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We present a report to the IACHR on the rights of the elderly

In the framework of the public consultation carried out by the Unit on the Rights of Older Persons of the IACHR, Fundeps, together with other civil society organizations, presented a report on national systems for the protection of the rights of older persons at the beginning of this year. the elderly in America.

“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 its 2017-2021 Strategic Plan, the Inter-American Commission on Human Rights prioritized the theme of the elderly. To that end, it considered it necessary to identify synergies to advance in the construction of inter-American standards in this area, as well as the development of new working mechanisms, especially to promote the ratification and implementation of the Inter-American Convention on the Protection of Human Rights. Humans of the Elderly and make visible the situation of this population group.

For this reason, in order to prepare a regional report on the rights of older persons, he called for sending information from the member states of the Organization of American States on national systems for the protection of the rights of older persons. America.

The report was presented by Fundeps, the Inter-American Heart Foundation Argentina (FIC Argentina), the Commission specializing in the Rights of Older Adults of the Bar Association of the Province of Córdoba, the Center for Research in the Law of Old Age -National University of Rosario -, the Permanent Seminar on Research on the Law of Old Age -University of Buenos Aires-, the Research Institute on the Law of Elderly and Disability -Universidad Nacional del Centro de la Provincia de Buenos Aires and the Master’s program in Law de la Vejez -Universidad Nacional de Córdoba.

It made explicit the norms and programs that recognize or develop the rights of the elderly in Argentina, making special mention of the Province of Córdoba. Some of the obstacles and challenges for the protection of the rights of the elderly were highlighted, such as: the absence of intersectoral and articulated policies for the promotion of physical activity, the absence of human rights perspective in the regulations of the residences of long stay, the lack of publicity of the residences of long stay enabled.

Likewise, the report included the identification of the institutions and competency frameworks in the promotion of physical activity for the elderly and long-stay residences and the survey of a good practice at the local level -Córdoba- as is the development of the action research project on access to justice for vulnerable sectors – Project AJuV-, carried out through the Office of Human Rights and Justice of the Judicial Branch of Córdoba, from which contextual action strategies are developed to guarantee the effective access to justice for the elderly.

Finally, emphasis was placed on the absence of mechanisms for data collection and analysis of information regarding older persons and the need to have indicators to measure the results of the (few) public policies implemented, in order to monitor and assess progress and challenges.

In this way, the report gives an account – partially – of the situation of the rights of older persons in Argentina, revealing the regulatory insufficiency in an integral manner and the situation of vulnerability to which the elderly are exposed in the country, making it essential to have public policies with a focus on prioritization and inclusion in order to avoid non-compliance with international standards assumed by the Argentine State.

More information

Author

Laura Alesso

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

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Healthy school environments: a key policy in the fight against childhood overweight and obesity

The Ministry of Health of the Nation published a document that condenses a series of recommendations for the implementation of policies to prevent overweight and obesity in children and adolescents (NNyA) in educational institutions. It is extremely necessary that these recommendations become effective public policies.

“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 Thursday, March 21, at the Secretary of Government of Health, the presentation of the Document of Standards of Healthy School Environments was carried out.

Overweight and obesity worldwide make up a serious public health problem that has acquired pandemic characteristics, which currently shows a worrying upward curve in children and adolescents. In our country, according to a recent report published by the Secretary of Government of Health in collaboration with UNICEF, overweight and obesity in NNyA represents the most prevalent form of malnutrition.

Currently, many children and adolescents grow and develop in “obesogenic environments”, that is, environments that encourage the excessive consumption of kilocalories and critical nutrients such as sugars, fats and sodium; In addition to offering multiple barriers to the development of physical activity and encourage sedentary behavior. Thus, the lack of regulation that promotes healthier environments has favored the growth of overweight and obesity in recent decades.

The objective of the document published by the country’s highest health authority is to establish standards that guide the process of enacting laws and implementing effective programs aimed at transforming current “obesogenic school environments” into “healthy school environments.” Given that the educational institution is a privileged scenario to promote health and the development of a healthy diet and lifestyle, it is considered essential to promote healthy school environments through comprehensive regulation that defends the rights of children, girls and adolescents and that it provides them with substantial protection.

Specifically, the Ministry of Health recommends the development of school environment regulations that revolve around two main areas: healthy eating and physically active school.

For the promotion of a healthy diet in school, school canteens must comply with the established nutritional criteria and with the standards of preparation and food service. Therefore, it is of the utmost importance that the cooks and kitchen assistants are constantly trained in topics related to the tasks they perform.

In addition, it is essential that the school implements a Food and Nutrition Education (EAN) strategy, and that it promotes healthy eating habits in the dining rooms. Likewise, a school infrastructure must be guaranteed that facilitates access to a healthy diet and, essentially, to safe water. In regard to healthy eating, it is also essential to regulate the sale of food and beverages within educational establishments -of all levels and modalities- and, to that end, ensure that the school is a space free of advertising, promotion and sponsorship of food and drink.

Likewise, and given that the school institution is the most important institutional actor in the promotion of physical activity in childhood and adolescence, the aforementioned organism considers that the school should facilitate access to the practice of physical activity, both in the formal and not formal, and install healthy and active habits, incorporating these topics in teacher training, ensuring accessibility and security in the spaces, with a view of inclusion.

We consider that the technical recommendations of the Ministry of Health for the design of healthy school environment policies are adequate to protect the right to health of children and adolescents. Guaranteeing healthy school environments constitutes an obligation assumed by the State and an opportunity to articulate with social and academic actors. The effective implementation of this policy is an objective that can only be achieved through an intersectoral articulation of different government actors (such as the Health, Education, and Social Development sectors, among others) and through a continuous process that guarantees the sustainability in the implementation and monitoring of measures.

More information

Sobrepeso y obesidad en niños, niñas y adolescentes según datos del primer nivel de atención en la Argentina (2018), Secretaría de Gobierno de Salud. 

GUIA DE ENTORNOS ESCOLARES SALUDABLES. Recomendaciones para la implementación de políticas de prevención de sobrepeso y obesidad en niños, niñas y adolescentes en las instituciones educativas. (2019)

Author

Lucía Pereyra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Climate change and human rights: request for a thematic hearing before the IACHR

Together with organizations with a history in the defense of human rights and the environment of Latin America and the Caribbean, we request a thematic hearing before the IACHR regarding the violation of human rights in the context of climate change in the region. In Cordoba, the cycles of floods and droughts are aggravated by the lack of planning and coordination of policies that take into account the effects of 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”.

On March 5 different organizations from Latin America and the Caribbean, including FUNDEPS, sent a request to the Executive Secretary of the Inter-American Commission on Human Rights (IACHR), Dr. Paulo Abrão, to hold a thematic hearing, general and regional scope, on the impacts of climate change and its impact on the enjoyment of human rights in Latin America and the Caribbean.

The thematic hearings are spaces that are granted to civil society to deal with matters of interest in the region. The petitioners can make recommendations to the IACHR so that the latter may then develop them. Although the recommendations made by the IACHR are not binding, they are usually used and taken into account by judges and authorities when deciding a specific matter; for this reason they acquire so much relevance.

The hearing was petitioned jointly with various civil organizations from several countries in the region such as the Mexican Center for Environmental Law – CEMDA – (Mexico), the Honduran Alliance against Climate Change, Due Process of Law Foundation – DPLF – (Regional ), the Inter-American Association for the Defense of the Environment -AIDA- (Regional), EarthRights International (International), the Pachamama Foundation (Ecuador), the Center for Law, Justice and Society Studies – Dejusticia- (Colombia), lFiscalía del Medio Environment – FIMA – (Chile), Center for Legal and Social Studies – CELS – (Argentina), CONECTAS (Brazil), Engajamundo (Brazil) and the Legal Defense Institute – IDL – (Peru). They have a great track record for the work they do in the region, specifically in relation to the defense of human rights and the environment. Through this request, we seek to share and combat our concern about the negative effects that climate change is already inflicting on the present and its projection in the future.

The main purpose of the thematic hearing is to transmit to the IACHR, relevant and up-to-date information regarding the role played by climate change and the measures designed to combat it, in the enjoyment of the human rights recognized by the countries of Latin America and the Caribbean.

Implications of climate change in the region

The effects of climate change are deployed throughout the world, overwhelmingly breaking social and ecological systems, generating a detriment in the enjoyment of a range of internationally recognized human rights such as the rights to life, physical health and mental, to food, water and sanitation, to adequate housing, to self-determination, among others. Added to this, it provokes a deepening of the pre-existing socio-economic vulnerabilities and differences in historically disadvantaged countries and groups.

Specifically in the case of the Americas and the Caribbean, this becomes more evident when there are currently several million people living in the path of hurricanes and low-lying coastal areas, which makes them victims of sea level rise. , storm surges and coastal floods. Even more so considering that several countries have a large proportion of their urban population living in areas less than five meters above sea level. As temperatures continue to rise, so does the risk of vector-borne diseases, such as malaria and dengue, aggravated by poor water and housing conditions, thus affecting the right to health of the population.

In addition, the rural poor in general, and indigenous groups, in particular, are especially vulnerable to climate change due to their dependence on small-scale agriculture and natural resources. Additionally, climate change differentially impacts more women. Indeed, the analysis of population censuses of natural disasters in 141 countries showed that “although catastrophes cause suffering to everyone, on average, they produce more fatalities among women than men, or they take the lives of more young women than men. “

In the case of Argentina, and more precisely in Córdoba, the cycles of floods and droughts caused by climate change are aggravated by the lack of planning and coordination of policies to combat their effects. In 2015, this situation led to the floods produced in almost all the towns of the Sierras Chicas, causing all kinds of damage – structural housing, economic and health – many still unsolved and, what is even more serious, the loss of human lives.

Adaptation and mitigation measures are not enough

The States of the region have adopted numerous measures in order to reduce the adverse effects of climate change. These are the so-called “mitigation and adaptation” measures; the first, referring to the intervention of man in reducing the emission of greenhouse gases, and the second, those that seek to moderate or avoid damage or take advantage of beneficial opportunities. The problem that arises with such measures is that in many cases they also violate or negatively affect the enjoyment of certain human rights, such as those that limit access to and use of natural resources, such as land, water and water. forests.

Por este motivo es que, luego de la entrada en vigor del Acuerdo de París (2016), todas las medidas que los Estados adopten deben “respetar, proteger y considerar sus respectivas obligaciones en materia de derechos humanos” y, en particular, “el derecho a la salud, los derechos de los pueblos indígenas, las comunidades locales, los migrantes, los niños, las personas con discapacidad y las personas en situación de vulnerabilidad y el derecho al desarrollo, así como la igualdad de género, el empoderamiento de las mujeres y la equidad intergeneracional”.

With an eye on the Framework Convention on Climate Change

If the request for a thematic hearing is approved, it will be held during the 172nd period of sessions of the IACHR, between May 2 and May 10, 2019 in Kingston, Jamaica. In addition, the following Conference of the Parties to the UNFCCC will take place in Santiago, Chile at the end of 2019, making the thematic hearing a preamble as a multi-stakeholder dialogue addressing this issue from human rights and with a regional perspective . Contributing thus to an articulation of themes conducive to the same objective: sustainable development with a focus on rights.

This new global context, where climate change is an unprecedented challenge, requires the IACHR’s innovative agency to set the standards and standards necessary for the States of the continent to advance at an accelerated pace towards a future with a safe level of greenhouse gases, allowing climate stability and with fully guaranteed rights.

As global warming continues to rise, basic human rights are at risk, affecting not only the present generations, but especially the generations to come. For all these reasons, and bearing in mind that the IACHR is the body in charge of the promotion and protection of human rights in the region, we consider it fundamental that the request for a thematic hearing presented be considered.

More information

Solicitud de audiencia temática ante la CIDH

Author

Ananda Lavayen

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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Revocation of the order to carry out studies on environmental contamination in Porta Hnos.’s case

On February 22, the Federal Court of Appeals of Córdoba, by majority vote, decided to revoke the resolution issued by the Federal Court No. 3 of Córdoba in the context of the Porta Hermanos case. In that resolution, studies were ordered on environmental contamination and possible pathologies present in the vicinity of the plant of Porta Hermanos S.A.

“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 Federal Court of Appeals made the appeal filed by the company Porta Hermanos SA, revoking the ruling by the Federal Court No. 3 in which the case is processed “CRUZ, SILVIA MARCELA AND OTHERS v MINISTERIO DE ENERGÍA Y MINERÍA DE THE NATION s / AMPARO ENVIRONMENTAL “. In this resolution Judge Vaca Narvaja ordered, on the one hand, the Environmental Research Center – Department of Chemistry of the Faculty of Exact Sciences of the National University of La Plata to inform the court the feasibility of carrying out a study on the possible environmental contamination at the Porta plant, and on the other hand, to the Dean of the Faculty of Medical Sciences of the same University in order to evaluate the possibility of carrying out an inspection on 100 people living in the vicinity of the plant to detect possible pathologies .

The majority vote, maintains that the aforementioned resolution violates the principle of procedural consistency since the measures ordered by the judge of first instance, do not correlate with the object of the amparo filed by those affected. Recall that the principle of procedural consistency implies that the court can not go beyond what was requested by the parties or base its decision on facts different from those that have been alleged by the parties. In this case, the Chamber also maintains that, even though the intervening judge is assisted by the powers provided for in Article 32 of Law 25,675 – which refer to a judge with an active role, concerned about the protection of a collective good such as is the environment-, they must be applied with restrictions. According to the court, these powers are limited only to knowledge of the positions of the parties, thus giving primacy to the principle of congruence over such powers.

Given this panorama, it is necessary to make certain precisions:

The vote analyzed, maintains that the purpose of the amparo revolves around elucidating whether the bioethanol plant of the company Porta Hermanos required:

  • Authorization to operate by the Ex Secretariat of Energy of the Nation
  • Conducting the Environmental Impact Assessment procedure before putting it into operation

The principle of congruence, the precautionary principle and the environmental perspective.

First, from the reading of the same resolution, it is clear that the “environmental protection” presented by the neighbors, has as its main object the “cessation of atmospheric environmental pollution” by the bioethanol plant of the company Porta Hermanos SA In this line, it is requested the closure and final closure of the plant attentive to not having complied with the procedure of Environmental Impact Assessment – “lack of legal authorization”. Well, if the claim focuses on the cessation of environmental pollution, it is fully consistent to determine the existence of such a phenomenon. Indeed, it would be impossible to stop a contamination, which in the facts has not been fully proven.

Without prejudice to this, the precautionary principle comes into play since, even in the face of uncertainty, the judge could not postpone effective measures for the protection of the environment. In the resolution analyzed here, the majority vote ignores the claim of the amparistas, which is closely linked to the measures ordered by the Federal Judge, not violating the principle of congruence.

The administrative authorizations can not be permits to pollute.

Second, even when the object of environmental protection is that identified by the Chamber, that is, the need for a legal authorization, it is necessary to consider that what underlies the formal administrative procedures for authorization is the protection of the environment. Thus, the formal permits constitute a presumption of safety of the activity enabled but do not imply a permission to pollute and damage the environment, so that, upon verification of a polluting activity, such presumption must yield.

In other words, the debate on the need for an authorization or not, basically, involves discussing whether such activity harms the environment in a way that would have required the prevention and / or management of damage through the impact assessment procedures environmental (in accordance with the provisions of Art. 11 of Law 25,675). Therefore, even in such an object, the measures ordered by the federal judge of the 1st Instance, are fully congruent.

The preventive role of the courts in environmental processes.

In the third place, the assertion made by the Chamber that the principle of procedural consistency prevails over the powers granted by Art. 32 of Law 25,675 (L.G.A), is questionable, if not erroneous.

In the processes where the environmental issue is debated, because of the well protected, the rights at stake and the particularity of the damage, it is necessary that the traditional procedural rules (read principle of congruence) are redefined from the environmental and human rights perspective. The judge acquires a preventive role and an active role in pursuit of the effective protection of the general interest, being able to adopt the necessary measures and measures (Art. 32 L.G.A). In such a role, the judge must act in favor of the protection of the general environmental interest, which acquires a preeminent value, modifying the traditional rules of the civil process, in order to prevent environmental damage, without falling into the stillness of allowing the pollution and thereby consolidate irreparable environmental damage. Under this pre-eminence, the principle of congruence is subverted, or cedes in favor of environmental protection.

It should be noted that the resolution adopted by the Federal Court of Appeals of Córdoba, is questionable as it erroneously defines the object of environmental protection as merely formal (determine the need for legal authorization), and ignores principles and fundamental rules of Argentine environmental public order. In addition, in this case the resolution revoked simply ordered measures to have more information of the current situation, something that has been the cause of successive public complaints by neighbors in the neighborhoods San Antonio and Inaudi.

It is unfortunate that a formalistic look away from reality prevents having more information, in order to better investigate and evaluate a situation of socio-environmental conflict that has been in our city for years.

More information

Author

Juan Bautista Lopez

  • Contact

María Pérez Alsina, mariaperezalsina@fundeps.org

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More than 100 organizations are calling on EITI to publish environmental information

On the initiative of the Peruvian organization ‘Law, Environment and Natural Resources’, on February 25, a letter was presented to the Board of Directors for the Extractive Industries Transparency Initiative (EITI), demanding the publication of environmental information. More than 100 organizations in Latin America (including FUNDEPS), signed a letter asking the members of this initiative to make transparency in environmental information mandatory.

“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 EITI standard for transparency in extractive activities, seeks to disseminate information on the oil, gas and mining industry. It requires the publication of information along the value chain of the extractive industry, from the point of extraction, to the way in which revenues continue on their way to the government; even how they benefit the general public. This includes how licenses are adjudicated and registered, who are the actual beneficiaries of those operations, what are the legal and fiscal provisions, how much is produced, how much is paid, how are those revenues distributed, and what is the contribution to the economy, including employment.

It is a multilateral initiative to which governments adhere voluntarily, and ensuring the participation of civil society and companies in the extractive sector.

However, and despite the imprint of this initiative, the standard currently lacks requirements on the obligation to publish information related to the costs and environmental impacts of extractive activity. It is necessary to have information, for example, on the amount of water that a mining project consumes, fines paid by corporations for environmental violations, information on environmental impact assessments, mitigation plans, among others. These data are crucial to avoid irreversible damage to the environment and the violation of the rights of those affected by extractive activity.

During the week of February 25, the EITI Board will meet in Kiev, Ukraine; to review the provisions of the current standard. Civil society organizations in Latin America sent a letter demanding that after the review process new guidelines be incorporated to ensure that:

  • Information is disseminated at the project level, in relation to all social and environmental assessments, showing the true impact of extractive activity on ecosystems and communities.

  • Environmental and social information about payments and expenses is disclosed, including impact studies, acquired rights, licenses, fines, compensations and remediation.
  • Information on all environmental licenses and authorizations, disaggregated by company and project, is disclosed. Including how the authorities monitor environmental commitments and information.


Argentina has officially joined EITI on February 27, 2019. To strengthen the standard with the demands made by civil society, would result in an improvement on the generation and publication of environmental information in our country.

More information

Sitio WEB de EITI

Carta enviada al Directorio de EITI

Environmental Reporting: Key to Transparency

Contact

Agustina Palencia, agustinapalencia@fundeps.org

 

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The advertising sector from a gender perspective

Together with Comunicar Igualdad, we present the results of an investigation carried out in 2018 on the advertising sector, from educational institutions, trade unions, professional associations and advertising agencies in Córdoba and Buenos Aires.

“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 publication is part of a research process of more than three years, carried out by the Civil Association Communication for Equality and the Foundation for the Development of Sustainable Policies – FUNDEPS – which addresses the problem of inequality in the field of communication, from access to participation, information and justice of citizens in public policies (2012/2016 and 2018), to access to equality in access to opportunities in the organizational structures of the media world, and in this case, the sector of the advertising industry.

The media and the advertising industry, as essential actors in the preparation of content, are spaces that hold great power, not only commercial or as cultural institutions, but are established as opinion makers, producers, reproducers and transmitters of values, stereotypes, meanings and common sense, while defining what is considered relevant, normal, debatable and socially accepted or rejected. It is fundamental to understand in this sense the global concern about the problem of inequality in access to opportunities for women and people in the LGTTTBIQ + community.

Already in 1995, the Platform for Action (PAB) of the Fourth World Conference on Women, held in Beijing, established as a strategic objective, within its section J, the need to “Increase access for women and their participation in expressing their ideas and making decisions in the media and through them, as well as in new communication technologies.” Among others, this is a commitment that States and civil society assumed in order to advance the process towards real equality between genders.

Closer in time, at the 62nd session of the Commission on the Status of Women, which in March 2018, the following topic was considered: The participation of women in the media and Information and communication technologies, and women’s access to them, as well as their impact on the advancement and empowerment of women and their use for these purposes.

In the same way, and as it will be analyzed throughout the present, the Yogyakarta Principles, which since 2007 have addressed the application of international human rights legislation in relation to sexual orientation and gender identity, in section 19, recommends that States ensure that both the production and the organization of media regulated by the State are pluralistic and non-discriminatory with regard to matters related to sexual orientation and gender identity, as well as in the hiring of personal and promotional policies, such organizations do not discriminate on the grounds of sexual orientation or gender identity.

In this framework, we present this report, we conducted an investigation throughout 2018, with the main objective of knowing the labor structure and gender policies of advertising agencies, professional associations, unions and educational institutions linked to the advertising sector of Argentina. The results show the representation of gender in their areas of operation, in the preparation of content and in decision-making positions. The approach is a necessary complement in order to understand the complete reality that covers the problem of communication, from a gender perspective

To carry out the report, interviews were held in the city of Buenos Aires and Córdoba, with: persons in charge of human resources or similar areas of advertising agencies; directives from universities that include careers related to the advertising sector; and unions and workers from that environment. In addition, data was collected and data was collected from official information sources.

RECOMMENDATIONS

Based on the conclusions obtained in the investigation, and the democratization suggestions of the organizations made by the publicity workers and members of unions interviewed, the following recommendations have been made.

GENERAL

  • All the actors involved, and in collective strategies, must implement measures to mainstream the gender perspective. This will allow:
    • Denature the stereotyped messages that promote discrimination and violence.
    • Respect the principle of self-determination of sexual identities and orientations to promote images, characterizations and discourses that make visible and respectful of the diversity of gender identities, sexual orientations, as well as the diversity of bodies, needs and lifestyles.
  • It is important to rethink in all areas of the advertising industry the promotion of work with audiences.

FOR ADVERTISING AGENCIES

  • Promote a diverse and equal participation in terms of gender within the advertising agencies, especially in decision-making spaces.
  • Design strategies for the reduction of horizontal [1] and vertical segregation [2] that eliminate prejudices and gender discrimination and achieve real access to opportunities for all people equally in all instances of professional development.
  • Implement positive, real and concrete actions for the inclusion of LGTTBIQ + people in the industry.
  • Fully comply with labor laws regarding the payment of overtime and child care service, both rights granted by law that substantially affect the distribution by gender in different areas of the industry.
  • Conduct trainings on gender issues, regarding the preparation of the contents of the advertising pieces, as well as the necessary democratization of the agencies from this perspective.
  • Create offices for the monitoring and diagnosis of issues related to gender issues and the design of internal policies, as well as to address problems related to workplace harassment and gender violence.
  • Adopt a proactive thematic agenda on human rights and gender in the contents of the advertising pieces.

FOR PROFESSIONAL ASSOCIATIONS AND TRADE UNIONS

  • To reinforce the real representation of the sector of workers of the advertising industry, that responds to their needs in a democratic way and with real reach and in the whole country.
  • Include the gender perspective as a central element in the construction of the measures to be adopted, both in the claim for the real fulfillment of the rights of the workers, and in the conquest and advancement of those that are not recognized.
  • Encourage, on the part of professional associations, the gender perspective among those who work in the industry and, above all, between advertisers.
  • Develop gender policies within professional associations, to promote this approach with a view to the democratization of the industry.
  • Promote the gender perspective in instances of prizes and publicity contests.

FOR EDUCATIONAL INSTITUTIONS

  • Design strategies to democratize managerial structures such as the teaching staff of schools and universities linked to advertising, with a focus on the need for greater insertion of female teachers and transgender people.
  • Include the gender dimension as a compulsory subject of the curricular construction of the careers corresponding to the advertising sector.
  • Create spaces to denounce and address situations of gender violence and harassment and specific areas for the design of gender education policies.
  • Establish agreements with advertising agencies for the promotion of women and trans students in them.

FOR THE STATE

  • Generate awareness campaigns for the whole society and consult specialized sources. For this it will be necessary to work together with different actors: educational institutions, civil society organizations, social movements, government areas, specialists, media and advertising companies.
  • Expand the protective spectrum of public communication and gender policies, with specific attention to the dimension of advertising.
  • Implement affirmative actions to promote the labor integration of women and LGTTBIQ + people in the advertising and institutional communication agencies of the public system: quotas, internship programs, training for inclusion, among others.
  • Design measures that import affirmative actions to promote the labor integration of women and LGTTBIQ + people in private advertising agencies: tax incentives and granting economic support to those who have specific policies for the promotion of gender equality.
  • Generate strategies to promote small advertising ventures aimed at women and trans collectives.
  • Expand the regulations related to paternity leave and licenses for care of people, regardless of their gender identity.
  • Promote a culture of democratization of organizations, through campaigns, sensitization, training and specific programs for the advertising industry, as well as the communication sector in general.

FOR CIVIL SOCIETY

  • Generate more spaces that represent the advertising sector within civil society organizations, which can address the challenges of the problem and can achieve greater advocacy capacity for the purpose of democratizing the industry.
  • Monitor constantly the actions of the agencies, unions, the State and universities, in order to give an account of the reality of the advertising sector and promote concrete measures for its approach.

Access to equal opportunities is one of the great debts of our society, and therefore it is necessary to continue breaking with the structures of power that invisibilize and exclude. It is of fundamental importance to continue walking towards an egalitarian democracy that recognizes in an inclusive way the rights of all citizens. The advertising sector is an important social actor. If the contents that are generated, and their functioning mechanisms are democratized towards real inclusion, a huge barrier will have been broken to achieve real equality for the whole society.

[1] Preeminence of males in the areas of Creativity, Technology and Production among others; and women in Administration, Accounts and Planning.

[2] Preeminence of males in management positions in most areas and, above all, in the General Directorates, Coordination and among CEOs.

Publication

More information

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

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

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At the Cosquin Rock violates the regulations on tobacco advertising

In a survey conducted by FUNDEPS and ALIAR in the well-known music festival “Cosquín Rock”, actions were detected that violate the national and provincial regulations on the advertising of tobacco products.

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

In Argentina, the National Law N ° 26.687 prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; but it contemplates exceptions such as the interior of the points of sale and direct communications to persons over 18 years of age, when their prior consent has been obtained and their age has been verified. The province of Córdoba adhered to the national law through Law No. 10026.

Despite these restrictions, the industry continues to promote tobacco products, with strategies that target adolescents and young people. You can notice, for example, its presence in music shows and night parties, events where the young audience predominates.

In the Cosquín Rock, developed on 9 and 10 February, different tactics could be identified. On the one hand, a large number of promoters and promoters, young people with homogeneous clothing who carried a hanging tray with a fixed and bright advertising, and displayed cigarettes. This gave them a massive visibility throughout the property.

On the other hand, their consumption was encouraged through a special promotion: buying cigarette box packages allowed access to beer at a lower cost than the sale at the authorized premises. In addition, buying beer from those who sold cigarettes avoided the long wait to pay for it at other points of sale.

The brand that was advertised was Rothmans, belonging to the group BAT (British American Tobacco) and cigarettes were flavored, a mechanism that clearly tries to attract new consumers and consumers, seeking to associate tobacco with known flavors. The age of the people who attended was not controlled, so children were also exposed to these strategies.

This type of practice is prohibited according to the law n ° 26.687 and specifically according to the provisions of the regulatory decree n ° 602/13 that expressly contemplates the prohibition of advertising in spaces for public use and promotional discounts.

From FUNDEPS and as members of the Free Alliance of Smoke of Argentina (ALIAR) we denounce this situation before the Secretary of Government of Health of the Nation.

In this context, it is urgent to make progress in regulations that completely prohibit the advertising, promotion and sponsorship of tobacco products, as recognized by prestigious public health institutions and the Framework Convention on Tobacco Control, a public health agreement ratified by 181 countries of which Argentina is not a part.

The cigarette promotion at Cosquín Rock responds to a series of strategies aimed at young people. Allowing this type of advertising in musical events and night parties involves continuing to strengthen the idea of ​​cigarettes as a product linked to fun, independence, rebellion, freedom … ignoring its addictive and deadly nature. Even today, tobacco remains the leading cause of preventable death in Argentina.

More information

Advertising actions of the tobacco companies on websites and events | FIC Argentina

Author

Julieta Segura

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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Criticism based on the note “Mothers girls with capital letters”

The editorial “Girls mothers with capital letters” of the newspaper La Nación begins extrapolating the struggle of the “green scarves” (in reference to the Campaign for the legalization of abortion) with the example of girls who decided to carry out their pregnancies.

“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 text abounds in stereotyped notions of motherhood, speaking of “mother instinct” and “what is natural in women”. In addition, minimizes and naturalizes sexual abuse in childhood, describing as “nothing desired or desirable” the “way in which pregnancies were born”, but extolling those girls who took them forward, highlighting that it is “admirable and exciting to see unfold the maternal instinct. “

“Admiration towards the mothers girls, madrazas by the way. Sadness for the “abortionist grandmothers” who happily did not achieve their criminal purpose, “the text continues, describing as” criminals “those” grandmothers “(mothers of rape victims) who make effective the right of their daughters to access the legal interruption of the pregnancy due to the violation.

It should be noted that shortly after the note was published, numerous organizations and organizations of civil society expressed their rejection. Amnesty International Argentina stated that the publisher is unaware of the human rights of the girls and that most of the girls under 15 in our country “are forced child pregnancies as a consequence of situations of sexual abuse and violence that seriously affect the physical and mental integrity of girls. ”

In the same sense, UNICEF said that “pregnancy in childhood is not linked to the” maternal instinct “, it is sexual abuse and therefore pregnancy is forced. Adults (family, State, institutions) are responsible for protecting girls and boys from sexual abuse. “

The General Advisor to the City of Buenos Aires, Yael Bendel, also made public his position and said: “It is very serious that in times where girls’ infanticide, sexual abuse and as a result, pregnancies resulting from these abuses , there are editorials like these that banalize and romanticize these serious crimes. As a body for the protection of rights, we repudiate all the terms of this note. Because they violate rights. Because more than celebrating the dramatic consequences corresponds to prevent violence and punish criminal behavior.

Also, many workers in the media expressed their rejection of the note and manifested in their personal networks stating: “As a worker of LA NACION I reject the words of the editorial” Girls Mothers with capital letters “. A pregnant girl is a raped girl. # GirlsNoMothers “.

The same medium through his digital newspaper was expressed hours later listing the aforementioned criticism and rejection of the publisher in question. “The NATION regrets that the text has been interpreted as a somewhat tolerant message towards child abuse, something that, as the editorial itself pointed out, is obviously repugnant,” concludes the note, which far from making a request for Appropriate apology with the corresponding rectification, attributes the discriminatory, stereotypical and apologetic message of the editorial to the mere interpretation of the reader.

In the document that is attached, all the violences in which the editorial note is incurred are exposed, as well as the abusive reproduction of notions contrary to human rights. These behaviors carried out by the media are constituted as media and symbolic violence, and are a dangerous tool to misinform and create behavioral values ​​that are harmful to citizens.

Document Criticism based on the note “Mothers girls with capital letters”

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Virginia Pedraza, vir.pedraza@fundeps.org

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The National Coalition to Prevent Childhood Obesity in Children and Adolescents spoke in favor of the frontal labeling of warnings

The National Coalition to Prevent Childhood Obesity in Children and Adolescents, a network of civil society organizations created with the support of UNICEF Argentina, spoke in favor of the adoption by our country of a frontal labeling of warnings, such as It was suggested by the Secretary of Health of the Nation. He also urged to convert these recommendations into effective public policies that raise the standards of protection of the right to health and adequate food.

“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 nivel nacional, según la Encuesta Mundial de Salud Escolar (2012), en los últimos cinco años, en el grupo de adolescentes de 13 a 15 años aumentó el exceso de peso del 24,5% al 28,6%. A su vez,  la prevalencia de obesidad pasó del 4,4% al 5,9%.  Esta situación demuestra la necesidad de formulación de políticas públicas que tiendan a disminuir el consumo de productos con nutrientes críticos y a mejorar los hábitos alimentarios de la población a los fines de reducir el sobrepeso, la obesidad y otras enfermedades no transmisibles.

En este sentido, prestigiosas organizaciones de salud pública y comités de derechos humanos, han sugerido la adopción de un etiquetado frontal de alimentos como política de probada efectividad para prevenir la obesidad y el sobrepeso.

En Argentina no existe un sistema de etiquetado frontal de los alimentos establecido por ley que informe a consumidores y consumidoras acerca de altos contenidos de nutrientes críticos (azúcares, grasas y sodio) ni tampoco es obligatoria la declaración de azúcares en los productos envasados. En este contexto, el Programa Nacional de Alimentación Saludable y Prevención de la Obesidad coordinó un debate y el posterior posicionamiento de la Comisión Nacional de Alimentación Saludable y Prevención de Obesidad, respecto del tipo de etiquetado frontal a recomendar para la Argentina.

Desde la Coalición, apoyamos las recomendaciones efectuadas por 9 de las instituciones participantes, entre ellas la Secretaría de  Gobierno de Salud de la Nación, quienes se manifestaron a favor del etiquetado frontal de advertencia y el perfil de nutrientes de la OPS. Instamos a que estas recomendaciones se traduzcan en políticas públicas efectivas para la protección del derecho a la salud y la alimentación adecuada a través de regulaciones vinculantes.

Download full statement

More Information

Etiquetado frontal de advertencias: una política necesaria para proteger el derecho a la salud

Participamos del lanzamiento de la Coalición Nacional para la Prevención de la Obesidad Infantil

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

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The situation of official advertising in Córdoba: electoral propaganda on the agenda

The official publicity is a very valuable mechanism of communication between the governments and the citizenship that has as its objective the access to public information and the rendering of accounts. However, the use of official advertising for personal campaigns is already a tradition in Argentina, which does not recognize differences between political parties or electoral years. At national, provincial and municipal levels, official advertising is an instrument used for propaganda purposes.

“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”.

Using public resources to promote the image of officials is categorically unacceptable. It is understood, in the first instance, that this type of practice involves the financing of personal companies with the ‘citizens’ money’. In the second instance, it means the abuse of power by those to whom the people have entrusted their representation. In a third instance, situations of these characteristics blur the boundaries between the State and the ruling political party; what ultimately stands opposed to democratic and republican values.

According to ADC (Association for Civil Rights), corruption in the use of official guidelines can be reflected in different situations, one of them, in the exercise of party propaganda. In this sense, official advertising should be understood as a channel of communication between the State and the public regarding information of public interest. Latin America presents as a common element, however, the propagandistic use of official guidelines, as a tool for the promotion of officials or official candidates. It is a practice that, in most cases, crosses the different levels of government.

In Argentina, Law 25,188 on Ethics in Public Administration regulates, in its article 42, these types of practices: “the publicity of acts, programs, works, services and campaigns of public bodies must be of an educational, informative or educational nature. social orientation, not being able to include in it names, symbols or images that suppose personal promotion of the authorities or public officials “.

In the country, there are few provinces that have regulations governing official advertising. Among them are the Autonomous City of Buenos Aires, Chaco, Río Negro and Santa Fe. Therefore, the law of public ethics is the only legal framework with which it is counted in many cases. In Córdoba, as there is no such regulation, the political scene in Cordoba becomes a sort of liberated ground for the existence and use of official advertising for purposes that go beyond mere information and accountability to the citizen. Towards within the province, numerous municipalities have witnessed the proselytizing practice of using the official guideline, in order to promote governmental efforts in the exercise of power. However, some localities have managed to sanction ordinances that seek to make transparent the policies for state money in official advertising.

WHAT HAPPENS IN CÓRDOBA:

As already mentioned, in Córdoba there is no regulation that regulates the use of official advertising and therefore sanctions the political propaganda that could be made from it. Some municipalities, however, have recognized the need to have ordinances that limit this type of practices.

Villa de Soto, Villa General Belgrano and Río Tercero have been some of the Cordoba towns that have advanced with this type of regulation. All its ordinances recognize a normalized situation of use of public spaces for personal propaganda. For this reason, the texts of these regulations establish that the publicity of acts, programs, works, services and campaigns must be of an educational, informative, socially oriented or accountable nature. Not being able to include in it names, symbols or images that suppose personal promotion of the authorities or public officials, nor party symbols, except when reasons of institutional character impose another modality.

Many of the rules mentioned in the previous paragraph, have had their germ in the discontent of the residents of these towns, who have been bombarded by party publicity in spaces that should not be co-opted by it. Also, residents of the town of Bialet Massé have denounced on several occasions the misuse of the official guideline (since the name of the local mayor has been indiscriminately included), and have even tried to promote an ordinance similar to those already in force. mentioned. His initiatives, however, did not have positive results. The same happened in the towns of Cosquín and Pilar.

Particularly, the ordinance presented in Cosquín, is one of the most complete since it not only seeks to limit the use of official advertising, but also establishes the principles that advertising must respect (transparency, plurality of means, reasonableness in spending, equality, accessibility, environmental sustainability, among others). In the same way, the ordinance project details exhaustively the objectives that the official publicity must have. The reasons for vetoing that ordinance were not clear.

It is important to mention that unlike the province, the city of Cordoba has an ordinance of these characteristics, it is the public ethics ordinance, which like the other mentioned norms, prevents the appearance of public figures in management advertisements and / or government announcements.

WICH IS THE IMPORTANCE ABOUT REGULATION OF OFFICIAL ADVERTISING:

In Argentina it seems that the public machine with electoral fines is constantly in operation, limiting the possibilities of competition of possible and / or future electoral options. At a national level, Law 26.5713 stipulates that parties can not hire audiovisual spaces to make the campaign and only those that have been provided by the state and the subjects by lottery. Situation that is at a disadvantage, unfair practices, the start-up and officialism during non-election times. Although the argument to establish this norm is valid, since it is aimed at equal conditions of access to the media, without regulation of official advertising, the effect generates a great asymmetry in political competition.

What role does society occupy in this diagram? The public is inundated with advertising for electoral purposes and with little information content. In terms of transparency, there is an enormous difficulty in obtaining answers about amounts, beneficiaries, and criteria for distributing the guidelines. At the national level, the delivery of information varies from year to year with a tendency towards restrictive in this matter. In Córdoba city and province this is unknown, and it gets worse when you consider the lack of legislation on this. In an electoral 2019, with a bill to finance political parties in order to be discussed, it is necessary to focus on these practices that take away legitimacy from government efforts. It is also time to put on the table the discussion on the need to have a public ethics law at the provincial level.

Contact: Agustina Palencia – agustinapalencia@fundeps.org

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The president of the World Bank resigns: possible conflict of interest and transparency in the appointments

On January 7, the world was surprised by the untimely resignation of World Bank President Jim Yong Kim. With three years left to finish her second term, Kim stepped aside to take a position within the private sector. A possible conflict of interest and transparency in the definition of the Bank’s leadership, key issues.

“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”.

Abruptly and unexpectedly, the president of the World Bank (WB) Jim Yong Kim, resigned his mandate to undertake a new job in the private sector. According to the official communiqué of the WB, during the term of Kim, special attention was paid to investments in infrastructure. He assured that the key to the advancement of the developing nations was the support and investment in this sector. For this reason, Jim Yong decided to step aside arguing that his work for global development would be more fruitful from the firm ‘Global Infrastructure’, a multinational company specializing in infrastructure investments for the water, energy, transport and waste sectors. .

Kim’s departure has not gone unnoticed, and numerous civil society organizations around the world have emphasized the possible conflict of interest in Kim’s surprise decision and wonder what will happen from this? In particular, they have raised a series of concerns:

  • Financing for development through the private sector:

According to the now ex-president of the WB, worldwide there is a deficit in infrastructure that would be around the trillion dollars. This amount, in no way can be covered, not even with the portfolio of all the institutions of financing for the development (IFIs) together. In this regard, Kim, during his tenure, has tried to ensure that financing for development, no longer oriented to the public sector, to turn to the private sector. In this way, the WB and other IFIs have increased their investment portfolio to financial intermediaries and other companies / private corporations. Kim’s decision to continue his professional career in the private sector raises doubts about the underlying interest in the decision to orient the World Bank towards the private sector. In other areas of interaction between the public and private sectors there are window periods during which those who have decision-making roles are prohibited from changing their sector (“cooling off periods” in English). The inexistence of similar mechanisms in the World Bank inevitably calls into question some of Kim’s decisions that in practice expanded financing to the private sector.

The change towards private financing, although it could be beneficial in economic and financial terms for the States, maintains concerns for environmental sustainability and respect for human rights. Recently, there seems to be a positive correlation between the increase in projects financed by companies and the growth of negative impacts on people’s lives and the environment. In addition, it is important to remember that during the mandate of Kim, the revision of the social and environmental safeguards of the WB – the regulations that establish criteria for the projects that the World Bank can support -, far from representing a strengthening of the policy, meant the transformation of these standards, a normative framework much more lax. The resignation of Kim then, leaves open the door to ask if the next president of the WB will have as a priority private funding, and if so, how the institution can adapt to international and national standards regarding respect for Human Rights.

  • Transparency and accountability at the institutional level in IFIs:

Other questions that have arisen after this event, have to do with the next president of the WB and its selection process: Who will succeed? What will the process be like to elect the next president? Will the government of the United States be in charge of targeting the person who assumes the presidency, as has happened on previous occasions? In what way can the WB’s governance be more transparent when it comes to electing its authorities?

At the global level there is a tacit agreement that, since the beginning of the Bretton Woods system, has established that the head of the World Bank would be defined by the United States and the International Monetary Fund (IMF) by Europe. Over the years, this has been respected to the letter, with the White House, which has pointed to the president of the WB. Kim was no exception to this practice and was nominated by the government of Barack Obama. This process that has been taking place has little transparency and has always ended up transforming the World Bank into an executing arm of US government policies. In these times, a WB president appointed by the administration of Donald Trump would be risky when thinking about the performance of this institution on issues such as climate change and human rights in general.

Beyond the effects of a WB president appointed by the Trump government, Kim’s departure opens a series of questions about the bank’s governance and transparency in the appointment of its authorities. It is necessary to establish a transparent selection process in which all candidates have equal opportunities to occupy the position. The Chair of the Presidency of the WB must be occupied by a truly qualified person who has as a priority the execution of investments under the umbrella of sustainable development and human rights. The history of secrecy behind each WB president has impacted on the credibility of the institution. This vacancy, now, means an opportunity for the WB to reposition itself within the international system as an independent actor.

From now on

Kim’s departure for ‘Global Infrastructure Partners’ (GIP) has raised doubts about the appearance on the door of a possible conflict of interest. The multinational GIP is responsible for investing in infrastructure for developing economies, this being the main sector of interest of the WB. It is important to follow up on plausible agreements to be finalized between both institutions.

Regarding the vacancy for president, the WB has announced a nomination process for candidates that will be open until mid-March 2019. The civil society will be attentive and making a detailed follow-up of everything that happens to seek the transparency of the process. It will remain to be seen, once the next president is selected, what their main management guidelines will be and if they respond to the true development needs of communities and populations around the world.

More information

Contact
Gonzalo Roza – gon.roza@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org

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The Morning Show again incurred media violence

The Ombudsman’s Office responded to the complaint we made against “El Show de la Mañana”, broadcast on Channel 12, for content that spectacularized a situation of clear violence towards a 12-year-old girl.

“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 19, in the program “El Show de la Mañana”, a content was recorded that recorded an episode of violence suffered by a 12-year-old girl by a woman on public roads.

The Ombudsman said that, “although, as expressed in the query, a critical and condemnatory view of the violent acts by the program’s members is observed, the video exhibition under the modality in which it is carried out, redounds in the spectacularization of an event of serious violence suffered by a girl.”

As a corollary to the complaint and the process initiated, the Ombudsman’s Office proposed to conduct a training activity aimed at the program’s members, and all those who wish to participate in the channel, based on the activities they carry out in the programs . The training took place at the Canal 12 facilities on December 7.

During the activity, they were trained in particular on the guidelines for the issuance of content in time suitable for all public, in order to protect the rights of children in journalistic approaches, since that was what initially motivated the claim. However, the Ombudsman took advantage of the instance with the members of the program, as well as all the personnel of Canal 12 who would like to join to train on other issues related to the rights of the audiences.

In particular, recommendations were provided for the coverage of events related to violence against women. The topic of non-discrimination on the grounds of gender or sexual orientation was deepened in order to denaturalize the discourses that reproduce inequality. Finally, issues related to mental health and suicide were also addressed.

The actions of the Public Defender’s Office are very important, as it acts as a link between the citizens and the audiovisual media, through dialogue with different actors, to motivate the reflection on the themes, as well as to find solutions and mechanisms of reparation for the rights affected. Its actions provide legal guarantees for radio and television audiences, as well as community media, peasant groups and indigenous peoples.

The body is in the same situation of acefalía since 2016, which almost three years ago does not allow it to implement all of its functions. While there is a temporary holder, designated until March 2019, the Ombudsman’s Office continues to carry out its work, in a prudential time, contemplating the rights of the audiences and promoting an inclusive communication and human rights. However, the situation of acefalía not only puts at risk the rights of the hearings, but also harms the public policies that promote communication from a local and community perspective. We hope that the Bicameral Commission responsible for the designation of a defender, will act and appoint a suitable person for this function, enabling the full functioning of this body.

More information

Nota Defensoría del Público -612-2018

Contact
Virginia Pedraza, vir.pedraza@fundeps.org