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A law for Córdoba to take the lead on healthy eating

Fundeps and the Córdoba Association of Nutritionists have presented a bill to expand and ensure the full implementation of the Food Labeling Law in Córdoba. Among other measures, it establishes the prioritization of healthy foods in kiosks, school cafeterias, and public procurement for food programs, such as PAICor. With the initial push from legislator Brenda Austin, the initiative has the support of different legislative blocs.

This Thursday, July 31, the Foundation for the Development of Sustainable Policies (Fundeps) and the Córdoba College of Nutritionists presented a provincial bill to Promote Healthy Eating. The bill expands and complements the National Front-of-Package Labeling Law to ensure its full implementation in Córdoba. With the initial support of Radical legislator Brenda Austin, the bill already has 22 signatures from representatives of seven legislative blocs, and more endorsements and contributions are expected in the coming days.

The initiative is also backed by various academic and civil society organizations at the provincial, national, and regional levels, particularly the Latin American and Caribbean Community on Nutrition and Health (COLANSA), whose support is key to building healthier environments in Córdoba and across the region.

Why a provincial healthy eating law?

Since October 2021, Argentina has had Law 27.642 on the Promotion of Healthy Eating, better known as the Front-of-Package Labeling Law, which protects the constitutional rights to health, adequate nutrition, and consumer information. It was approved by large parliamentary majorities and supported by more than 150 scientific, academic, and health organizations from across Latin America. This progressive regulation addresses food issues from a comprehensive perspective and establishes four key pillars: warning labels (the well-known seals); regulation of food and beverage advertising, promotion, and sponsorship; the promotion of healthy school environments; and public procurement of food by the State.

Law 27.642 regulates matters of public order and is therefore mandatory throughout the country. However, the healthy eating promotion policies it defines require provinces to also do their part.

Ten provinces have already taken significant steps in this direction. According to Argentina’s Normative Map, most have done so by simply adhering to the national law. However, provinces like Catamarca, Tierra del Fuego, and Neuquén have gone further, enacting provincial laws that complement, adapt, and improve the implementation of the national law within their territories. Córdoba now has the opportunity to pass an exemplary regulation and become one of the leading provinces in protecting the right to health and adequate nutrition for its population—especially for those in the most vulnerable situations, such as children and adolescents.

The need is urgent. The National Analysis on the Food Situation in Vulnerable Neighborhoods, published in May 2024, revealed that 89% of the 5,357 surveyed households in vulnerable neighborhoods in Buenos Aires City and 19 provinces suffered from food insecurity. Similarly, according to the Social Debt Observatory of the Catholic University of Argentina, in 2024, 35.5% of children and adolescents were in a situation of food insecurity, and almost half of this population experienced severe food deprivation.

In the same vein, UNICEF’s 2024 Rapid Survey found that more than half of households had reduced their food consumption due to lack of money—especially fresh and healthy foods such as fruits, vegetables, meats, and dairy products.

Córdoba is no exception. In February, a year-on-year study published by the Institute of Statistics and Social and Economic Trends of the Grocery Owners’ Center showed a significant deterioration in the nutritional quality of Córdoba households. It found an increase in the consumption of cheaper but less nutritious foods and a significant drop in the consumption of vegetables, fruits, and meats, affecting between 30% and 62% of surveyed households.

This worsens an already concerning situation, where a lack of essential nutrients coexists with malnutrition due to excess critical nutrients. As a result, non-communicable chronic diseases (NCDs) are rising at increasingly younger ages and in more vulnerable sectors, representing the leading cause of death at 73.4%.

What does the bill presented in Córdoba propose?

In this context, the Healthy Eating Promotion Bill, driven by Fundeps and the Córdoba Association of Nutritionists, seeks for the province to take an active role in monitoring and enforcing front-of-package labeling and restrictions on the advertising, promotion, and sponsorship of unhealthy foods. It also expands these regulations to spaces under provincial and local jurisdiction. In addition, it strengthens components related to healthy school environments and public food procurement.

Regarding advertising, the bill restricts the marketing of unhealthy products at points of sale—such as kiosks or supermarkets—and in public spaces. It also defines what constitutes advertising aimed at children and adolescents, addressing a major gap in the national legislation. In this way, the text provides stronger protection of the right to information and adequate nutrition in the face of aggressive marketing strategies that encourage the purchase of products harmful to health.

As for school environments, the bill establishes mandatory food education content in schools and provides training for teachers, kitchen staff, and the entire educational community. It also mandates that educational institutions be free of unhealthy products. This applies both to foods available for sale (kiosks and cafeterias) and to the menus offered in public and private school cafeterias.

In this regard, the bill formalizes a nutritional framework for PAICor food programs, in line with national recommendations, aiming to ensure a greater supply of healthy foods—such as fruits, vegetables, and meats—across all its management systems. It also promotes sourcing part of the fresh foods from family, peasant, and Indigenous agriculture.

On public procurement, the bill incorporates the national law’s criteria and prioritizes the purchase of healthy foods in all types of contracts and food programs, setting a minimum percentage of fresh foods. This priority becomes absolute when the recipients are children and adolescents. This is particularly relevant today, as many food programs previously managed by the national government are now being shifted to provincial and even municipal administrations.

Another strong point of the proposed regulation is the creation of a Healthy Eating Observatory with the participation of civil society to ensure monitoring, transparency, and public access to information on the law’s compliance and the population’s nutritional health status.

Finally, the bill acknowledges the role of local governments and municipalities in its implementation, encouraging them to adopt the necessary measures to ensure compliance with the proposed standards.

An opportunity for all of Córdoba society

This bill represents a concrete opportunity for Córdoba to take national leadership in the comprehensive protection of the rights to health, adequate nutrition, and consumer information—especially for children and adolescents throughout the province. In the face of a worsening food crisis, it is urgent to act decisively to guarantee public policies that prioritize health and the right to information over commercial interests.

Fundeps and the Córdoba Association of Nutritionists invite legislators, provincial and municipal executive authorities, social organizations, educational communities, and citizens in general to support this bill so that healthy eating is not a privilege but a reality on every table and in every school in Córdoba.

Today, more than ever, advancing a provincial healthy eating law is an urgent necessity.

Author:
Nayla Palacios

Contact:
Maga Ailén Merlo Vijarra – magamerlov@fundeps.org

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Historic: The Inter-American Court recognizes the human right to a healthy climate

Advisory Opinion 32-25 of the Inter-American Court of Human Rights (IACtHR) established the scope of States’ obligations in protecting human rights in the face of the climate emergency. It was issued in response to the request made by Chile and Colombia and was the most participatory process in the history of the institution. Along with other civil society organizations, we contributed arguments that are now reflected in this historic ruling.

On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) published Advisory Opinion 32-2025 on the climate emergency and human rights, recognizing the right to a healthy environment and climate, the rights of nature, the climate emergency, and States’ obligations in that regard.

This Advisory Opinion was issued in response to a request from Chile and Colombia for the Inter-American Court to clarify the obligations of States in the face of the climate emergency within the framework of international human rights law.

What is an advisory opinion?

An Advisory Opinion is the means by which the Inter-American Court of Human Rights responds to inquiries from member States of the Organization of American States (OAS) regarding the compatibility of domestic norms with the American Convention on Human Rights; and the interpretation of the Convention or other treaties related to the protection of human rights in the Americas.

Why is Advisory Opinion 32-25 important?

Advisory Opinion 32-25 explicitly recognizes the climate crisis and frames it within the context of a “triple planetary crisis” caused by the interconnected and reinforcing effects of three concurrent phenomena: climate change, pollution, and biodiversity loss. In the Court’s words, this triple crisis “threatens the well-being and survival of millions of people around the world.”

It notes that the magnitude of climate change impacts is undeniable, interconnected, and rapidly evolving. The Court places special emphasis on the disproportionate impact of the climate crisis on people in vulnerable situations: “The poorest and most unequal regions of the world are more vulnerable to experiencing the most severe consequences of climate change precisely because their livelihoods are more climate-sensitive, they have fewer resources and less capacity to cope with these consequences, have limited access to basic services and resources, often face greater governance challenges, and are more likely to experience violent conflict.”

Based on this, the Court concludes that this climate emergency can only be adequately addressed through urgent and effective mitigation and adaptation actions and a shift toward sustainable development, articulated with a human rights perspective and grounded in the paradigm of resilience.

In this regard, the Court sets out a series of obligations for both States and businesses, while also recognizing the rights of citizens. These obligations are organized around four main pillars:

  1. Human rights obligations in response to the climate crisis

The Court states that States must take all necessary measures to reduce risks related to climate degradation and its consequences. To do so, they must act with reinforced due diligence, which includes: identifying and assessing risks; adopting proactive and ambitious preventive measures to avoid the worst climate scenarios; using the best available science in the design and implementation of climate actions; continuously and adequately monitoring the effects and impacts of the measures taken; ensuring transparency and accountability in climate matters; and appropriately regulating and supervising corporate due diligence. Additionally, States must cooperate with one another in good faith to advance the respect, protection, and progressive realization of human rights that are threatened or affected by the climate emergency.

  1. Obligations arising from the recognition of fundamental rights

The Court expressly recognizes the right to a healthy environment, which is fundamental to humanity’s existence and, when violated, may directly or indirectly affect individuals due to its connection with other rights such as the right to health, personal integrity, and life, among others. Connected to this right, it also recognizes the right to a healthy climate, which means that every person should be able to develop within a climate system free from dangerous human interference. It especially highlights the rights of present and future generations of humans and other species to maintain a climate system suitable for ensuring their well-being and the balance among them.

In a novel development, it also recognizes nature and its components as rights-bearing subjects, stating that States have the positive obligation to ensure the protection, restoration, and regeneration of ecosystems.

Furthermore, the Court emphasizes that States must safeguard and guarantee the realization of other rights that are threatened or affected by climate impacts, such as the rights to life, personal integrity, health, private property, housing, freedom of residence and movement, water, food, work, social security, culture, and education. It also affirms the obligation to reduce greenhouse gas emissions and promote a transition toward sustainable development.

  1. Obligations stemming from democracy and procedural rights

The Court stressed the need to ensure that, in the context of the climate emergency, decisions are made in a participatory, open, and inclusive manner. To that end, States must guarantee the rights of access to information, public participation, access to justice, and the protection of human rights defenders in environmental matters.

It also underscores the importance of the right to science and the recognition of traditional, ancestral, and local knowledge, as well as the role of Indigenous women in the preservation of ecosystems.

  1. Obligations arising from the principle of equality and the prohibition of discrimination

The Court identifies the following groups as especially vulnerable to the climate crisis: children and adolescents; Indigenous, tribal, Afro-descendant, peasant, and fishing communities; women, persons with disabilities, and older adults. These populations are more dependent on ecosystems that are exposed to the effects of climate change and extreme weather events. Their vulnerability is particularly acute when they are also in situations of multidimensional poverty.

In this context, the Court held that States must gather all necessary information to design and implement policies and strategies that ensure these individuals have access to goods and services to lead a dignified life in the context of the climate crisis. The Court also emphasized that measures taken as part of a just climate transition should not worsen multidimensional poverty but instead be used as an opportunity to include these populations and enable them to fully enjoy their rights.

The Key Role of Civil Society Organizations

The outcome of this advisory opinion was reached following one of the most important consultative and participatory processes in the history of the Inter-American Court of Human Rights, during which 263 submissions were received from over 600 actors, including States, international organizations, state institutions, communities, civil society organizations, academic institutions, businesses, and individuals.

At Fundeps, we were part of this participatory process through an amicus curiae submitted together with more than 15 civil society organizations, elected Public Representatives from the Escazú Agreement, and communities in resistance, contributing various arguments that are now reflected in this ruling. We also supported the participation of Luisa Gómez from the CIEL Foundation, Silvia Cruz, and Maria Rosa Viñolo from Vecinas Unidas en Defensa de un Ambiente Seguro (VUDAS), who presented, on behalf of the amicus, during the hearing held on May 27, 2024, in the city of Manaus, Brazil, as part of this process.

Undoubtedly, this Advisory Opinion is an unprecedented step forward in the protection of human rights in the face of climate change. At Fundeps, we hope it inspires countries across the Americas to take urgent, just, and nature- and people-respecting actions.

Author:
Ananda Lavayen

Contact
Laura Carrizo, lauracarrizo@fundeps.org

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The VUDAS fight crosses borders: the IACHR analyzes the case for human rights violations in Córdoba

Fundeps, together with the United Neighbors in Defense of a Healthy Environment (VUDAS), submitted a petition to the Inter-American Commission on Human Rights (IACHR). The goal is for this international body to assess the responsibility of the Argentine State regarding the illegal operation of the company Porta Hnos. S.A. in the San Antonio neighborhood of the city of Córdoba. Recently, the IACHR notified that the petition is in the “admissibility” stage, and the Argentine State must submit relevant information before July 25.

In April 2024, the Foundation for the Development of Sustainable Policies (Fundeps), together with the United Neighbors in Defense of a Healthy Environment (VUDAS), submitted a petition to the Inter-American Commission on Human Rights (IACHR). The purpose of the petition is for the IACHR to become aware of the violation of fundamental rights resulting from the illegal operation of the company Porta Hnos. S.A. in the San Antonio neighborhood of the City of Córdoba, and to assess the responsibility of the Argentine State in this regard.

Over the course of these 13 years of struggle, VUDAS has filed numerous administrative complaints and legal actions at various levels of government, supported by solid independent studies that prove the serious damage caused to the environment and the health of families in the neighborhood. However, to this day, they have not received any solutions from local authorities. That is why we decided to bring their case before this international body.

Recently, we were notified that the petition has moved to a new stage in the process: the admissibility stage. This means that the IACHR considers the petition to meet the formal requirements and is ready to be analyzed in depth. To that end, it has requested information from the Argentine State, which must respond within four months of the request being sent—by July 25. Reaching this stage is of great importance, as only a small number of the thousands of petitions the IACHR receives annually make it this far.

In the petition, we request that the competent authorities be required to:

  • Adopt the necessary measures to stop the pollution caused by Porta Hnos. S.A.

  • Order the immediate relocation of the plant located at Avda. Valparaiso 4850, City of Córdoba, outside the urban area of the city, in compliance with current environmental legislation.

  • Take all necessary measures to identify and remediate the environmental damage caused by the plant’s operations.

  • Provide free medical and psychological assistance to those affected by the environmental pollution.

  • Order the creation of a Community Development Fund to be financed by the company.

All of this is within the framework of the serious pollution caused by the company’s operations, which affects the community’s rights to health, a healthy environment, a dignified life, and citizen participation, among others, for those living near the bioethanol plant.

A company that breaks the law with state backing

Over all these years, the company has failed to comply with the Environmental Impact Assessment procedure, despite it being a mandatory legal requirement for this type of industry and having been ordered by at least four court rulings at different levels. Even more serious is the fact that this noncompliance is not only due to the company’s refusal, but also because the Ministry of Environment and Circular Economy itself has refused to require the company to carry out the assessment.

In this context of state absence and neglect, progress in this international instance represents an opportunity to seek justice for all the environmental and social harm caused by the company. It also represents a renewed push in the sustained struggle of VUDAS, supported by Fundeps, which motivates us to continue forward with the same commitment to access to justice and environmental democracy. As well as for a more just, equitable, and sustainable society, based on public policies that guarantee the human rights of all people.

Author:

Ananda Lavayen

Contact:

Laura Carrizo, lauracarrizo@fundeps.org

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Latin American organizations urge the Asian Bank to fulfill its commitment to sustainable development.

As the Asian Infrastructure Investment Bank (AIIB) holds its annual meeting in Beijing this week, Fundeps, along with partner organizations from Latin America and other regions, supports the call for this institution to fulfill its promise to promote inclusive, environmentally sustainable development with effective civil society participation.

In an open letter (available here) to AIIB President Jin Liqun, a group of Latin American organizations presented a series of observations and proposals on how the Bank can better support initiatives to address the climate, environmental, and economic challenges affecting the region by developing a more strategic approach, supporting innovative strategies in the transport sector, and promoting a just energy transition, based on greater transparency and strengthening civil society participation.

The open letter, which is also supported by partner organizations in Europe and other regions, highlights the need for a new paradigm that guides infrastructure investments to effectively promote transparent, sustainable, inclusive, and climate-resilient infrastructure, moving beyond the conventional approach focused on top-down, planned, and imposed megaprojects. According to the Latin American civil society organizations, “new infrastructure should not negatively affect ecosystems or the habitats of local populations, especially the most vulnerable and marginalized groups… On the contrary, infrastructure investments should prioritize the quality of life of local communities and guarantee the integrity of ecosystems.”

“We have no doubt that incorporating the perspective of civil society in a structured manner can help the Bank identify integrated solutions better aligned with its climate commitments, anticipate social and environmental risks at an early stage, and improve the results of its interventions in the region,” said Daniel Lopes Faggiano, Executive Director of the Maíra Institute and co-author of the public statement. In the open letter, we conclude by noting that establishing spaces that promote the participation of civil society organizations could become a transcendental legacy of the outgoing AIIB President, Jin Liqun, whose term expires in January 2026.

About the Asian Infrastructure Investment Bank (AIIB)

The AIIB was established in 2016 under the leadership of China, with the aim of promoting infrastructure projects in Asia and other regions of the world. The Bank began operations with 57 founding members, an initial capital of US$100 billion, and its headquarters in Beijing. It currently has 110 members, of which 100 are “full members”—both regional members from Asia and Oceania and other regions—and 10 potential members. Full members from Latin America include Argentina, Brazil, Chile, Ecuador, El Salvador, Peru, and Uruguay.

 

More information

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

 

Communities and civil society advocate to influence the BID meeting in Chile

At the BID’s 2025 Annual Meetings in Chile, organizations and communities affected by projects financed by the institution are demanding greater transparency, participation, and respect for human rights and the environment, in response to the impacts of megaprojects in the region.

“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”.

Chile is hosting the sixty-fifth Annual Meeting of the Boards of Governors of the Inter-American Development Bank (IDB) and IDB Invest. The event began on March 20 in Punta Arenas, Magallanes, as part of the Investment Forum and the meeting of authorities, and continues in Santiago until March 30. It brings together the Ministers of Economy, Treasury, and Finance of the Bank’s 48 member countries, who define the main financing policies and strategies for the region.

In this context, communities affected by IDB-financed projects and civil society organizations are organizing to present our demands and highlight the resistance to the development model promoted by the institution.

The main demands include:

  • Full and understandable access to information about projects and their impacts
  • Effective participation of affected communities in decision-making
  • Protection of human rights and nature defenders to avoid retaliation
  • Financing aligned with climate justice and human rights
  • Guaranteeing the prevention, mitigation, and reparation of harm caused by their investments, through policies or frameworks for remediation and responsible exit

For years, resistance networks have denounced the harmful effects of projects financed by the BID and other Multilateral Development Banks (MDBs). Wind farms, lithium and copper mines, and mega-infrastructure projects have transformed ecosystems and ways of life without consultation or consent from affected communities. In Punta Arenas, the site of pre-Annual Meetings activities, opposition is growing to green hydrogen mega-projects, promoted without real public debate or consideration of Indigenous and local rights.

The BID Working Group, a network of civil society organizations of which we are a part, has been key in opening up advocacy spaces within the Annual Meetings. Thanks to their pressure, the Bank committed to reintroducing civil society participation in 2023, having eliminated it in 2013. The 2025 edition in Chile is a crucial opportunity to strengthen coordination among affected communities and reinforce advocacy strategies to challenge the BID’s role in the region.

The Voice of Communities and Organizations

  • On a Just Energy Transition and the Protection of Indigenous Peoples and the Environment:

“They need to study the places where they promote projects and who lives there. They should take the time to understand local customs and ways of life. It is not right for them to arrive in a place and disrupt communities that are used to living in peace, caring for and protecting nature and biodiversity.” — Spokesperson for the Chango People, Antofagasta (requested anonymity)

  • On the IDB’s Access to Information Policy:

“The BID must ensure effective and timely access to information about the projects it finances so that affected communities and populations can fully understand the status of a given project and participate in decision-making in an informed manner.” — Gonzalo Roza, Coordinator of the Global Governance Area, FUNDEPS (Argentina)

  • On the Protection of Civic Space:

“Multilateral Development Banks (MDBs) have a responsibility to respect human rights in their operations and to use their influence to ensure that their clients—governments and companies—create and maintain an enabling and safe environment for the exercise and defense of those rights. The BID Group must guarantee the effective implementation of its policies and improve its practices to fulfill this responsibility, ensuring they are systematically enforced.” — Suhayla Bazbaz, Director, Community Cohesion and Social Innovation–CCIS (Mexico)

  • On Remedy and Responsible Exit:

“Repairing the harm caused by the projects it finances must be a priority for the BID Group. It is time for the Bank to be at the forefront of best practices and policies, following the example of other development banks. The International Finance Corporation (the private sector arm of the World Bank) has already published its Responsible Exit Principles and is about to approve the Remedy Framework—two instruments aimed at preventing, mitigating, and repairing the harm caused by its investments. Like any financial institution, the IDB has the responsibility to remedy the harm inflicted on communities and the planet.” — Luisa Gómez, Senior Attorney, Center for International Environmental Law–CIEL (United States)

 

Agenda for Resistance and Advocacy in Chile

Civil society organizations and affected communities have outlined an action plan that includes:

  • Workshops and meetings in Santiago and Punta Arenas with local organizations, affected communities, and strategic allies to analyze the IDB’s impact on the energy transition and development financing.

  • A public discussion on the role of development banks in a just energy transition, as well as Chile’s case in the green hydrogen and mining industries.

  • Advocacy activities during the Annual Meetings aimed at creating spaces for dialogue with BID representatives and other key stakeholders.

  • Engagement with local and international networks to strengthen resistance strategies and globally highlight the impacts of projects promoted by the Bank.

The fight of communities against extractivist projects promoted by the BID is not new, but in a context where financing for strategic sectors such as energy and mining is expanding, amplifying our voices and demanding a just energy transition is more urgent than ever—one that prioritizes community rights and territorial protection.

Contact
Gonzalo Roza, gon.roza@fundeps.org

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Serious setback for judicial independence and institutional quality in the Supreme Court

The decision of the Executive Branch to appoint two men to the Supreme Court of Justice of the Nation by decree, without the agreement of the Senate and through appointments on commission, constitutes an undue advance by the president over the Legislative Branch, a serious attack on judicial independence and a clear offense to the duty to guarantee gender equality in the highest court, which seriously impacts its legitimacy and institutional quality.

“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 appointment made by Decree 137/2025 deviates from the procedure established by the Constitution, and constitutes a clear abuse of a controversial power of the Executive to “fill vacancies in positions that require the approval of the Senate and that occur during its recess” by decree. The aggravated two-thirds majority provided for by the National Constitution to give agreement to the proposal of candidates is intended precisely to prevent the representative of a single political party from being able to appoint a judge. The division of powers is at the very essence of our republican system of government, and can never be overridden by not reaching political agreements regarding particular candidates. The Senate has the power not to give agreement when it considers that the conditions for proceeding with an appointment are not met, that is precisely what the Constitution orders it to do. Silence in no way enables an institutional abuse of this magnitude.

Furthermore, moving forward in this direction ignores the many citizen objections expressed during the public evaluation process of the candidates, which was enabled in compliance with Decree 222/03. The various objections raised the issue of the candidates’ lack of suitability and independence, as well as concerns about some of their views, and raised concerns about the fact that only three women, compared to 104 men, managed to reach the position of Supreme Court judge in its entire history, emphasizing the constitutional and conventional duty of the Executive Branch to nominate women who had the highest qualities to occupy the position.

Constitutional rules do not exist as a mere formality, but as a mechanism to safeguard the balance of powers. Bypassing the constitutional process for the appointment of judges compromises the legitimacy of the Supreme Court, by leaving two of its five members in a temporary and precarious situation, which exposes them to pressure and affects their credibility among citizens.

The search for political consensus for the integration of the Court is essential for its legitimacy and key to the legal security on which social and economic progress is based. Furthermore, if the concern is the efficient functioning of the Court with only three members, this court has the necessary institutional mechanisms to function in this way until its due and necessary integration.

The judiciary, especially the Supreme Court, must be a pillar of respect and trust for society. Argentina does not deserve a court appointed by decree, nor a justice system that disregards the value of independence and impartiality.

 

Abogados y Abogadas del Noroeste Argentino en derechos humanos y estudios sociales (Andhes)
Amnistía Internacional
Área Salud, Economía y Sociedad de CEDES
Asociación Civil Líbera, abogacía feminista
Asociación Civil por el Cumplimiento de los Derechos Humanos (ACuDH)
Asociación Civil por la Igualdad y la Justicia (ACIJ)
Asociación Pensamiento Penal
Asociación por los Derechos Civiles (ADC)
Asuntos del Sur
Campaña Gqual
Católicas por el Derecho a Decidir
Centro de Estudios Legales y Sociales (CELS)
Centro por la Justicia y el Derecho Internacional (CEJIL)
Colectiva Feminista La Revuelta, Neuquén, Patagonia Argentina
Democracia en Red
Directorio Legislativo
Equipo Latinoamericano de Justicia y Género (ELA)
Foro Pampeano por el Derecho al Aborto Legal, Seguro y Gratuito
Fundación Ambiente y Recursos Naturales (FARN)
Fundación Mujeres en Igualdad
Fundación Mujeres x Mujeres
Fundación para el desarrollo de políticas sustentables (Fundeps)
Fundación para el Estudio e Investigación de la Mujer (FEIM)
Fundación Poder Ciudadano
Fundación Sergio Karakachoff
Fundación Sur
FUSA AC
Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
Laboralistas Platenses
Liderar Mujer
Multi-Palabras Santa Fe
Programa Género y Derecho, Facultad de Derecho, UBA
Red de Profesoras de Derecho, UBA
Red de profesoras, Facultad de Ciencias Jurídicas y Sociales, UNLP
Red Mujeres para la Justicia
Salta Transparente

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Health at risk: government decisions that affect us

The recent decisions of the national government put the health of the population at risk. Argentina’s possible withdrawal from the WHO weakens its ability to access funding and technical cooperation based on scientific evidence. This announcement is part of a context of cuts, flexibility and deregulation of health policies that benefit large corporations at the expense of public health.

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

1 – Argentina is moving away from international health standards

  • If Argentina withdraws from the WHO, its access to technical cooperation, financing and evidence-based recommendations on health matters could be weakened.
  • The WHO, among other things, is the main body for coordinating and promoting regulations for the prevention of non-communicable diseases (NCDs), such as malnutrition, diabetes, cardiovascular diseases, COPD, and certain types of cancer, which are directly associated with the consumption of ultra-processed products and tobacco and nicotine.
  • Argentina’s withdrawal from the WHO therefore weakens its access to technical cooperation, financing and evidence-based recommendations on health matters.
  • It also affects our country’s ability to be part of global strategies to combat the tobacco epidemic. The WHO is the governing body of the Framework Convention on Tobacco Control, a global public health treaty that promotes comprehensive policies based on the best scientific evidence.

2 – Relaxing front labelling benefits industry, not the population

  • The Law on the Promotion of Healthy Eating is a major step forward in protecting the right to information and healthy eating. However, provisions 11362 and 11378 recently passed by ANMAT reduced the standards for applying warning labels on packaging of ultra-processed foods, allowing products with high levels of sugar, sodium and saturated fats to avoid the black labels.
  • These changes are not based on scientific evidence, but rather respond to pressure from the food industry, which implies a regression of acquired rights: it generates confusion in the population and affects the ability to make informed decisions about how we want to eat, negatively impacting health.
  • As the State reduces its capacity to protect the health of the population, large corporations gain more freedom to sell less healthy products, with fewer controls and without proper information. More freedom for companies, less freedom for citizens.

3 – Less public health

These decisions by the national government deepen the crisis in the health system, which is affected, among other things, by:

  • Budget cuts across the public health system affecting hospitals, health programs, and the purchase of medicines and basic supplies for health centers, leading to shortages and reduced services.
  • The closure of programs and mass layoffs have left key initiatives for the prevention and treatment of chronic diseases, mental health, and free distribution of medicines without funding.
  • The reduction in health personnel and the weakening of the Ministry of Health have overloaded the system, affecting care and access to treatment, which worsens the health crisis and particularly harms health personnel and those who depend on the public system for medical care.

4 – Who benefits from these measures?

  • The relaxation of front-of-package labelling and the withdrawal of the WHO do not respond to a logic of efficiency, but to a deregulation strategy that favours the most powerful economic actors.
  • The weakening of public health policies that seek to prevent diseases harms people’s quality of life and overloads the health system.
  • While access to health care is being affected by the population, the food and tobacco industries are gaining strength, achieving more lax regulations that allow the marketing of products without clear warnings.
  • With these decisions, Argentina not only weakens its internal regulations, but also moves away from the global health goals established in the UN Agenda 2030 regarding the promotion of healthy eating, zero hunger and the fight against the tobacco epidemic.

 

Conclusion: Less State, more privileges for the big monopolies, fewer rights for the population.

The right to health and information are at risk. Argentina’s announced withdrawal from the WHO, the relaxation of front-of-package labelling, and cuts in supplies and health personnel are different aspects of the same strategy to weaken public health policies.

At Fundeps, we urge that these decisions be reversed and regulations be put in place to protect the health of the entire population.

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We participated in the 13th United Nations Forum on Business and Human Rights

On November 25, 26 and 27, we participated in the 13th United Nations Forum on Business and Human Rights, which took place at the United Nations headquarters in Geneva.

“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 United Nations Annual Forum on Business and Human Rights is the platform for multilateral dialogue that assesses the progress of States and companies in implementing the three fundamental pillars of the Guiding Principles on Business and Human Rights (GHR): Protect, Respect and Remedy. In this way, every year it brings together key actors from governments, international organizations, civil society and companies, creating a broad space for dialogue.

The 13th edition of the forum, entitled “Making the ‘Smart Mix’ for Human Rights in Business Effective”, presented the perspectives of different stakeholders on how to implement a “smart mix” of national, international, voluntary and mandatory measures to strengthen the protection and respect for human rights in business activities. It analysed what has worked so far and what has not, highlighting what is still needed to make the changes proposed by this approach effective, especially for rights holders. The forum also sought to highlight positive practices that have enabled progress in the protection of human rights in the actions of States, companies and other actors.

Among the key themes reflecting important challenges, the Just Energy Transition was highlighted, where the need for companies to implement sustainable practices in a concrete manner and backed by verifiable commitments was discussed. In addition, the importance of recognizing indigenous communities as fundamental actors in the protection of their lands and resources was highlighted, although significant challenges persist in ensuring that their rights are effectively respected in the face of business activity. In this context, the role of development financial institutions was also addressed, emphasizing their responsibility to ensure that the projects they finance comply with human rights standards. Finally, Strategic Climate Litigation was mentioned, which has gained relevance as a tool to hold companies accountable for their negative impacts on climate change and human rights.

One of the key messages that civil society wanted to highlight during the forum was that the protection of human rights should not be seen only as a legal obligation, but as a collective responsibility. Governments, international organisations, civil society and businesses must work together to overcome challenges and achieve meaningful change.

 

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Author

Julieta Boretti

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Necessary debates: Fundeps held a discussion on the Energy Transition in Argentina

The event organized by Fundeps (Foundation for the Development of Sustainable Policies), CAUCE Foundation (Environmental Culture – Ecological Cause), FARN (Environment and Natural Resources Foundation) and Siglo 21 University, held on November 11, was a meeting of analysis and debate on the main challenges facing Argentina in the context of the global energy transition.

“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 event, which was held in a discussion format, was organized into thematic panels, one of which was: “The role of China, multilateral banking and transnational corporations in the Argentine energy transition” with the participation of Dr. Virginia Busilli and Lic. Maitén Fuma (UCC), Valeria Enderle (CAUCE Foundation), Francisco Zanichelli (UNC) and Carolina Juaneda (Bank Information Center), moderated by Matías Cena Trebucq (FARN). The second panel, “The challenges of lithium exploitation in Argentina in a context of investment incentives and environmental deregulation”, was hosted by Edgardo Litvinoff (Red RUIDO), María Laura Carrizo Morales (Fundeps), Leandro Gómez (FARN), Federico Trebucq (UES21, CONICET), moderated by Paula Hernández (Fundeps).

On this occasion, Fundeps also presented the report “The exploitation of lithium in the high Andean salt flats: a socio-environmental analysis based on the Argentine case”, which aims to comprehensively address the different conceptual, legislative and discursive perspectives and components that intervene in this context of global energy transition. It also addresses the consequent acceleration in the demand for lithium in our country and region for an informed discussion.

Not every energy transition is a fair energy transition

The race to control the supply chain of so-called critical minerals, or minerals for the energy transition, opens a new chapter in the global geopolitical dispute. Countries in North America, Europe, and Asia, particularly China, are competing not only to dominate the technologies of the final products, but also for access to the deposits of these minerals. At the same time, it is evident that the search for developing “green solutions” is the politically correct narrative today, but is there really progress towards a fair energy transition in social and environmental terms? What roles do the global south and the global north adopt in this new “green” dynamic? What place do communities have in this process? These were some of the questions addressed in the discussion.

Argentina is today the world’s fourth largest producer of lithium and has approximately 50 projects in different phases. With the focus on generating foreign currency required to repay the external debt, provincial and national governments prioritize these investments without carrying out the corresponding studies to determine whether the operations can be carried out without causing irreversible damage to the environment and the communities that have lived there for hundreds of years. The loss of biodiversity, ways of life, knowledge and Andean cultures not only turns these territories into sacrifice zones for the hyper-consumerist model of the Global North, which does not seek to reduce its demand for minerals and nature, but also reinforces existing inequalities and blocks the possibility of thinking about a paradigm shift that places the care of the lives of people and ecosystems at the center, and that teaches us to live within planetary limits.

Undoubtedly, the consequences of the increased demand for lithium extraction and production in this “green race” generate debates of a social, environmental, legal, discursive and ideological nature, as the different meanings and objectives of the different actors involved come into dispute. During the more than two hours that the discussion lasted, experts and representatives of civil society, academia and journalists from Córdoba and other provinces debated and exchanged their opinions on the impact of lithium mining on the environment, the economy and local communities, making it clear that not every energy transition is a fair energy transition and that the extractivist logic reproduces the historical roles of the countries of the Global North and South and also replicates extractivist practices and human rights violations of local and indigenous communities, while reinforcing the vicious cycle of continuing to exploit nature.

 

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Contact

Gonzalo Roza, gon.roza@fundeps.org

Fundeps celebrated 15 years promoting human rights

This Friday, November 22, the Es por acá Festival took place at the Teatro Griego. More than two thousand people shared an afternoon of encounter, reflection and action for human rights. The day, which included the participation of activists, artists and organizations from Cordoba, ended with pure dancing with Sabor Canela, Soul Bitches and Dj Santa Rita.

“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 Foundation for the Development of Sustainable Policies (Fundeps) is a non-profit organization from Córdoba that has been working to guarantee human rights since 2009. Last Friday, November 22, it celebrated its 15th anniversary with the Festival es por acá (It’s Over Here Festival) at the Greek Theater in the City of Córdoba. More than two thousand people shared an afternoon of encounter, reflection and action for human rights.

On the stage of a packed Greek Theatre, and before the musical closing by Sabor Canela, the executive director of Fundeps, Mayca Balaguer, stressed the importance of daring to “imagine another world, another country and another Córdoba, better, more dignified and respectful of human rights” despite the difficulties.

“This festival is a celebration, yes, but also a reminder: what we do matters. It matters when we manage to give women and the diverse people of this country more tools to confront violence and access their rights. It matters when we get genuine commitments from the province to care for the environment and prevent diseases. It matters when we accompany communities in their struggles for water, for land and for life,” she said.

She also highlighted that the struggle and work of these 15 years was possible thanks to networking, alliances with friendly organizations, with communities and with all the people who joined. Some of these organizations, such as the Asociación Civil Amigos de la Reserva San Martín, VUDAS (Vecines Unides en Defensa de un Ambiente Sano) and the Mesa por la Emergencia Alimentaria Córdoba, were part of the Festival Es por acá, making their work and activism visible at the Feria de Comunidades en Lucha.

In addition, those who came were able to visit the Otras Economías and Cocina Soberana fairs to buy books, notebooks, clothing, accessories, plants, natural cosmetics, delicious and healthy food, among other products from different self-managed enterprises in Córdoba. Fundeps seeks to strengthen enterprises that are based on principles such as solidarity, equity, decent work, cooperation, ecological sustainability and the fair distribution of wealth.

Leaders in Struggle

In a context where the defense of human rights is becoming increasingly urgent, the afternoon began with our Leaders in Struggle discussion. Moderated by Mimí Luz Argüello Lobo, teacher and designer, activists from different spaces reflected from their experience on mental health and care; digital advocacy strategies; the importance of networks and the value of the collective.

“I don’t know if there was a moment when I chose to be an activist. I think life made me fight for my own rights and that has made the path become clearer as I go. Today I am part of a wonderful collective,” shared Santiago Merlo, a trans activist and president of the La Casita Trans Civil Association.

Camila Gomez Parodi, a member of Abuelas de Plaza de Mayo and granddaughter of Sonia Torres, said: “My generation is a generation that was born with a lot of rights and we may not recognize all the struggle behind it. So I think that social media is there to have these discussions. But we must not lose sight of the street, which continues to be very important to defend our rights.”

The teacher, philosopher and technician of Indigenous Language and Culture, Juan Cruz Falco, known on the networks as juancito_piedra, shared his experience as a digital activist: “The hate is always there. At first I bothered to answer one by one and then I said no, I don’t even get involved because it consumes your energy. At this moment, emotionality is the last thing that can take us away. When things get personal, it is much darker, it hurts more, that is why it is important to be on social media and take care of yourself.”

“Teamwork is essential for self-care. It was hard for me to delegate and when I learned it was the best thing that could have happened to me. Today I am grateful for it and I feel cared for. Laughing, hugging, accompanying each other, working as a team, giving and giving affection is the healthiest thing,” reflected Ruth Ahrensburg, founder of the ConVoz Association, an organization with more than 30 years of experience supporting women in situations of gender violence.

More than an organization, a plot

Luis Sencillo livened up the afternoon from the stage; Estalla serigrafía multiplied the hope on t-shirts and patches; while children were able to learn and have fun in the Space for Children and enjoy the traveling circus with their families, led by Mundo Púrpura. Music by Sabor Canela, Soul Bitches and Dj Santa Rita completed an afternoon of encounter and celebration.

The festival was also an opportunity to recognize the work and commitment of all the people who were and are part of this collective history. That group of friends who paved the way 15 years ago: César Murúa, Juan Carballo, Leandro Moscardó, Ana Carballo, Candelaria Negri, Pablo Bollati and Juan Martín Camusso. Those who, at the head of the executive management, had the challenge and responsibility of making strategic decisions, even in times of crisis, leading and caring for the team: Carolina Tamagnini, Virginia Pedraza and Juan Carballo. The members of the Board of Directors, Ale Galván, Mili Pioletti and Mariana Paterlini, who, even from a distance, listen to, support and guide the foundation in the major decisions with rigorous strategic criteria and, above all, with love and empathy.

The work of Fundeps would not be possible without the team of volunteers who, with all their might, when they leave work or class, contribute their time, their ideas and their action to all the causes that mobilize us. And of course the 24 people who combine activism and work, who assume the daily commitment to contribute to the construction of a more just, equitable and sustainable society. As Mayca Balaguer expressed: “Fundeps is more than an organization: it is a network. It is a living fabric, which is strengthened with each link, with each hand that is extended and with each story that is added.”

In a context where democratic consensus and human rights are being threatened, Fundeps renews its commitment to collective struggle because hope can also be organized.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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IACHR alert: Argentina must uphold its gender policies to protect human rights

In a historic hearing, the IACHR was informed of the regression of gender policies and access to sexual and reproductive health in Argentina and the State’s failure to comply with its obligations. The economic justification of the cuts by the Government was not accepted by the Commission. Its President and the commissioners present affirmed the existence of gender violence and stressed the need for specific measures to address it. “What is not named does not exist,” they said.

“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 Inter-American Commission on Human Rights of the Organization of American States (IACHR-OAS) summoned the Argentine State on Thursday, November 14, 2024, to its headquarters in Washington DC, to explain the serious regression in gender policies, in policies on sexual and reproductive rights and the lack of compliance with international commitments. Civil society organizations had requested the hearing in order to present evidence of this setback in the rights of women, girls, adolescents and LGBTIQ+ people in Argentina.

During the hearing, the commissioners asked the representatives of the Argentine Government present to provide answers regarding the coordination of public policies without a budget; to specify which programs are still in force and what measures they will take to strengthen the administration of justice in cases of gender violence. The Government did not respond to the Commission’s questions, nor did it mention how it will comply with its commitments. It only limited itself to recognizing the lack of budgetary attribution to these policies as an error and promised to make an addendum to the national budget.

Meanwhile, at the United Nations General Assembly, Argentina was the only country to vote against the prevention of violence against women and girls, with 170 votes in favour and 13 abstentions.

Civil society organizations urged the IACHR to recommend that the Argentine State adopt concrete policies that guarantee compliance with its international commitments and ensure the right of women, girls, adolescents, and LGBTIQ+ people to live free from violence and to guarantee access to sexual and reproductive health services. This hearing was an urgent call to action: our country must stop the dismantling of fundamental policies and resume its commitment to human rights, so that the basic rights of its citizens do not depend on regressive political decisions.

The voice of organizations

In their interventions before the Commission, Amnesty International, the Center for Legal and Social Studies (CELS), the Latin American Team for Justice and Gender (ELA), the Mujeres x Mujeres Foundation and the Foundation for the Development of Sustainable Policies (Fundeps) presented information that shows the serious setback in public policies aimed at addressing and eradicating gender violence, and guaranteeing access to health services, especially sexual and reproductive health.

“Since taking office on December 10, 2023, the current Argentine government has systematically attacked the rights of women, girls, adolescents, and LGBTIQ+ people. It dismantled successful public policies; it discredited, without evidence, the institutions responsible for guaranteeing them; it arbitrarily cut budget allocations and reduced the staff that supported the implementation of public policies through mass layoffs. With these actions, the State is violating current international pacts and treaties,” said Natalia Gherardi, Executive Director of ELA.

The situation is alarming: in the first quarter of 2024 alone, of the 2,462 women who applied for the Acompañar Program, only 434 received help. This represents a 98% decline compared to 2023, leaving women at extreme risk unprotected. In addition, the budget executed for these programs in 2024 only reaches 15%, directly and critically affecting women and diversities facing situations of violence.

Regarding the dismantling of public policies for access to sexual and reproductive rights, Lucila Galkin, Gender Director of Amnesty International Argentina, stated that “the purchase and distribution of supplies has been the responsibility of the National State since the creation of the National Program for Sexual and Reproductive Health in 2002, and by constitutional mandate the Ministry of Health of the Nation has the authority to govern public policy to establish a minimum level of rights throughout the national territory. However, suddenly and for the first time since then, the State has left the provision of supplies to the provinces, without any type of transfer or transition in order to avoid putting women’s lives and health at risk, which results in a context of absolute inequality.”

Contrary to fundamental international principles

The dismantling of public policies contradicts fundamental international principles and treaties such as the Belém do Pará Convention and CEDAW, which oblige the State to actively intervene. “These measures not only put the lives of women, girls, adolescents and diversities at risk, but also perpetuate structural discrimination based on gender and violate the international commitments assumed by the Argentine State in this area,” said Mayca Balaguer of Fundeps.

What is happening in Argentina has an impact beyond its borders. The lack of protection for women and people of different backgrounds in the country creates a precedent that could legitimize setbacks in other Latin American states, putting at risk the advances in human rights that cost a lot of effort to achieve. “Using the excuse of considering human rights as ineffective and ideologically driven, Argentina is moving away from its historical leadership role in the promotion of women’s rights, initiatives against gender violence, and the promotion and protection of sexual and reproductive rights,” said Juliana Miranda of CELS. The IACHR has repeatedly warned that setbacks in one country affect the entire region, weakening joint efforts to prevent and eradicate gender violence.

The organizations requested that the Commission carry out a visit to the country to observe the situation and prepare a report, given the seriousness of the setback. “We appeal to the IACHR’s commitment to urge the protection of the human right to live a life free of violence and discrimination for all girls, adolescents, women and diversities in Argentina,” concluded Soledad Deza, president of the MxM Foundation.

  • Watch the full hearing here.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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What can provinces and municipalities do to combat smoking?

Despite having the National Tobacco Control Law, Argentina faces challenges in addressing the tobacco epidemic in a solid and comprehensive manner. Although the Law is a valuable tool, it is not enough today to deal with the new strategies of the tobacco industry. In this context, the provinces have the opportunity to promote initiatives to complement it, improving health protection standards and tobacco control policies at the local level.

“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”.

Thirteen years have passed since the National Tobacco Control Law was passed, and although it has been an important starting point, in our country 22% of the adult population and 20% of adolescents still smoke, causing almost 43 thousand deaths a year. In addition, the tobacco epidemic costs the health system more than $1.5 billion pesos annually to treat related diseases, and what the State earns from tobacco taxes is not enough to cover even a fifth of this amount.

The National Law establishes the prohibition of smoking in closed spaces, establishes the obligation of health warnings on cigarette packages and determines certain restrictions on advertising, promotion and sponsorship of tobacco products.

However, it is insufficient mainly because:

  1. does not expressly include emerging products within its scope, such as electronic cigarettes and heated tobacco products;
  2. provides limited protection for smoke-free environments and
  3. establishes exceptions to the prohibitions on advertising, promotion and sponsorship.

This implies gaps and grey areas in important areas, which enable the tobacco industry to continue deploying all its marketing strategies, with the aim of normalizing addiction and attracting more consumers, especially children and young people. The most commonly used strategies have to do with advertising and displaying products at points of sale, promotion at mass events and on social networks, and the launching of new products.

It should be noted that, despite not being included as emerging products in the National Law, electronic cigarettes were incorporated into its regulations with Decree 602/2013, after having been totally prohibited by provision 3226/2011 of the National Administration of Medicines, Food and Medical Technology (ANMAT). Later, Resolution 565/2023 also prohibited the import, distribution, marketing, advertising or any form of promotion of heated tobacco products. However, this has not managed to prevent the marketing and increasing consumption of these products, especially among adolescents and young people.

In this context, it is urgent to update, strengthen and expand the existing tobacco control regulations. The National Law must be reformed to achieve greater scope and completely prohibit the industry’s new marketing strategies. However, it is not only the National State that has the responsibility of protecting the health of the population. Provincial States also have a crucial role in the design of public policies that protect health, and can implement effective and comprehensive measures to combat smoking.

In different parts of the country, there are several initiatives promoted by the provinces to complement the National Tobacco Control Law, even advancing in what this law left out and in the grey areas that the tobacco industries have taken advantage of.

These advances occur mainly in three crucial areas:

  1. Incorporating emerging products into laws
  2. Total ban on advertising, promotion and sponsorship, including display at points of sale.
  3. Expanding protection for smoke-free environments.

The inclusion of emerging products in subnational tobacco control regulations is a strategic step to, on the one hand, consider and strengthen in the provinces the protection standards that arise from the national legal framework, in particular provision 3226/11 and Resolution 565/2023. And, on the other, to ensure that the battery of measures provided for traditional cigarettes is also applied to emerging products, especially marketing restrictions and protection of smoke-free environments.

The total ban on advertising that includes the display of products at points of sale is a fundamental measure, since the National Tobacco Control Law expressly authorizes tobacco companies to carry out promotional and advertising actions in these places. Due to their high attendance, they are strategic for exposing people to images and messages that position the habit of smoking as something familiar and attractive. Taking advantage of these legal exceptions, industries have redirected their multi-million dollar investments in marketing – which increase year after year – towards these spaces.

Finally, extending the protection of smoke-free environments means reducing exposure to second-hand tobacco smoke as much as possible, since it is also a risk factor in the development of chronic non-communicable diseases. In this context, extending this protection to all closed public spaces, including work, cultural and sports spaces, transport stations, public and private health and educational institutions, is essential. Also, extending protection to play and recreation areas for children, aerobic stations and other areas for practicing sports in public squares, parks and promenades, becomes key to protecting the health of the population, specifically children, adolescents and young people.

The provinces in action

Over the past 12 years, there has been progress in the approval of subnational regulations that are worth highlighting. La Pampa, Tierra del Fuego and Córdoba managed to approve more comprehensive tobacco control regulations, while provinces such as Entre Ríos and Mendoza, while improving their protection standards, did so only in relation to a specific area of ​​regulation.

La Pampa

La Pampa was a pioneer in expanding the provisions of the National Tobacco Control Law on the prohibition of advertising. Thus, in 2012, it passed Law No. 2,701, which prohibits:

  • All types of direct and indirect promotion and advertising of tobacco products, regardless of the means of dissemination.
  • To the industry, sponsor events and participate in them with advertising clothing.
  • Consuming tobacco products in any enclosed space, whether public or private, and also in any area of ​​health care and educational establishments.

In turn, in 2021, Law No. 3392 included within its scope all electronic devices with or without nicotine administration, and those developed in the future. In this way, the definition of “tobacco consumption” also covers these emerging products. In addition, the display of all products at points of sale was prohibited.

Tierra del Fuego

In 2017, Tierra del Fuego amended its Provincial Tobacco Control Law through Law 1,203. This law completely prohibits advertising, promotion and sponsorship of tobacco products, including the display of products in places of sale. The law also specifically covers electronic cigarettes and heated tobacco products, applying the entire regulatory framework for traditional cigarettes to them.

Córdoba

In 2019, Córdoba approved Law 10,661, which expands Law No. 9113 of the Permanent Provincial Program for the Prevention and Control of Tobacco Use. This regulation contemplates:

  • A complete ban on advertising, promotion and sponsorship of tobacco products, including display at points of sale.
  • Restrictions on electronic cigarettes and similar devices are now being brought into line. Their use in closed spaces and sale to minors under 18 years of age are also prohibited.

Entre Ríos

This province took legislative measures to combat smoking by adhering to the National Law in 2021 and thus repealing Provincial Law 9,862 on Tobacco Control. In this way, the protection of smoke-free environments was improved, while 9,862 contemplated exceptions and allowed smoking in gambling halls.
In turn, this regulation expanded its scope to include not only products made wholly or partially from tobacco, but also electronic devices with or without nicotine administration.

Mendoza

In May 2024, Mendoza incorporated Article 1 bis to Law No. 8382 on adherence to the National Tobacco Control Law, which establishes a ban on smoking in the rooms, balconies and terraces of casinos, expanding the scope of smoke-free environments.

We need better laws and more oversight

In recent years, many provinces have introduced bills to restrict tobacco advertising, expand smoke-free environments, and regulate emerging products. These efforts reflect a continuing commitment to improving the health and quality of life of citizens.

In this context, civil society values ​​the laws passed, as well as the various projects presented, and encourages that these advances at the subnational level be taken from a comprehensive perspective. In this sense, we consider it essential that a single legal instrument can advance with improvements in at least the three aspects mentioned, to achieve a synergy between all the proposed measures, which facilitates their implementation and, above all, contributes to a more effective approach to the tobacco epidemic.

We also understand that issuing regulations is not the only solution if we want to achieve an effective approach to this problem in the country. Adequate oversight and sanctions for non-compliance with the laws are essential for tobacco control policies to have a real impact.

The industry constantly exceeds the prohibitive rules on display at points of sale. It also violates the advertising ban by using shelves and illuminated signs visible from outside the premises, which easily attract people’s attention.

Smoke-free environments, on the other hand, are not always respected, especially in bars and dance clubs. Also, emerging products are often used in these closed spaces, demonstrating the lack of awareness about their dangers. Given this situation, we need to ensure the proper implementation of existing regulations, improving the mechanisms of oversight by the State and facilitating the avenues for citizen complaints.

As can be seen from the examples mentioned, the fight against smoking is not only about complying with the national legal framework, but there are options to go further by taking proactive and comprehensive measures. In this way, we encourage the involvement of all social and political actors so that more and more provinces commit to improving their tobacco control policies, to protect the health and quality of life of their entire population.

Provinces have the power, but also the responsibility, to promote and implement better strategies to combat smoking.

 

Check out the infographic on what provinces can do to stop the spread of smoking here.

 

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Author

Clara Díaz Yofre 

Contact

Maga Merlo Vijarra, magamerlov@fundeps.org