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Actions that transform: see our Annuary 2023

We are proud to share the 2023 Yearbook, a review of our work, achievements and lessons learned over the past year.

During 2023 we carried out a variety of actions. From advocacy meetings and court filings, to research, conferences and workshops, communications campaigns and more. Each action reflects our determination to transform society and defend human rights.

In addition, at the end of last year, we experienced a major change in our leadership. Carolina Tamagnini, who has led Fundeps for the past 4 years, stepped down as Executive Director to join the Board of Directors and in her place, Mayca Balaguer took over as the new Director.

This change marks not only a transition in leadership, but also a moment of institutional strengthening and renewal, consolidating a dynamic team capable of responding to emerging demands, growing both institutionally and in impact.

What began as an initiative in 2009, today has become a solid organization involved in the defense of human rights, and in 2024. We celebrate 15 years!

Because we are confident that the best way to carry out our work is in a network and collectively, we thank the organizations, communities and individuals who were part of these initiatives. We celebrate with you our progress and invite you to get to know the Yearbook 2023: the collective memory of our commitment to a more just, equitable, sustainable and democratic society.

 

VIEW ANNUARY 2023

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Opening of sessions: it is urgent that Congress reject DNU 70/2023

Within the framework of the opening of the ordinary sessions of the National Congress, civil society organizations reiterate our request for treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

“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”.

At the beginning of the ordinary sessions, we remember that Congress has the duty to reject this decree and all those that in the future exceed the constitutional limits, exercising its role within the system of checks and balances, as well as to guarantee a parliamentary debate of quality that ensures robust citizen participation.

The Executive Branch is prohibited from legislating. Although our National Constitution enables it to issue decrees of necessity and urgency (DNU), it only allows it to do so when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the enactment of laws.

Decree 70/2023 does not meet the constitutional requirements for its validity. Sufficient arguments do not emerge from its foundations to account for the circumstances of force majeure that prevent the chambers of Congress from debating each of the reforms included in it, nor is the causal relationship between the identified problems and the measures adequately explained. that are available.

Far from understanding the exceptional nature of the DNU, Decree 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones.

Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity must be determined taking into account their adequacy to the formal and substantial requirements. established by her.

It is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, the economy and finances, among others. These modifications affect the individual and collective rights of millions of people, many of which are already before the courts demanding its suspension and inapplicability for themselves or for the groups they represent.

Today the Legislative Branch is lacking. Therefore, we once again ask you to defend the rule of law and honor the division of powers.

Organizations:

1. Asociación Civil por la Igualdad y la Justicia (ACIJ)
2. Asociación Ecuménica de Cuyo (FEC)
3. ANDHES
4. Campaña Argentina por el Derecho a la Educación (CADE)
5. Coordinadora de Abogadxs de Interés Público (CAIP)
6. Centro de Estudios Legales y Sociales (CELS)
7. Consciente Colectivo
8. Comisión Argentina para Personas Migrantes y Refugiadas (CAREF)
9. Democracia en Red
10. Equipo Latinoamericano de Justicia y Género (ELA)
11. Fundación SES
12. Fundación Protestante Hora de Obrar
13. Fundación Mujeres x Mujeres
14. Fundación Igualdad
15. Fundación Ambiente y Recursos Naturales (FARN)
16. Fundeps
17.Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
18. Jóvenes por el Clima
19.Red argentina de abogacía comunitaria (RAAC)
20.Xumek

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ESI because Yes, guaranteeing Comprehensive Sexual Education is expanding rights

This is the slogan of our campaign that seeks to debunk myths about CSE, promote open debates and provide essential knowledge that allows students to exercise their rights and lead a healthy and fulfilling life.

“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 February 26, students from across the province of Córdoba will begin a new school year. Those who turn eighteen in 2024 will have the same number of years that will be counted in October from the enactment of Law 26,150, known as the Comprehensive Sexual Education Law (ESI). In this return to school, they hope that ESI will finally be implemented in their classes, so as not to continue being part of the 80% of students who consider that it is not applied adequately in their school, according to the data that emerges from a survey carried out by the Huésped Foundation.

“Comprehensive Sexual Education is an inalienable right of students throughout the country who attend both public and private educational establishments, as established by Law 26,150. Although this law has been in force since 2006, its effective compliance has not been achieved and, furthermore, today this right is threatened by strong disinformation campaigns that circulate both in public opinion and in institutional spaces,” explains Mayca Balaguer, executive director. from Fundeps.

Coinciding with the start of classes, at Fundeps we launch the ESI because Yes awareness campaign, with the aim of making adolescents and young people aware that Comprehensive Sexual Education is their right and that it must be guaranteed in all cases. With clear and precise information, the campaign aims to combat false news, myths and hate speech that circulate on social networks, generating confusion and false beliefs about the content and effective practices of the law in schools.

ESI because Yes, is intended mainly for secondary level students in the province, but also for teachers and educational authorities.

“The teaching role is fundamental: teaching sexual education is essential for the eradication of gender violence, the integration of sexual diversity, the prevention of sexual abuse, teenage pregnancy and sexually transmitted diseases, among other issues. ESI is not a gender ideology, but rather a systematic and transversal space for teaching and learning, which ensures the transmission of precise, reliable and appropriate scientific knowledge at each evolutionary stage of the students. Teachers are guarantors of rights,” defines Mayca Balaguer.

In Córdoba, the Provincial Education Law (9870) reinforces adherence to national regulations, both in content and knowledge and in values. However, impediments to its application continue to exist in many institutions. That is why we also bet on networking, together with other organizations committed to the promotion of human rights.

“Guaranteeing ESI is expanding rights. It allows students to be formed who are free in thought and choice, with empathy and the ability to live a full sexuality with respectful bonds, since the very definition of Comprehensive Sexual Education stipulated by Law 26,150 contemplates the articulation of biological, psychological, social, emotional and ethical aspects “, confirms our executive director.

The ESI because Yes campaign will be available on the social networks of Fundeps and allied organizations.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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The National Congress must treat DNU 70/2023 urgently and reject it for violating the National Constitution

Civil society organizations write a letter to legislators asking them to focus on the immediate treatment and rejection of the decree “Bases for the Reconstruction of the Argentine Economy.”

“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 accordance with what is established by the National Constitution, the Executive Branch is prohibited from issuing legislative provisions. However, our fundamental rule allows that exceptionally, and in accordance with certain requirements, the tool of decrees of necessity and urgency (DNU) be used.

These types of decrees are admissible only when there are exceptional circumstances that make it impossible to follow the ordinary procedures provided for the sanction of the laws. That is, the DNUs proceed when the situation is of such urgency that it must be resolved immediately, within a period incompatible with that required by the normal parliamentary procedure.

It is evident that the foundations of Decree 70/2023 do not meet the requirements for the issuance of a standard of this nature. There are no sufficient arguments to explain the circumstances of force majeure that prevent the chambers of Congress from meeting, nor is it proven that the solution required is incompatible with the legislative debate. In fact, before the decree came into force, the Executive Branch called extraordinary sessions, and today Congress is in session. Furthermore, the causal relationship between the identified problems and the measures available is not explained.

Far from understanding the nature of the tool, DNU 70/2023 carries out a massive and systemic legislative reform. Given its magnitude and significance, the regulatory changes included in it can only be discussed by Congress, which is where all political forces are represented, including minority ones. Additionally, it is the legislative debate that provides opportunities for citizen participation, essential for strengthening the democratic system. In this sense, it must be remembered that, as our Supreme Court of Justice pointed out, “the National Constitution does not allow a discretionary choice between the sanction of a law or the more rapid imposition of certain material contents by means of a decree”.

On the other hand, it is essential to highlight that Decree 70/2023 is already in force, projecting itself on substantive aspects of our community life, addressing issues related to health, housing, labor relations, contracts, economy and finance, among others. These modifications affect the individual and collective rights of millions of people, many of whom are already before the courts demanding their suspension and inapplicability for themselves or for the groups they represent.

It is precisely to avoid excesses in the use of the power to issue decrees of necessity and urgency that our Constitution designed a subsequent legislative control process through which its validity or invalidity is determined taking into account the adequacy of these to the established formal and substantial requirements. constitutionally for its dictation.

Having expired the deadlines established in Law 26,122 for the opinion of the Permanent Bicameral Commission, Congress has the duty to rule on the decree. For this reason, we ask the legislators of both chambers of the National Congress to dedicate themselves to its express and immediate treatment, and reject it for not satisfying the constitutional requirements.

The silence, the wait, the calculations associated with political gain imply an implicit endorsement of a conduct that ostensibly goes beyond the contours of our fundamental norm. In defense of the Constitution, the system of checks and balances, justice and legal security, Congress is called to ensure that the Executive Branch operates within the limits of the rule of law. The duty to our National Constitution and to citizens must prevail over any other consideration.

 

Organizations:

  • Asociación Civil por la Igualdad y la Justicia (ACIJ)
  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género
  • Fundeps
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación Ambiente y Recursos Naturales (FARN)
  • Jóvenes por el Clima
  • Hora de Obrar
  • Instituto Latinoamericano de Seguridad y Democracia
  • Asociación Civil para la promoción y Protección de los Derechos Humanos (Xumek)
  • Abogados y Abogadas del NOA en Derechos Humanos y Estudios Sociales (ANDHES)
  • Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
  • Centro para la Implementación de los Derechos Constitucionales (CIDC)
  • Democracia en Red
  • Centro de Políticas Públicas para el Socialismo (CEPPAS)
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Democracy is cared for inside and outside Congress

The forms of deliberation, public demonstration, journalistic work, the restriction of state violence, are all necessary conditions for social and political coexistence within the framework of democracy.

“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 police operation deployed in front of Congress, while it was in session, was violent and excessive, outside the current regulations for action in response to demonstrations. It was organized by the Ministry of National Security, with an excessive deployment of different forces that caused injuries from rubber bullets, irritating gases with an unprecedented capacity for damage, and blows from tonfas. In a historical regression, there were police with firearms, something that had been avoided in all governments more than 20 years ago. The police intimidated older people, left around thirty journalists with injuries of varying severity, and attacked human rights defenders and protesters from different political sectors. Threatening freedom of expression and demonstration, it advanced in the streets, on the sidewalks and in the plaza.

Within Congress, the regulations are violated: days of debate pass on an opinion that is not known, which is being written outside the committees as the sessions progress. These irregularities, in the face of society, deteriorate the institutions. Furthermore, as expressed in the bill, the delegated powers requested by the Executive Branch could impact legislative paralysis and expanded margins of arbitrariness given the vague, general and elusive way in which they are expressed.

The democratic conditions of debate and coexistence are today deeply tense and rarefied. While legislators debate the destiny of the country and its economic and natural resources in record time, the highest officials publish messages that celebrate and encourage police violence and violence by particular groups.

We call on political parties, all authorities with public responsibilities and the different sectors of the community to make an urgent call for respect for the rights that are being violated, for democratic coexistence, in appropriate institutional terms and without repression.

Signing:

Andhes (Abogados y Abogadas del Noroeste Argentino en Derechos Humanos y Estudios Sociales)

Asociación Ecuménica de Cuyo (FEC)

ELA (Equipo argentino de justicia y género)

Fundeps (Fundación para el Desarrollo de Políticas Sustentables) 

CELS (Centro de Estudios Legales y Sociales)

Fundación Protestante Hora de Obrar

Asociación para la promoción y protección de los Derechos Humanos Xumek

Fundación SES

Fundación Ambiente y Recursos Naturales (FARN)

CAREF – Comisión Argentina para personas Refugiadas y Migrantes

Consciente Colectivo

Red Argentina de Abogacía Comunitaria (RAAC) 

Campaña Argentina por el Derecho a la Educación (CADE)

Introducing our new Executive Director

We are very happy to announce that Mayca Balaguer is the new Executive Director of Fundeps from the beginning of 2024.

“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”.

Mayca Balaguer is a lawyer with a solid academic background, standing out as having a Diploma in Gender Studies, women’s movement and politics in Latin America, as well as a Master’s Degree in Procedural Law. Her commitment and dedication made her a great companion and reference on issues related to access to sexual and (non) reproductive rights in the province of Córdoba.

Since her start at Fundeps in 2015 and over the years, she has coordinated both the area of ​​Gender and Sexual Diversity and Legal Affairs, contributing to the development and strengthening of each one.

We are convinced that Mayca will continue to contribute all its experience in coordinating the activities of the foundation and a team of people who work towards a more just, equitable, sustainable and democratic society.

In turn, with deep gratitude, we say goodbye to Carolina Tamagnini, who has accompanied us since 2014 at Fundeps with different leadership roles. Their commitment, work capacity and strategic vision allowed us not only to strengthen Fundeps internally, but also to enhance our research actions, political advocacy, training and networking. As a professional, we know that in his next projects he will continue to inspire with his dedication and leave his mark on every challenge he faces.

Every change marks the beginning of new opportunities. Starting a year full of new challenges and projects in a challenging context, we wish you both the best. May this new chapter be a journey of learning, collective work and success, and may each effort contribute to the defense of human rights.

Thank you Caro and congratulations May for this new rol.

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Omnibus Law: we ask Congress to honor deliberation and citizen participation

We, the undersigned civil society organizations, request that the treatment of the “Bases and Starting Points for the Freedom of Argentines” bill continues in ordinary sessions so that our representatives can discuss it in a timeframe commensurate with its complexity, and that the instances of participation are extended so that citizens can express their views on the proposed reforms.

On December 22, 2023, the Executive Power of the Nation summoned the Congress to extraordinary sessions in order to submit for its consideration the bill entitled “Bases and Starting Points for the Freedom of the Argentines”.

The initiative contains more than 600 articles covering a wide range of topics: health, education, employment, social security, children and family, culture, environment, tourism, justice, security and defense, electoral system, fiscal policy, debt, economic deregulation and administrative reorganization, among others. This project proposes amendments to Codes and laws that were debated for years, that were enacted after having listened to a wide range of actors and that recognized historical struggles of various groups, and includes changes that will have direct and far-reaching consequences on people’s lives.

It is evident that understanding, studying and establishing a position regarding such a number and type of reforms requires a deliberative process of analysis, substantiation, argumentation and discussion. It is not possible to ensure an informed and robust parliamentary debate or to analyze in depth the impacts that each of the regulatory modifications would have in the timeframe proposed by the Executive Branch. The quality of public debate makes the quality of our democracy.

It is also impossible to guarantee, in a few weeks, a process of real citizen participation, allowing to listen to all the actors with expertise and experience in the matters included in the project and to those sectors that could be most affected by it. Although during the last week some entities were able to present their views to the deputies, each one had only 5 minutes to do so, and -as the call was limited to 3 days- many were left out of the debate. In addition, there were no opportunities for members of the legislative body to ask questions or request additional information, nor were there reasonable time limits for them to fully analyze the contributions received.

On the other hand, it should not be overlooked that some of the reforms included in the bill violate human rights recognized in treaties with constitutional hierarchy in our country and do not comply with the standards of specialized Committees. If these normative changes are approved, an even more critical social situation could arise, the judicial conflict in different jurisdictions would increase and the responsibility of the State before international organizations would be compromised, which reinforces the need to approach the discussion seriously.

In view of the above, the undersigned civil society organizations request the Congress of the Nation to continue in ordinary sessions the treatment of the bill “Bases and Points of Departure for the Freedom of the Argentines” so that our representatives can discuss it in time according to its complexity, and to expand the instances of participation, ensuring that public hearings are convened to allow citizens in general and the sectors affected by the reforms in particular, to express their views on them. Although the extraordinary sessions have been extended until February 15, such term is still ostensibly insufficient to discuss such a large number of regulatory changes.

Once again, we need a Legislative Branch that defends the system of checks and balances designed by our Constitution and chooses a pluralistic, deliberative and participatory democracy.

Signing organizations:

  • Asociación Civil por la Igualdad y la Justicia (ACIJ)
  • Equipo Latinoamericano de Justicia y Género (ELA)
  • Consciente Colectivo
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación para el Desarrollo de Políticas Sustentables (Fundeps)
  • Fundación SES
  • Asociación Ecuménica de Cuyo (FEC)
  • Asociación para la Promoción y Protección de los Derechos Humanos Xumek
  • Comisión Argentina para Personas Refugiadas y Migrantes (CAREF)
  • Fundación Igualdad
  • Abogados y Abogadas del Noroeste en derechos humanos y estudios sociales (Andhes)
  • Jóvenes por el Clima
  • Fundación Ambiente y Recursos Naturales (FARN)
  • Democracia en Red
  • Amnistía Internacional Argentina
  • Coordinadora de Abogadxs de Interés Público (CAIP)
  • Escuela de Fiscales
  • Fundación Protestante Hora de Obrar
  • Salta Transparente
  • Instituto de Estudios Comparados en Ciencias Penales y Sociales (INECIP)
  • Centro de Políticas Públicas para el Socialismo (CEPPAS)
  • Red Argentina de Abogacía Comunitaria (RAAC)
  • Observatorio de Justicia Sanitaria y Climática
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We claim the right to protest and demand: enough repression

After the publication in the Official Gazette of the Nation of Decree of Necessity and Urgency 70/2023, which was widely questioned by civil society for favoring large global corporations and lacking the urgency that would justify its adoption, thousands of protesters gathered. They gathered in different parts of the country to express their repudiation.

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

In the city of Córdoba, the call took place in the Patio Olmos, where hundreds of people gathered around 9 p.m. and blocked the road on Vélez Sarsfield Avenue in a peaceful demonstration. Around 10 p.m., the Córdoba Police confronted the gathered people and fired pepper spray and rubber bullets to clear the protest, taking 5 protesters into custody.

As a human rights organization, we maintain that the right to petition authorities, freedom of expression and the right to protest play a key role in developing and strengthening democratic systems. They are protected by our Constitution and by various international instruments.

Social protest must be managed democratically and not criminalized or repressed. Public powers must respect international standards related to social protest and the obligations that must guide the state response.

For this reason, we demand that local authorities take the necessary measures to adequately address social conflict, in compliance with constitutional guarantees and human rights. We also demand the immediate release of those detained.

The people have the right to express themselves and take to the streets to fight. Enough repressing. Enough chasing.

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Representatives of civil society meet with president of the IDB

Representatives of civil society meet with the president of the IDB to address challenges for sustainable and inclusive development in Latin America. At the meeting, recommendations were presented to the bank to strengthen the promotion of sustainable development 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”.

25 civil society organizations from Latin America that are part of the IDB Working Group, among them Fundeps, met on Friday, November 10, with the president of the Inter-American Development Bank (IDB) Ilan Goldfajn, with the purpose of strengthening dialogue and identify opportunities to bring the institution closer to the populations of the region it tries to serve.

The representatives of civil society presented to President Goldfajn recommendations to strengthen the link with civil society and communities impacted by IDB projects and recommendations to consider in the IDB’s 2023-2030 Institutional Strategy, which is in the process of being prepared. President Goldfajn then opened the floor to listen to specific topics of interest from different member organizations of the group.

The IDB Working Group described the meeting as a positive sign from the bank’s new administration, in the sense of an openness and willingness to strengthen dialogue with civil society. The meeting with President Goldfajn follows a previous meeting that took place during the 2023 IDB Annual Meeting held in March in Panama, and a meeting with the IDB Country Vice President, Anabel González, during the Common Finance Summit that took place in last September in Cartagena de Indias, Colombia.

“These spaces for dialogue represent a sign of the bank’s rapprochement with civil society”, said Carolina Juaneda, from the Bank Information Center, coordinator of the Working Group on the IDB. According to Ivahanna Larrosa, regional coordinator of the Coalition for Human Rights in Development, “the general perception is that it was a good meeting to present our messages and move forward in improving the bank’s dialogue with civil society.”

Civil society representatives pointed out that the IDB Group’s 2023-2030 Institutional Strategy must promote a fair, community-based energy transition that puts people and the environment at the center. Other recommendations of the Working Group were that the bank: comply with the highest environmental and social standards and respect for human rights in its activities and the projects it finances, prioritizing and strengthening the implementation of the Environmental and Social Policy Framework (MPAS), and improving upstream planning to identify suitable projects; prioritizing quality investments, redoubling the principles of good governance, especially transparency, access to information, participation and accountability; strengthen your commitment to the impacted communities, guaranteeing comprehensive reparation to people; ensure a responsible exit from unsustainable projects and operationalize the commitment not to tolerate retaliation.

Civil society organizations seek substantive participation in the IDB Group Annual Meetings that will be held in March 2024 in the Dominican Republic. The opening of President Goldfajn and his team to work towards greater interaction of organizations and communities in the region, with the Bank’s administration and teams, is celebrated.

About the IDB Working Group

The IDB Working Group is a group of more than 60 civil society organizations, both from the region and internationally, that influence the IDB Group, promoting the highest environmental, social and human rights standards. supporting communities adversely impacted by projects financed by the bank. Some of its members have been working for three decades to strengthen the IDB’s processes of participation, transparency, access to information and respect for human rights.

 

More Information

 

Contact

Gonzalo Roza, gon.roza@fundeps.org

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Two OTP opinions and the Supreme Court’s responsibility to act according to law

Two opinions of the Attorney General’s Office of the Nation admit the legitimisation of two groups representing the ‘collective of unborn persons’, against the Constitution, national laws and Court rulings. However, they pave the way for the courts to attack the right to termination of pregnancy. Joint press release.

During the last week, Laura M. Monti, Deputy Attorney General of the Attorney General’s Office, signed two opinions in the same vein. In them, she recognises the legal standing of a group of citizens and a civil association to represent the so-called ‘unborn persons’ before the judiciary. This is an interpretation that is not supported by jurisprudence: no court has ever recognised in a final judgement the possibility of collective representation of ‘unborn persons’.

Monti issued these rulings in two cases: one led by Cristina Fiore Viñuales and the other by the organisation Portal de Belén, both initiated to question the constitutionality of the Law on the Voluntary Interruption of Pregnancy. In both cases, although it claims to follow the law, it departs from the jurisprudence of the Supreme Court of Justice of the Nation on collective representation. Also in both cases, the petitioners seek to turn what is in fact a general disagreement with the law into a ‘case’ (to be discussed in the courts).

Monti relied on art. 1 of Law 26.061 on the Integral Protection of Children to sustain standing. In this way, he distorted the meaning of the law and devised a sort of ‘popular action’ that would allow any citizen to bring an action outside of a specific case. Not only that, but it also equated ‘unborn persons’ with children and adolescents.

At the same time, in its rulings it decided not to take into account the requirements of article 116 of the National Constitution, the National Code of Civil and Commercial Procedure and the Court’s decisions and jurisprudence on collective proceedings, creating a situation of legal uncertainty. To name a precedent: in the Halabi case, cited by the Attorney General herself, it is established that the existence of a case must be proven in order to grant collective standing. In neither case, neither Fiore Viñuales nor Portal de Belén, is there a ‘case’; in other words, Monti should have denied standing outright.

Why this step by the public prosecutor is serious: because it allows a group of citizens to challenge a law voted for by all political forces through a lawsuit without proving that there is a right or concrete damage affected and, in the same action, to attribute to it a collective representation that does not exist in the Argentine legal system. The democratic debate has already taken place in Congress and has drawn a line for a basic social agreement on the right to health and life, through the decriminalisation and legalisation of abortion.

The files had been awaiting an opinion for a year and a half, but they were issued two days after Dr. Rodolfo Barra was appointed National Treasury Attorney, even though he was still acting as a legal advisor in the ‘Fiore Viñuales’ case.

Dr. Barra, in his capacity as newly appointed Treasury Attorney, has a conflict of interest, according to the public ethics law, which makes him incompatible with the defence of Law 27.610. Therefore, he should be excused from intervening in the cases against the Law on the Voluntary Interruption of Pregnancy and in all matters related to the right to abortion. In this regard, we filed a complaint with the National Treasury Attorney’s Office and informed the Anti-Corruption Office, as it is the authority responsible for applying the public ethics law.

Since 2021, of the total number of legal actions brought against the law, 34 have been rejected by courts in different jurisdictions across the country. Only 3 reached the Court, but not to decide on their constitutionality, but to determine whether those who brought these actions have standing to do so and to represent the collective of ‘unborn persons’.

The opinions of the Attorney General’s Office are not binding for the Court, which can define the applicable legal criteria without taking into account these recommendations. Therefore, the Court now has the responsibility to reposition class actions for the purposes for which they were created, to prevent them from being conceptually forced and to avoid violating due process guarantees. This is their chance to stop the unfounded litigation against an existing and key law for millions of women, girls and persons capable of bearing children.

  • Amnistía Internacional Argentina
  • Equipo Latinoamericano de Justicia y Género (ELA)
  • Centro de Estudios Legales y Sociales (CELS)
  • Fundación para el Desarrollo de Políticas Sustentables (Fundeps)
  • Fundación Mujeres x Mujeres
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Care as an autonomous human right: contributions for its interpretation

We present three amicus curiae before the Inter-American Court of Human Rights to offer some considerations regarding care as a human right. Our participation was part of a collective process that synthesizes specialized knowledge.

“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 January, the Argentine State asked the Inter-American Court of Human Rights (IAC Court) to issue a ruling regarding “The content and scope of the right to care and its interrelation with other rights.” What motivated this request, according to the different ministries involved, was the opportunity to address gender inequalities by building more fair and equitable standards in terms of care.

Based on this request, the Inter-American Court will issue an Advisory Opinion, previously allowing the involvement of other actors in the interpretative process of this right. At Fundeps we have taken part, along with other spaces, in the construction of a judicial tool called amicus curiae, which enables voluntary participation through a technical-legal opinion. Likewise, we have adhered to the documents prepared by the CLACAI Legal Network and the Red DESC.

This collective work process brought together activists, professors from Latin American and European universities, people from academia and experts from different committees, feminist and human rights organizations. The document presented seeks to provide elements to the court regarding care as a human right: to care, to be cared for, and to self-care.

The document reconstructs the conception of care as a need that transcends interpersonal relationships, in order to consider it “as an inherent process linked to the sustainability of life and well-being.” From this position, the amicus maintains the right to care as an autonomous right that, at the same time, maintains interdependencies with other rights. Thus, considerations were offered regarding its connection with the right to health, sexual and (non) reproductive health, sexual diversity, social security, a healthy environment, the territories and the city. Furthermore, the amicus explained the importance of having systems of indicators – quantitative and qualitative – of human rights, which allow States to produce complete and systematized information, for monitoring compliance with the right to care.

Regarding the enforceability of the State’s obligations, it was stated that the respect, protection and fulfillment of women’s right to non-discrimination and the enjoyment of equality is an obligation derived from this autonomous right. However, it was expressed that it becomes necessary to take into account, from an intersectional perspective, those obligations derived from the right to care in sectors most exposed to vulnerability: people with disabilities and mental health problems, migrants and indigenous peoples.

As a point to highlight, our presentation also raised the importance of community care work, establishing that it takes particular forms in soup kitchens and soup kitchens, picnic areas, kindergartens, medical rooms, among others, to face economic crises. In this sense, the organization mainly of women and dissidents in territories where social inequalities are evident, this type of care allows social reproduction and the sustainability of life.

In conclusion, we maintained that the right to care is an autonomous right that must be guaranteed by States under conditions of universality, equality and non-discrimination. This means the revaluation of care as an independent right that requires both enforceability towards the State, as well as co-responsibility and distribution, involving both society as a whole and the market.

 

See Amicus Curiae

See Amicus Curiae – Red DESC

See Amicus Curiae – CLACAI

 

Author

Carola Bertona

Contacto

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

Marcos Juárez: we present a protection for the use of pesticides in populated areas

Together with the community of Marcos Juárez we presented an environmental protection in the Córdoba Justice Department. We request that the current ordinance on agrochemicals be modified with the objective of expanding the protection zone, compliance with controls and the functioning of the Advisory Commission on the Environment be made effective.

“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 application of agrochemicals in Argentina continues to be one of the main environmental problems and leads to serious contamination of water, soil, air and consequent damage to biodiversity and people’s health.

There are thousands of scientific studies around the world that prove the toxicity of these products and their link with the development of chronic diseases that affect adults and mainly children. Among them are: abnormal neurological development, cancer, increased incidence of non-hodking lymphoma, a condition in the human placenta with a probable impact on the development of abortions.

The problem of agrochemicals is no longer limited only to rural communities who see their homes, hospitals and schools fumigated daily, but affects millions of people in our country. As an example, the organization Democracia en Red, within the framework of the Pesticides Introduced Silently (PIS) project, analyzed 200 urine samples in the towns of Lobos, Saladillo, Barrio Nicole (La Matanza), Mar Chiquita and the City of Buenos Aires. Aires. The results showed that in all districts there were positive cases for glyphosate.

At Fundeps we have been addressing this problem for some time, developing and implementing different strategies to achieve adequate public policies to guarantee socio-environmental sustainability. In that sense, in 2019 we published our Agrochemical Emergency website where we systematized the immensity of socio-environmental conflicts that occur in our province from the use/misuse of agrochemicals, we also provide tools so that communities can claim for their rights. Simultaneously, we develop models of ordinances that propose restrictions on the use of these products and the creation of protection zones, seeking to promote local advances to improve the quality of community life.

Following this path, in the month of May we presented a first environmental protection for contamination with agrochemicals in Colonia Tirolesa, a process where even and despite the scientific evidence about the various health problems that the community continually suffers, no solution has been found.

Marcos Juárez: what happens with pesticides?

Marcos Juárez is a town located in the southeast of the province of Córdoba, an area known for its economic growth linked to agricultural exploitation and agroindustry, which uses large quantities of chemical products such as fungicides, herbicides, insecticides and despite the fact that Marcos Juárez has With ordinance 2446, which regulates the use and application of chemical and biological products for agricultural use and which the Municipality adheres to Provincial Law 9140, a large part of the population is exposed to these products on a daily basis.

The Marcos Juárez Ordinance arose from a process of collective struggle in 2010, when members of the community organized against the excessive fumigation with agrochemicals due to the social and health consequences caused by this form of production and that was intensifying over time. This ordinance represented a true historical milestone for Córdoba, since it establishes environmental protection zones for the application of agrochemicals. However, over the years the community began to observe that this regulation is insufficient. Added to this is the fact that the Municipality is unable to enforce compliance with this regulation (there are dozens of complaints for violations).

In this context, in 2015 the Genetics and Environmental Mutation Group belonging to the Department of Natural Sciences of the University of Río Cuarto, headed by Dr. Delia Aiassa, evaluated the level of damage to the genetic material in children exposed to pesticides. in the town. The study shows that of the total number of exposed children, 20 (40%) presented persistent symptoms of various kinds. On the other hand, he maintains: “In the case of a relatively small city, this result shows that the sprays could reach (by air) the entire town and that the vulnerable population of children is subjected to extremely high and continuous exposure, givenwho lives surrounded by crops. Taking into account that there are no differences between the groups of children under study in terms of spray distances up to a maximum of 1095 m, this information should be taken into account when establishing environmental safeguards in localities that are surrounded by crops where spraying is carried out”.

From there, and considering that the ordinance establishes distances that are well below what is recommended, for example in some high risk areas (art. 4) the exclusion zone of 150 meters (when in other locations it is 1500 meters), the community organizes itself again and begins a long journey of demands to safeguard their lives and those of their children.

In this framework, at Fundeps we began to support this legitimate claim and after a long journey we decided to go to court in search of solutions.

The Environmental Protection Action

For these reasons, by virtue of the precautionary, preventive and intergenerational equity principle, on November 27 we presented an environmental collective action before the Córdoba justice system requesting, among other things:

  • The creation of an environmental protection zone no less than 1,095 meters away from the external limit of populated areas, where terrestrial fumigation is prohibited.
  • And an environmental protection zone of no less than 3000 meters where fumigation of areas with any type of chemical or biological product for agricultural use is prohibited.

The purpose of this action is to safeguard and protect the rights of those who live in the town. We hope that justice, making use of the powers granted by environmental legislation, will quickly order the Municipality of Marcos Juárez to adopt concrete and urgent measures. This is essential to safeguard the community’s rights to life, health and a healthy environment.

 

Authors:

Katen Moldes and María Laura Carrizo

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org