting Pride, the most massive to date, sought to show that, under the glitter, colors and music, there is a history of struggles and denunciations that are far from being what some speeches show us as a (maybe desirable) reality.
The violence of genders that affect the LGBTTTIQ + community is almost impossible to imagine for those who live and conceive of reality from the cisheteronorma. Camila Sosa Villada, renowned playwright, actress, writer and trans activist, tells how her childhood was one of the saddest stages of her life:

“It was very hard, they chased me with stones. (…) I was walking down the street and people spit on me. They wouldn’t let me in the places, I couldn’t go to work at my classmates’ homes because their parents wouldn’t let me in. I could not go to the alumni party because the parents had decided that if I was dressed as a woman I could not enter the party. That is the story of trans people right now in Argentina. Not being able to go out during the day, not being able to go to the river, going to sit in a square, not being able to go to the supermarket … ”

These violence have its highest point in hate crimes by sexual orientation, identity and / or gender expression that, by 2018, reached 147, and 68 by the first half of 2019, in Argentina. Most of these crimes affect younger people (between 30 and 39 years old), which coincides with the average life expectancy of trans people who have a minimum of 35.5 and a maximum of 41.25 years , while for cis people in Latin America it is 75 years.

The day and the street as a territory of dispute: the claims

Again, as for 11 years, pride took to the streets. Like the carnivals that enable “out” the repressed, denied, the invisible by monstrous and dissident. They do it in broad daylight, showing everything.
Here, evidencing that the private is political and public, the motto of the March is raised: “We are driven by urgency to dissent, we win the streets until pride expires,” and the following claims were raised:

  • Labor, health, educational and social security inclusion law for women, men, non-binaries, transvestites and transgender.
    Labor rights for sex workers.
  • New adoption law.
  • Effective implementation of Comprehensive Sex Education, so that there are free and happy childhoods.
  • New law on HIV, viral hepatitis, STIs and denouncing the lack of medications for the HIV-positive community.
  • End the institutional violence towards the tortillero collective, claiming the acquittal of Higui and Marian Gomez.
  • Finally, it was demanded by legal, safe and free abortion for all persons capable of gestating and the separation of the Church and the State.

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FLYER OFICIAL 11’ MARCHA DEL ORGULLO DISIDENTE CBA????️‍???????? . . “A la disidencia la atraviesa la emergencia, ganemos las calles hasta que el orgullo venza” . . . El sábado 9 de Noviembre se llevará a cabo la 11° Marcha del Orgullo Disidente por las calles de la Ciudad de Córdoba. Desde las 16 hs. nos encontramos en la “Plaza de los presidentes Argentinos Cordobeses” (las cuatro plazas), ubicada en Gral. Paz y La Tablada, para comenzar a marchar a las 18hs hasta el Buen pastor, finalizando con un festival disidente. . . Exigimos: . . – Ley de inclusión laboral, sanitaria, educativa y de seguridad social para mujeres, varones y no binaries trans y travestis – Por infancias libres y felices, implementación real de la ESI. Por una nueva ley de adopción. – Por una nueva ley de VIH, hepatitis virales, ITSs. Basta de faltantes de medicamentos para la comunidad seropositiva. – Terminemos con la violencia institucional hacia el colectivo tortillero. Absolución para Higui y Marian Gómez. – Aborto Legal, Seguro y Gratuito para todas las personas gestantes. Separación iglesia y Estado. – Derechos laborales para les trabajadores sexuales. . . Mesa coordinadora de la Marcha del Orgullo Disidente????️‍????

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Pride and fight

This year’s march was the most summoning since its inception, 11 years ago. And it was lived as a great party, with the axis set to express ourselves freely in the streets and in the light of day, as we are. But it is very difficult to be happy in a context not only of lack of recognition of rights, but of systematic violence and harassment. Without going any further, the recent attack by Monsignor Aguer towards the identities, orientations and expressions of sexual diversity, which he describes as perverse, unnatural and impure, realizes how much we need to continue fighting.

Pride is not just glitter. It goes hand in hand with the courage of those who, through their own existence, resist and fight.

“In a world of worms, you have to have a lot of courage to be butterflies,” said Lohana Berkins.

… and it is that courage that was seen in this march.

Authors

Cecilia Bustos Moreschi, Mayca Balaguer y Mila Francovich

Contact

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

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Alta Gracia: they denounce spraying near homes

After observing the presence of machines fumigating in fields near their homes, residents of the Tajamar Reserve District filed a complaint with the Judicial Unit of Alta Gracia.

2Below, 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 the occasion of repeated fumigation episodes at a short distance from their homes, residents of the Tajamar Reserve District of the city of Alta Gracia, contacted Fundeps through our website “Agrochemical Emergency”. Concerned about the situation, after accessing information about the routes of action, they decided to file a criminal complaint with the Judicial Unit of the same city.

Thus, on October 28 they denounced that in repeated opportunities, at night hours and at a very short distance from homes, they were able to observe the presence of machines performing fumigation work. They also said that these fields are located a few hundred meters from their homes and that they have corn plantations. According to the complainants, there would be 60 families that would be affected by the spraying.

Based on the aforementioned complaint, a summary action was initiated, which was originally labeled as “Crime against Public Security.” The facts were communicated to the Prosecutor of Instruction of multiple competence of the city of Alta Gracia, in order to initiate the corresponding criminal investigation.

It should be remembered that this type of behavior – illegal spraying – is subject to sanction from Art. 55 and 56 of the hazardous waste law 24.051, which represses those using hazardous waste – please agrochemicals – poison, adulterate with imprisonment or contaminate in a manner dangerous to health, soil, water, atmosphere or the environment in general.

Author

Augusto Lopez

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

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Gender in the classroom and in academic discussions

On October 17 and 28 we participated in two different meetings organized by the Faculty of Communication Sciences of the National University of Córdoba (FCC), in order to present our research on gender, journalism and advertising.

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”.

During the month of October, we participated in two meetings with professionals, teachers and students of the FCC, where we discussed communication and advertising from a gender perspective.

The first one was held on October 17, within the framework of the Annual Cycle of Encounters and Debates, conducted by the Chair of Television Programming Policies of the Faculty of Communication Sciences. There we present the results of our research “Media organizations and gender”. The Cycle was based on an initiative created by the teaching staff integrated by Ulises Oliva and Sofía Moroz, with the interest of bringing the problems that cross the various spaces linked to communication from a critical perspective into the classroom.

The day was held in a classroom full of participatory students and teachers and aware of the need to promote up-to-date training and attentive to the social, political and cultural transformations and demands of the moment.

Those who participated in the space, did not skimp on gestures of amazement at the figures of gender inequalities in the journalism industry. The surprise revealed not only the importance of research on communication and gender, but also the need for its dissemination among those who are (and will be) part of this industry.

We understand that this meeting means a great step towards incorporating the gender perspective in the curricular contents. Something that probably is not yet reflected in the formal programs of the subjects, but that, little by little, begins to be seen as part of the real curriculums.

The second space of which we participated was the Institute of Institutional Communication that opened the doors to the debate on advertising messages in the meeting on “Communication, advertising and gender perspective“, held on October 28.

In this instance, we present some of the lines of research addressed in the “Advertising Sector and Gender” report, emphasizing our contribution to the analysis of the advertising industry: the gender composition of advertising agencies, both labor structures, and their policies of genre.

We were sharing the space with Manuel Bomheker, who presented some methodological tools so that those who are dedicated to communication can incorporate the gender perspective in their productions. Also present was Elisa Robledo, who contributed to the critical analysis of advertising pieces, showing the evolution of advertising messages and suggesting new routes for more inclusive and diverse advertising, from a gender perspective.

This time, the discussion took place between communication and advertising professionals, who day by day rehearse strategies to produce more democratic contents that enable the construction of meanings from the diversity of identities.

Through these activities, the University acquires a leading role in the transformation of communication since it enables the deconstruction of discourses and senses from the critical approach paid by feminisms. Therefore, we celebrate the generation of these spaces for discussion and capacity building for those who are dedicated and dedicated to the production of media and advertising content.

Contact

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

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Fifth session of the UN on the binding treaty of Companies and Human Rights.

The fifth session of the Intergovernmental Working Group was held in Geneva. In the negotiations on the revised draft of the binding Treaty on transnational corporations and their responsibility towards Human Rights, the official delegations of the UN member states, civil society and social movements and organizations participated.

“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”.

From October 14 to 18, the fifth session of the Intergovernmental Working Group on the revised draft of the binding treaty of transnational corporations regarding human rights (HR) was held in Geneva.

Of the sessions, not only the representatives of the Member States, but also civil society organizations (CSOs) and social movements participated. During the sessions, the Brazilian delegation, along with other delegations, raised the need for negotiations to be direct between States and without civil society; This was rejected not only by CSOs, but also by delegations from other States who highlighted the important role that CSOs have played during these 4 years of negotiations with their contributions to the binding treaty. The need for organizations to participate in the process to ensure that human rights in communities affected by transnational corporations are respected and remedied was also highlighted.

As a point in favor, the progress of the process in comparison with the first draft of the treaty (draft zero) was highlighted. However, many questions remain to be addressed since the new legal instrument would not be guaranteeing justice for communities affected by transnational corporations and, in addition, there are terms that continue to be too ambiguous and will lend themselves to the free interpretation of transnational corporations in disrepair. of the protection of human rights.

At the end of the week of negotiations in the framework of the fifth session, the sixth session was approved with a new version of the revised treaty for the year 2020. It is relevant to emphasize the need for the treaty to contemplate the victims and those affected by the Human rights violations caused by transnational corporations.

More information

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Organizations and specialists call a “Social Anti-Corruption Agreement”

From Fundeps we adhere to the initiative of a group of civil society organizations and specialists in the pursuit of public policies that prevent and punish corruption with a focus on 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”.

A diverse group of specialists and civil society organizations developed a “Social Anti-Corruption Agreement”, a document in which they identify a set of public policy proposals that Argentina should implement to ensure state capacities in prevention, detection and sanction of the corruption.

The document is available at  www.acuerdoanticorrupcion.org y se encuentra abierto a adhesiones desde el miércoles 16 de octubre del 2019.

The Agreement sets the stage for a public debate focused on the impact of corruption on inequality, human rights and the quality of democracy. The reforms that are promoted are aimed at the different powers of the State.

The group that drives this initiative is made up of Roberto Carlés​, Manuel Garrido​, Ricardo Gil Lavedra​, Natalia Volosin​, ACIJ​, Acción Colectiva​, CIPCE​, Directorio Legislativo​, Poder Ciudadano​, Cambio Democrático​, CLADH, Democracia en Red​, Nuestra Mendoza y Salta Transparente​.

The document contains a total of 74 proposals, which are part of 16 thematic axes, presented in the following 6 sections: “A new national integrity system”; “Investigation and sanction of public and private corruption”; “Prevention of corruption in typically critical situations”; “Transparency policies”; “Institutional strengthening”; and “Citizen Participation.”

Among the thematic axes that are proposed are the reform in the field of public ethics, a new system of purchases and contracting of the State, procedural improvements for the prosecution of corruption, transparency policies in the financing of the policy, improvements in the mechanisms and control bodies, transparency in markets and financial flows, as well as the opening of instances of citizen participation in the fight against corruption.

Argentine institutions suffer from structural deficiencies, the product of which corruption affects the full validity of human rights, mainly in the most vulnerable sectors. This phenomenon, in which both the State and the private sector occupy a central role, impacts the quality and availability of public goods and services and undermines confidence in the institutions of democracy.

In order for these public policy proposals to be effective, the authorities must promote their implementation through the full participation of citizens, in a transparent manner and through a constant process of accountability. For this, it is essential to establish indicators that allow to know the evolution of these policies and their effective impact in the fight against corruption.

Accordingly, the Anti-Corruption Social Agreement is a call to all the actors of Argentine social life, and particularly to the parties, political referents and authorities of all the powers of the State, to adhere to this document and use it as a trigger for new debates, in order to generate the structural and long-term consensus that we need to reach for the construction of a country with less corruption and, in particular, more just and equal.

From Fundeps we gave our support, add your membership.

Contact:

Nina Sibilla, ninasibilla@fundeps.org