Through resolutions No. 436/2023 and No. 543/2023, the Public Ministry of Defense decided to annul the appointment of the person responsible for the Office of Access to Public Information, citing budgetary reasons. Although there is an interim official fulfilling these tasks, the technical suitability, autonomy and exclusive dedication required to adequately perform the position are not guaranteed, which implies a serious setback for the guarantee of this right.

“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”.

One of the most relevant advances of Law 27,275 on the Right of Access to Public Information was the creation of autonomous and specialized institutions in each of the powers of the national State, which are in charge of controlling its proper compliance, as well as promoting better practices and protect the interest of persons requesting public information. In 2018, the Public Ministry of Defense formed the Agency and appointed its head, who completed his duties in April of this year.

On April 18, 2023, through Resolution 436/2023, the Public Ministry of Defense annulled the regulations for the appointment of the person responsible for the Office of Access to Information of the entity and ordered that its functions were assumed by staff of the Legal Department, on an interim basis. Said decision was supported by a note presented by the Office of General and Financial Administration in which it informed that “in view of the existing budget deficit situation in the projection of annual expenses of this Public Ministry of Defense, there is no possibility of maintaining the existing position structure in the Office of Access to Public Information”.

Subsequently, through Resolution 543/2023, the person from the Legal Department was appointed who, in addition to fulfilling the functions he currently has in that unit, will carry out the tasks entrusted to the Office of Access to Information.

The current scheme does not guarantee the right of access to public information and constitutes a serious setback in the matter. Resolutions 436 and 543 of 2023 are illegal and unconstitutional, as long as:

  1. The person who temporarily occupies the position of head of the Information Access Office does not have the technical suitability, autonomy, or exclusive dedication required to adequately perform the position. Said appointment must conform to the content of Law 27,275 that orders the selection process to be open, public and transparent (art. 28), which has not been respected in this case.
  2. They leave the management of the Office of Access to Information in an interim state without clear rules that over time can become a situation of indefinite permanence. The rules for his election were left without effect and to date no new guidelines have been issued to remedy the current situation.
  3. Both resolutions are based on budgetary reasons, but it has not been proven that other measures that were less harmful to the right were attempted, such as cutting the cost of non-essential services.

The signatory civil society organizations express our concern about this situation and emphasize the need for the Public Ministry of Defense to respect the institutional framework established by Law 27,275 to guarantee the right of access to public information, which strengthens and secures our democracy, facilitates the exercise of other rights and plays an essential role in preventing corruption and promoting transparency in the State. For this reason, we request the General Defender of the Nation to annul resolutions 436 and 543 of 2023 and to begin the selection process so that the position is adequately covered. The note presented can be viewed here.

  • Adhere:

Asociación Civil por la Igualdad y la Justicia

Alianza Regional por la Libre Expresión e Información

Democracia en Red

Directorio Legislativo

Fundación Conocimiento Abierto

Fundeps- Fundación para el Desarrollo de Políticas Sustentables 

INECIP- Instituto de Estudios Comparados en Ciencias Penales y Sociales

Nuestra Mendoza

Poder Ciudadano

Salta Transparente

 

Contact

María Victoria Sibilla, ninasibilla@fundeps.org

We present “Pañuelos en lucha”, a series of four episodes that highlights the testimonies of different people who fought for the sanction of the Voluntary Interruption of Pregnancy Law in Argentina and continue to raise their handkerchiefs to defend it.

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

The project, carried out together with Parque Podcast and with the support of the Mujeres del Sur Fund, has as its protagonists the voices of women and gender dissidence members of the green tide, who had some type of participation in the process prior to the enactment of the law , and in its subsequent implementation and defense.

Based on the collection of testimonies and the sound archive that brings together experiences from different parts of the country, we tell the story of the enactment of the IVE law and what came after. The objective of this sound essay is to serve as a historical account that recovers and reconstructs various forms of organization and strategies of struggle of the movements in favor of reproductive autonomy.

We set out to reflect how, despite the actions and strategies implemented by conservative and religious fundamentalist groups, the sanction could be obtained and work continues for its full implementation.

Each episode poses a fight scenario. In the first, “The desire made law”, we develop how the conquest process was experienced in Congress, during the vigils, and what the collective achievement of a law means. In the second, “Not a step back”, we reflect on how this right is accessed in health systems. In the third, “Winning the courts”, we tell how the judicial scenario is constituted as a space for dispute. Finally, in the fourth, “Abortion after abortion”, we propose some reflections on the pending challenges and how we see the future.

The ideation process of each episode and the collection of testimonies was carried out by the staff and volunteers from Fundeps’ Gender and Sexual Diversity and Communication areas. The script was written by Florencia Flores Iborra. The recording was in charge of Leticia Riera. The mixing and sound design was in charge of Paula Manini and the locution was by Constanza Barbisan.

 

We invite you to listen to it!

 ACCESSED ALL EPISODES

 

And here we share the transcriptions of the scripts for each episode:

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

“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 a context of subjugation of fundamental rights, such as the right to fair remuneration, to participate in the political processes of constitutional reforms and to care for the land, protest constitutes a legitimate form of claim for communities and for the citizenship in general.

The purported constitutional reform in the province of Jujuy violates widely recognized rights, such as the right to protest, limiting freedom of expression and property to indigenous lands, and enabling the continued violation of fundamental rights for all people, such as It has been happening since last June 17.

In this context, indigenous communities claim that this constitutional reform advances their acquired rights and their territories. Communities have rights that must be respected in the decision-making processes of the State. In this sense, we highlight that the Inter-American Commission on Human Rights “urges Argentina to establish transparent and voluntary dialogue processes, which include local traditional authorities, in order to address the demands of indigenous peoples.”

On the other hand, UN Human Rights expressed its concern about reports of violations of rights and violent actions within the framework of the protests in Jujuy. He made an urgent call for constructive and intercultural dialogue, which guarantees the effective participation of indigenous peoples and all interested parties, to overcome the crisis through democratic and institutional means.

We demand that the government cease institutional violence and repression towards the population, and convene spaces for dialogue and consultation in accordance with international human rights standards.

Furthermore, in a context in which misinformation circulates, and resources are used that relativize institutional violence and stigmatize indigenous peoples, workers and their organizations, we call for the media to carry out responsible dissemination of the facts, incorporating the voice of the people whose rights are being violated.

 

*Photo: @susi.maresca

Through this initiative, FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo seek to promote a citizenry committed to the labeling law and thus generate the first citizen report on its compliance. The initiative arises from the identification of various breaches and the lack of effective control by the State.

“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”.

Let’s not let it pass” is the new campaign launched today by FIC Argentina, FAGRAN, Fundación Sanar, Fundeps and Consciente Colectivo to promote an informed citizenry and committed to the effective implementation of the labeling law. The nationwide campaign seeks to generate a citizen report on the state of compliance with the law, 10 months after the start of its implementation.

In 2021, the organizations promoted the campaign “Don’t cover our eyes” to promote the approval of the law and, on this occasion, they meet again so that this public health measure is effectively complied with. The campaign emphasizes some components of the law referring to the presence and characteristics of the seals (their size, location on the container, for example) as well as their disposition in the gondola.

“A few months ago we carried out a research study to find out how the law is being implemented and we detected that in 83% of the supermarkets surveyed there were breaches regarding the disposition of the products on the gondola, the seals were not visible to the consumer. In 67% we found promotions associated with the price (such as “15% discount” and “50% discount on the second unit”) in products with stamps, which also shows a breach of the provisions of the law, and in the 12% of the surveyed products, the seals were not on the main face of the container. The State must sanction these breaches and with the campaign we seek to make them visible,” said Leila Guarnieri of FIC Argentina.

“It is a priority that the commitment extends throughout the country, counting on the federal representation of the provinces, which monitor compliance with the Law through committed citizens and nutrition professionals who, through Education and advocacy actions put the visibility of this Law at the center of the scene. As a Federation we join the efforts of the entities that we bring together for the effective compliance of the Law, without exception”, declared Ana Caceres from FAGRAN.

“For a full implementation of the Labeling Law, it is essential that as citizens we get involved and demand its compliance. Although it is the State that has the obligation to control, we are observing that these mechanisms can be deficient and inopportune. In addition, up to now we have no data that sanctions have been applied to companies that break the law. For this reason, it is important that we remain alert and report non-compliances to demand that the authorities monitor and sanction appropriately,” said Maga Merlo from Fundeps. And he added: “Let us remember that this law comes to protect fundamental rights such as health, adequate food and information for consumers, and especially for groups in vulnerable situations, such as children. Citizen participation is essential to build transparent public policies.”

“The platform also arises from the need to make visible the actions of companies that break the law in different ways, interfering mainly in the guarantee of the right to information of consumers. Being able to document, systematize the information and thus channel the claim to the enforcement authorities will allow the State to act in such a way that it can put into operation its own strategies to mitigate non-compliance,” said Ignacio Porras from Fundación SANAR.

“For a norm to be effective and not die in the sanction, it is essential that we get involved and demand its correct implementation. It is a matter of appropriating the Law and knowing it to be able to claim for our rights and build new horizons”, declared Ariana Krochik of Consciente Colectivo.

How to participate in this campaign?

Registering breaches at www.nolodejemospasar.org

Contact

Maga Merlo, magamerlov@fundeps.org

On May 23, we were at the presentation of the 5th National Open Government Plan, a public policy instrument co-created with civil society and citizens that contains 7 open government commitments to be implemented by different agencies of the national state. We shared the panel with Delfina Pérez from the National Directorate of Open Government, Andrés Bertona from the Anti-Corruption Office and Florencia Caffarone from Democracia en Red.

“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 current Plan was co-created in 2022, from the National Open Government Table, in dialogue with the Network of Civil Society Organizations for the Open State and the rest of the citizens who participated in this process. From Fundeps we are part of the National Open Government Board (2020 – 2022) and from that space we contributed to the co-creation of the 5th Plan, articulating between the National Open Government Directorate and different organizations that were involved in it.

This Action Plan is part of the obligations assumed by Argentina before the Alliance for Open Government, which it joined in 2012. Since then, and every two years, the country co-creates and implements different policies and concrete commitments in this scope.

How was the process of co-creation of the 5th Open Government Plan?

For the first time, and in order to guarantee equal participation among all people located in different parts of the country, this Plan was co-created in its entirety virtually, through meeting platforms, the website argentina.gob.ar and its Public Consultation portal. In turn, within the National Open Government Roundtable, and following the recommendations of the Participation and Co-Creation Standards (2022) of the Open Government Alliance, it was agreed to design a Plan with a maximum of 10 commitments.

For this, a prioritization of topics was carried out in consultation with the Network of CSOs for the Open State. The selected topics were: Environment and implementation of the Escazú Agreement; Public work; Gender and Care Policies; Mental health; Open State and Federalization; Water and Sanitation in the AMBA; Information about health providers; Food and implementation of the Law for the Promotion of Healthy Eating (known as the Frontal Labeling Law). Not all, however, concluded in commitments of the Plan, for various reasons. Especially, and in terms of the implementation of the Law for the Promotion of Healthy Eating, from Fundeps we will continue contributing to the construction of proposals that contribute to the application of said law.

After this, the public instances for the design of the 5th Plan began in August 2022, with a series of Challenge Identification Workshops, for each of the pre-selected topics. Their objective was to jointly identify the challenges that the 5th Plan could respond to. Then, in October, the public instance for the reception of proposals was opened, with the slogan that open government policy solutions be suggested, which can respond to those challenges posed. With these inputs, each government area involved drew up its preliminary commitment drafting, which was submitted to public consultation for comments. At the same time, a dialogue instance was developed for each topic – commitment and finally the final writing was carried out.

What does the 5th Open Government Plan consist of?

The current Plan consists of 7 commitments assumed by different departments of the national government.

Compromiso Dependencia a cargo
1. Participación pública en la toma de decisiones ambientales en el marco de la implementación del Acuerdo de Escazú en Argentina Secretaría de Cambio Climático, Desarrollo Sostenible e Innovación – Ministerio de Ambiente y Desarrollo Sostenible de la Nación
2. Participación y control ciudadano en la obra pública Dirección Nacional de Transparencia – Ministerio de Obras Públicas de la Nación
3. Mujeres en el sistema productivo federal: más evidencia, menos brecha Dirección Nacional de Seguimiento y Evaluación de la Gestión, Secretaría de Industria y Desarrollo Productivo – Ministerio de Economía
4. Salud Mental: desinstitucionalización e inclusión social de personas con padecimiento mental Dirección Nacional de Abordaje Integral de la Salud Mental y los Consumos Problemáticos –

Ministerio de Salud de la Nación

5. Acceso a la información y políticas de cuidados Dirección de Mapeo Federal de Cuidado – Ministerio de las Mujeres, Géneros y Diversidad de la Nación
6. El acceso a la información y los prestadores de servicios de salud Dirección Nacional de Calidad en Servicios de Salud y Regulación Sanitaria – Ministerio de Salud de la Nación
7. Programa Federal de Estado Abierto  Dirección Nacional de Gobierno Abierto – Jefatura de Gabinete de Ministros

Dirección de Asuntos Municipales – Ministerio del Interior

Here you can access the details of each of them, from page 37 onwards.

What can citizens and civil society organizations do with the 5th Plan?

Once the Open Government Plan has been designed, the objective is to implement it, in this case, during 2023 and 2024. To this end, any interested person or civil society organization can get involved, either by following up on each stage of its implementation or by participating more actively, when the commitments allow it, in some phases of its fulfillment. In this sense, at least one instance of open dialogue with civil society and citizens interested in the issues addressed was foreseen for each commitment, and the platform Metas de seguimiento del Plan was developed. This seeks to facilitate and energize this implementation instance, which, according to previous experience, is always the most difficult when it comes to articulating and sustaining incentives.

As an organization committed to open government policies and several of the issues addressed in this Plan, we will closely follow and accompany each instance of progress and will be alert to signs of stagnation or setbacks.

It seems to us a great shared achievement, among different organizations that were part of the National Open Government Roundtable, such as the Network of Civil Society Organizations for the Open State, activists and open government policy reformers, that Argentina continues to challenge itself with each new Open Government National Action Plan.

 

More information

Read about the 5th National Open Government Plan of Action here

Watch the presentation of the 5th Open Government National Plan of Action here

 

Contact

María Victoria Sibilla, ninasibilla@fundeps.org

Last Tuesday, May 2, the National Executive Power submitted to the Chamber of Deputies a bill for the ratification of the Framework Agreement for Tobacco Control. Argentina is the only country in South America that has not yet done so and its ratification constitutes a pending debt for public health. In this note we tell you why the Argentine State should not miss this opportunity and why it is important to take this step for the adequate protection of the right to 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”.

The National Ministry of Health, in the latest World Youth Tobacco Survey, revealed that our country has one of the highest tobacco addiction prevalence rates in the region. The data show that tobacco consumption causes 44,851 deaths per year, representing 13% of the total deaths and that more than 22% of the population still consumes tobacco, with the age at which smoking begins being increasingly lower, which is already ranges from 12 to 15 years.

Likewise, according to a study published by the Institute of Effectiveness and Health Clinic, our country spends approximately 197,000 million pesos each year to treat diseases caused by smoking (such as chronic obstructive pulmonary disease, heart disease, lung cancer, among others), representing 7.6% of local health spending. In addition, as if this were not enough, smoking mainly affects vulnerable social groups, thus generating a vicious circle of poverty and disease, and has been internationally recognized as a barrier to sustainable development.

It is this context that determines the urgency of moving forward with the ratification of the Framework Convention for Tobacco Control (FCTC). This is the first international public health treaty signed by the World Health Organization (WHO), which to date has been ratified by 182 countries (including all the States that are part of Mercosur, except Argentina) and is one of the the most widely accepted pacts in the history of the United Nations.

It is important to highlight that this treaty was prepared in order to respond to the global tobacco epidemic. To this end, the FCTC provides a comprehensive framework for the implementation of effective tobacco control policies aimed at reducing the supply, demand, and harm caused by these products. Thus, by ratifying this Agreement, Argentina would commit to adopting a battery of measures that would strengthen the public health protection standard.

Key points of ratification

Currently, our country has various regulatory provisions on tobacco control and some of them even adopt the measures provided for in the FCTC itself. However, it is important to highlight that the incorporation of this international instrument into the national legal system continues to be essential. Well, there are regulations that are still highly permissive to the commercial interests of the industry, while there are certain global problems that necessarily require international cooperation to address them.

In this sense, the adoption of the Framework Convention would improve the broad prohibition of advertising, promotion and sponsorship of tobacco products, including that with cross-border effects. This measure acquires fundamental importance in the face of the globalization of communications and the millionaire investments in marketing made by the industry. While the National Tobacco Control Law allows the presence of marketing within the points of sale, direct communications to people over 18 years of age, as well as corporate social responsibility actions by tobacco companies.

Likewise, the ratification of the Framework Convention would allow Argentina to have better tools to face the problem of illicit trade, such as the Protocol for the elimination of illicit trade in tobacco products, also signed under the auspices of the WHO. According to research, illicit trade – involving smuggling, counterfeiting, illicit manufacturing, among other forms – increases the accessibility and affordability of tobacco products, and violates price-related measures and targeted tax measures. to reduce the tobacco epidemic. This treaty recognizes that the elimination of all forms of illicit trade is an essential component of tobacco control and that it requires the development and application of both national and international measures. Within the scope of Mercosur, Argentina is the only country that does not participate in the negotiations for the control of smuggling, being left out of the decisions aimed at preventing illegal trade between neighboring countries.

In turn, the Framework Agreement, through its article 5.3 and the guidelines for its application, confer a set of measures aimed at protecting public health policies against commercial interests and other vested interests on the part of tobacco companies, as well as of individuals or organizations working to advance the interests of this industry. In this sense, the need to establish measures to limit interactions with the tobacco industry to those cases in which it is strictly necessary to establish an effective regulation of it and its products is highlighted; guarantee the transparency of the interactions that take place either through hearings and public records; require that the information provided by the industry be accurate and transparent; establish clear rules on conflicts of interest for all persons working in the State and in the sphere of tobacco control; denormalize and not approve, support, associate or participate in the activities that the tobacco industry promotes as “socially responsible” (such as public education initiatives, health care, etc.), among other recommendations. In this way, the FCTC provides an adequate legal framework to curb tobacco industry interference in public health issues related to tobacco control.

Finally, it is important to highlight that the ratification of the Framework Agreement would also enable the Argentine State to participate in spaces where relevant decisions are made for tobacco control and the construction of international cooperation strategies. An example of this is the Conference of the Parties, the governing body of the FCTC that is in charge of regularly reviewing its application and adopting the necessary decisions to promote its effective implementation. In addition, it is a body from which mechanisms are promoted for the transfer of specialized technical, scientific, technological and legal knowledge, taking into account the needs of the States Parties, if they are developing countries, if they have economies in transition, etc.

A matter of human rights

From the preamble, the Convention makes it clear that it is an international instrument “based on scientific evidence that reaffirms the right of all people to enjoy the highest level of health that can be achieved.” In this way, it exposes the relationship between the protection of the right to health and tobacco control policies.

In this regard, it is important to highlight that the ratification of the Framework Agreement is in line with the obligations assumed by the Argentine State in terms of protection of human rights. According to the International Covenant on Economic, Social and Cultural Rights -which also has a constitutional hierarchy- the Argentine State has the duty to adopt the necessary measures in order to guarantee the right of every person to enjoy the highest possible level of health. In this regard, the Committee on Economic, Social and Cultural Rights, through its observations, has said that the State’s failure to comply with the necessary measures to make it effective constitutes a violation of the right to health, as it would be the failure to adopt sufficient control policies for the marketing of tobacco products. Likewise, this Committee has specially recommended the Argentine State to ratify the FCTC and promote public policies aimed at preventing the initiation of consumption and informing about the negative impacts of tobacco on health, with emphasis on childhood and adolescence.

In the same sense, there is the Convention for the Elimination of all forms of Discrimination against women -which also enjoys constitutional hierarchy- and according to which the Argentine State, being a Party, has the duty to adopt the appropriate measures to protect and guarantee women’s right to health. In this regard, the Committee of this Convention has recommended that the Argentine State ratify the FCTC, reduce the high level of tobacco use among adolescents, particularly girls, and face the health consequences of smoking.

In this way, the intimate connection between tobacco control policies and human rights obligations is observed, even reinforced by the interpretive work of human rights monitoring organizations. Thus, the FCTC is used as a standard to understand the scope of the obligations derived from the human right to health, especially in the face of the tobacco epidemic.

What is the procedure for ratification of the FCTC to take place?

On September 25, 2003, the Argentine State through the National Executive Branch signed the FCTC. This is the first step to take in the process of ratifying an international treaty and implies the assumption of the commitment not to undermine the objectives of the treaty. Unfortunately, 20 years had to elapse since that signature was produced for the National Executive to finally present a bill for ratification before the National Congress.

This bill must be approved by both chambers so that once it has become law, the National Executive proceeds to the ratification -properly speaking- and the consequent deposit of the instrument before the United Nations. It is important to note that this action indicates the consent of a State to be bound by the terms of a treaty. Therefore, in case of non-compliance, there is the possibility of demanding compliance, both nationally and internationally.

What first our right to health!

The FCTC provides a legal framework with concrete measures aimed at preventing and limiting the tobacco epidemic. From the ratification, the Argentine state will be obliged to implement the measures that the Framework Agreement imposes, thus strengthening the protection standards that currently prevail in terms of tobacco control.

Public policies aimed at improving the health of the population require the greatest commitment on the part of all social actors and political forces. Today, Argentina has a new opportunity to settle this outstanding debt with public health, prioritizing the protection of fundamental rights -especially those who are in a situation of vulnerability, such as children and adolescents- over those negotiated. and industry business interests. The ratification of the FCTC must be high on the political agenda. The Chamber of Deputies has to move forward!

 

More Information

 

Author

Maga Merlo

Contact

Maga Merlo, magamerlov@fundeps.org

A new judicial rejection of those who seek to take away our rights

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

Today, the First Administrative Contentious Chamber of the Province of Córdoba has confirmed the constitutionality of abortion by rejecting the unfounded injunction filed against the application of Law 27610 in our province. This decision makes it clear that legal proceedings should not be used as a tool to obstruct the exercise of human rights for women and individuals with the capacity to become pregnant.

Despite the futile attacks and the displeasure of groups seeking to roll back the acquired rights over our bodies, abortion is protected by law and enjoys broad legal and social consensus.

Key points from the court ruling:

The Chamber has decided to reject the injunction with the votes of two judges, Ángel Antonio Gutiez and Gabriela Cáceres. Judge Leonardo Massimino issued a dissenting opinion.

Judge Gutiez states that the action should be rejected outright because it is merely an expression of dissatisfaction with Law 27610, rather than a challenge to local legislation or public policy that would justify the injunction. However, due to the significance of the underlying issue and its various impacts on society, he addresses the plaintiff’s arguments.

Firstly, he affirms that Law 27610 is the result of balancing fundamental rights by the legislators of the National Congress in the legitimate exercise of their powers and as representatives of the whole society. These rights encompass those of the hypothetical human being in the womb and those of women and individuals with other gender identities who have the capacity to become pregnant.

Regarding the protection of the right to life, the ruling states that, contrary to the plaintiff’s claim of absolute protection of life from conception, “in our legal system, human life, since its beginning at conception, receives varying degrees of protection that increase as the fetus grows. If born alive, that ‘child’ obtains the full range of rights that protect an individual who can live independently outside the body that hosted them throughout their life until its end.” This gradual and incremental protection of the right to life arises from the American Convention on Human Rights and the interpretation made by the Inter-American Commission on Article 4 in the “Baby Boy” case. Therefore, legislation that allows exceptional cases that restrict the broad concept of the right to life, such as Law 27610, is respectful of this treaty.

Regarding the purpose of Law 27610, the judge asks why there was a need for a law on access to voluntary termination of pregnancy. The ruling states that the reasons why a woman wishes to have an abortion can be manifold, but they are all intimately personal, and it is her sole responsibility to assess them. The ruling emphasizes that it is the woman who will have to carry the result of conception in her body for nine months, with all the risks involved, and who will have to give birth, with all the pain and risks that entails, even with the advances in modern medicine. The ruling states that in a reality where abortions occur, whether legal or illegal, Law 27610 should only be seen as a measure of healthcare; nothing more than that. The law’s sole purpose is to ensure that women who decide to have an abortion, guided solely by their conscience, can do so under appropriate healthcare conditions, allowing them to terminate the pregnancy without the risk of death or permanent sterility, among other equally undesirable outcomes.

The ruling unequivocally affirms that “the law does not encourage the killing of children; the law does not promote abortions. The only thing the law does is to permit women who decide to have an abortion to do so in an environment where their health is protected. […] What a woman seeks through abortion is to free herself from the pregnancy itself and from the care of a child that may be born. Which of these reasons or others leads her to make that momentous decision belongs to her innermost sphere, and the State cannot, in order to protect a potential person, so severely restrict a woman’s will.”

Regarding the provincial and national competencies in health matters, the plaintiff argued that the national government exceeded its powers by enacting the law, and therefore, the province should not have applied it within its territory. However, the Chamber understands that the powers over health policy are concurrent between the Nation and the province of Córdoba, and it states that “issues related to health law and public health can be regulated by federal or national laws. Asserting the opposite would be tantamount to postulating the unconstitutionality of laws on organ transplants (24,193), sexual health (25,673), patient rights (26,529), mental health (26,657), vaccination (27,491), comprehensive health care during pregnancy and early childhood (27,611), among others.”

Regarding the lack of a specific case to trigger the constitutional review, the injunction requested the declaration of unconstitutionality of the law in the province. However, the Chamber understands that there is no concrete case on which to apply constitutional review. In this regard, it states that “the Argentine system of judicial control over norms with respect to the Constitution is diffuse, meaning that any court can exercise it in the case presented for its resolution. What cannot be done, not even by the Supreme Court of Justice of the Nation, even if it issues a hundred identical judgments, is to universally repeal the application of a law enacted by the National Congress.”

Regarding the relevance of the Supreme Court precedent in the FAL case, the plaintiff requested the declaration of unconstitutionality of several articles of Law 27610, particularly focusing on Article 16. This article amends Article 86 of the Penal Code, which previously regulated abortions in exceptional cases. The Chamber notes that the Supreme Court already ruled on this issue in the FAL case in 2012, a discussion that the plaintiff seeks to reopen, and states that “all the tortuous imagination displayed by the plaintiff in imagining extreme and barbaric scenarios to try to validate his position has a response in the very Supreme Court of Justice of the Nation” which ruled on this matter in the FAL case.

Regarding the rights of women and individuals with the capacity to become pregnant, Judge Gutiez points out that the plaintiff completely disregards the rights granted to women and pregnant individuals by International Treaties, as well as the National and Provincial Constitutions. He notes that the plaintiff diminishes women as holders of their own rights, “treating them more as mere receptacles for unborn individuals.”

Finally, in concluding the ruling, the judge states that: “The era we live in our country has meant and means progress in recognizing the rights of women as such, demolishing barriers, preconceptions, stigmas, and prejudices; recognizing their unique and singular entity and identity. Among these essential rights is the simple right to choose; the right to choose whom to relate to and how; the right to choose to have or not to have children; the right to choose how far she wants to advance in her career, work, or profession, breaking any glass ceiling; the right to independently decide what to do with her body. Law No. 27,610 allows women to exercise one of these choices without interference from any other person, religious organization, or the State.”

With this ruling, the judiciary reaffirms that abortion is a right that all women and individuals with the capacity to become pregnant in the province of Córdoba can enjoy within frameworks of respect and dignity.

Therefore, today and always, we will continue raising our flags: throughout the country, abortion is legal.

Access the full ruling for more information.

 

Contact 

Mayca Balaguer, maycabalaguer@fundeps.org

From Fundeps and Fundación Sanar we present the Regulatory Map of Front Labeling in Argentina, a website that shows the progress of the 23 provinces and the Autonomous City of Buenos Aires (CABA) in the issuance of regulations that regulate the implementation of the Promotion Law of Healthy Eating (PAS) at the local level, and at the same time accounts for the regulation process carried out by the National State. The objective of this tool is to promote and strengthen the full implementation of this law throughout the country.

“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”.

Law No. 27,642 on the Promotion of Healthy Eating, known as the Labeling Law, was enacted on October 26, 2021 and regulated on March 22, 2022. As of this date, it is mandatory throughout the country. However, the adherence and/or the issuance of complementary regulations by the provinces and CABA is of utmost importance to ensure the full implementation of all the measures established by law, and thus effectively protect the health of the population.

The issuance of local, adhesion or complementary regulations by the 23 provinces and CABA:

  • It gives the possibility of adapting the regulations to the reality of each jurisdiction and improving their implementation at the local level.
  • It allows progress on aspects of the exclusive jurisdiction of jurisdictions that national law does not cover.
  • It accounts for an important act of political will.
  • Creates regulatory conditions conducive to the materialization of the rights recognized by the PAS Law.
  • It means an opportunity to raise the minimum floor established by national regulations.

In view of the importance of adhering to and enacting local regulations as fundamental elements to promote healthy eating throughout Argentina, Fundación Sanar and Fundeps present the Regulatory Map of Front Labeling in Argentina. This consultation and analysis tool is aimed at national and provincial public authorities responsible for promoting healthy eating policies and at civil society organizations, academia and the media that monitor the correct implementation of the PAS Law.

 

Consult the REGULATORY MAP: www.etiquetadoenargentina.org/

 

About the PAS Law:

The PAS Law seeks to promote healthy eating and guarantee the right to health and adequate nutrition. It includes measures such as placing warning seals on packaged foods and non-alcoholic beverages to provide clear and understandable nutritional information, encouraging more assertive decisions by consumers. It also regulates aspects such as school environments and nutritional food education, advertising, promotion and sponsorship of the food industry – with special focus on childhood and adolescence – as well as public purchases made by the State. These components contribute to a comprehensive approach to the regulations, strengthening their protective nature and their focus on rights.

 

Contact

Laura Fons, laurafons@fundeps.org

We present an environmental protection for the contamination that Colonia Tirolesa suffers due to fumigations with pesticides. The community does not yet have a municipal ordinance that regulates its application.

“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”.

Colonia Tirolesa is a town that is located in the Department of Colón in the province of Córdoba, 27 km from its capital. Its main economic activity is agriculture, focused on the production of soybeans, potatoes and corn. Due to this, for years, fumigations with pesticides have been constant, which has caused serious problems for the environment and health.

Despite the continuous demands by the population to control and regulate the spraying, since they still do not have their own ordinance that establishes distances according to the characteristics of the place, the Municipality of Colonia Tirolesa never responded.

For these reasons, last Monday, May 8, we presented an Environmental Amparo for the Justice of Córdoba to order the Municipality of Colonia Tirolesa:

  • The creation of an environmental protection zone of no less than one thousand ninety-five meters (1095 meters) away from the external limit of the urban plant, where ground fumigation is prohibited and an environmental protection zone of no less than three thousand meters where spraying areas with any type of chemical or biological product for agricultural use is prohibited;
  • It is prohibited within the environmental protection zone 1, the cleaning and transit of all types of machinery and/or equipment used for the application of chemical and/or biological products for agricultural use: as well as the discarding of containers of this type of product .

In turn, we request as a precautionary measure, that is, prior to the resolution of the above request, that authorizations for applications for future fumigations and/or spraying with chemical or biological products for agricultural use be temporarily suspended. within the mentioned areas, among others. The purpose of this action is to safeguard and protect the rights of those who inhabit the town.

We hope that Justice, making use of the powers granted by environmental legislation, quickly order the Municipality of Colonia Tirolesa to adopt concrete and urgent measures to safeguard the community’s rights to life, health and a healthy environment. . These rights are constantly affected by the excessive use of pesticides.

 

Author
Ananda Lavayen

Contact
Maria Laura Carrizo, lauracarrizo@fundeps.org

 

*Photograph of UTELPa

On April 19, 20 and 21, we participated in Buenos Aires in the Second Conference of the Parties to the Escazú Agreement (COP2), of an extraordinary nature. The main objective was to elect the first members of the Support Committee for the Application and Compliance of the treaty, a body that will accompany the countries in the implementation of the Agreement.

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

During those days, continuity was given to the work that had begun a year ago at COP1 in Santiago de Chile, where it was agreed to hold the extraordinary meeting of 2023 in order to reach certain “agreements” between the member countries that allow the effective application from Escazú as soon as possible. In this sense, different discussions took place around the existing challenges to strengthen access to information, public participation and access to justice in environmental matters.

The official Conference was held in the rooms of the Hotel Libertador and in parallel there were also a series of talks, workshops and meetings organized by the Ministry of the Environment and Sustainable Development of the Nation in conjunction with civil society organizations. civil. The parallel events were enriching since there were exchanges of experiences, knowledge and knowledge regarding the implementation of the Agreement in the different countries.

On the second day of the COP, the Economic Commission for Latin America and the Caribbean (ECLAC) presented the Implementation Guide, which provides information, guidance and different options for States to carry out the Agreement. pointing out Secretary Carlos de Miguel pointed out that “Escazú must be interpreted in an integral way, with a holistic approach and in good faith.” Some States also presented their implementation plans, Argentina communicated the actions that are being developed within the framework of the Fifth National Action Plan for Open Government.

However, the most significant exchanges and interventions occurred when addressing the Action Plan for Environmental Defenders, an instrument that will allow progress towards the full and effective implementation of Article 9 of the Agreement, which establishes that each State party must guarantee a safe environment for people who defend rights in environmental matters. This is essential since Latin America and the Caribbean are more dangerous regions for environmental defenders. There, the original peoples were the protagonists by manifesting the entire path that remains to be traveled and the innumerable existing needs, among them, having effective participation in environmental protection and justice measures, according to their realities.

The defenders of the province of Córdoba were also able to express their claims through the voice of a neighbor who was a member of Vecinxs Unidxs del Barrio San Antonio, who expressed the serious situation of the defenders who were charged with the cause of the Punilla Highway and the conflict with the company Porta Hnos, among others.

In addition, the defenders put on the table the need for the Agreement to contain a gender perspective. In this sense, they stated that it is necessary to make visible the differentiated risks that women defenders have, to vindicate and make visible the role of women as defenders of life and the environment.

Regarding the election of the Support Committee for the Application and Compliance with the Treaty, the States Parties were in charge of electing the seven members of this new instance: Andrés María Napoli (Argentina), Guillermo Eduardo Acuña (Chile), Mariana Blengio Valdés (Uruguay), Rita Leonette Joseph-Olivetti (Granada), Patricia Madrigal Cordero (Costa Rica), Carole Denise Angela Stephens (Jamaica) and Félix Wing Solís (Panama). For the election, criteria of experience in the subject, geographical distribution, gender parity and legal trajectory were taken into account.

The preparation of an Action Plan that establishes protection standards for human rights defenders in Environmental Matters in Latin America and the Caribbean was also presented. This plan is made available and considered through a Public Consultation available until June 21 on the ECLAC website.

It is essential to note that citizen participation, one of the strengths of the Escazú Agreement, has been a matter of discussion since the beginning of the conference, since many people could not participate in the event due to the accreditation system for official activities. We must express our annoyance and concern in this regard, given that many defenders were unable to enter the sessions even when there was space in the room. On the other hand, we welcome Brazil’s commitment to be part of the Agreement in the short term, and we urge the other States of the region to ratify it.

We highlight, once again, that Escazú constitutes an essential tool for the protection of the environment in the region, strengthens the work that local communities are carrying out and provides concrete tools to achieve the human right to a healthy environment. For these reasons, we consider it essential that spaces for discussion continue to be generated and fostered so that the Agreement is implemented as soon as possible in all the countries of the region.

 

More Information

 

Authors

Ananda Lavayén

Carrizo Maria Laura

Contact

lauracarrizo@fundeps.org

Within the framework of the Annual Meeting of the Inter-American Development Bank (IDB), held in Panama, a group of civil society organizations met with the president of the Institution, Ilan Goldfajn, in an attempt to strengthen the link between the parties.

“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”.

Between March 16 and 19, the Annual Assembly of Governors of the Inter-American Development Bank (IDB) and IDB Invest was held in Panama City. It is a debate forum in which the members of the institution, together with those who preside over the central banks and other high-level authorities, discuss and address issues on issues considered to be a priority.

In the opening speech, the current president of the IDB, Ilan Goldfajn, outlined some of the institution’s priorities, which revolve around social issues such as food security, poverty, inequality, health, and education. In turn, he emphasized the mitigation of climate change and adaptation to it, stressing the need to deal with the increasingly frequent natural disasters in the Latin American and Caribbean region. The importance of preserving the biodiversity through the elaboration of an Amazon Regional Program.

The Board of Governors commissioned the preparation of a capital increase proposal for IDB Invest in order to implement a new business model that increases its impact on development through the private sector. In addition, he reiterated the importance of preparing a new Institutional Strategy proposal for the IDB Group, whose approval is scheduled for the next annual meeting in 2024.

The limited participation of civil society

After repeated requests made by a group of civil society organizations, the Bank authorized their participation in the event, although in a limited manner and closed to those who received an invitation. In addition, it was possible to arrange a meeting with the president of the IDB on March 17. In said meeting, the need to generate spaces for dialogue and express the demands of civil society in relation to the bank was raised. Both the possibility of participating in the event and the possibility of meeting with the president represent positive developments, although it remains to be seen if these are real changes in the institution. For now, the bank has invited to continue the dialogue in the coming months to achieve a more effective participation in the annual meetings of 2024.

From Fundeps we have been following and participating in this process together with organizations in the region that make up the IDB Working Group, and we will continue actively in the dialogue processes proposed by the bank.

 

More Information
Governors endorse the vision, priorities and plans for the IDB Group | IADB
Open letter from civil society organizations to IDB President Ilan Goldfajn – Fundeps
The Brazilian Ilan Goldfajn is the new president of the IDB – Fundeps
Open letter to the IDB for the election of a new presidency – Fundeps

 

Authors
Candela Jauregui
Valentina Rasso

Contact
Gonzalo Roza – gon.roza@fundeps.org

Last year was a very significant year for Fundeps and we reflected it in the presentation of our 2022 Yearbook. During that time, we grew, we strengthened our actions and the work team. Above all, we redouble our commitment to a more just, equitable and sustainable society.

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

During 2022 we worked very hard to consolidate processes and our team of more than 75 members, including the Board of Directors, Coordination and Volunteering, which continue to grow alongside our advocacy actions.

We take on new challenges to continue promoting the activities in all the thematic agendas that we work on and Fundeps as an institution. We provide information and tools for citizens and for those who are guarantors of rights, we carry out investigations, promote political advocacy actions and judicial presentations, among other activities. In addition, we built networks with different civil society organizations, which allowed us to achieve great achievements. This year he also met us again. We held face-to-face events and meetings that allowed us to interact, exchange and share moments side by side.

Throughout 2022 we fight for the right to live in a healthy environment. To health and proper nutrition. For lives free of violence and for gender equality. For access to justice, public information and citizen participation in the problems and issues that affect us, with a special focus on groups in vulnerable situations.

In short, we go through challenges and collective learning, always motivated by the same vision: a more just, equitable and sustainable society.

We are very excited about the steps taken and the ones to come! We thank each organization, volunteer and partner for the shared efforts that allow us to strengthen each activity.

With great pride we share our 2022 Yearbook!

VIEW YEARBOOK