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

In the month of March we will start the cycle of workshops “How to access environmental rights? Escazú Agreement for communities”, within the framework of the project “Escazú Agreement: What happens in Córdoba?”, which aims to promote capacities regarding the rights provided for in the Agreement in our province and strengthen community tools to demand 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”.

At the end of last year, we developed the first stage of the project through monitoring and diagnosis of compliance with the rights provided for in the Escazú Agreement (rights of access to information, participation and justice) in our province. The results we obtained aroused great concern about the limited access, by communities, to the rights and tools that the Agreement grants.

Based on the above, the objective of this second stage is to advance in the promotion and consolidation of capacities of the local community, through a cycle of empowerment workshops on the tools provided by this agreement, which was incorporated into our legislation. Within this framework, we will develop four workshops in different strategic locations in the province, with the following schedule:

  • Alta GraciaMarch 18 (9 a.m. to 12 p.m. – Club Central)
  • Villa MaríaMarch 31 (5:00 p.m. to 8:00 p.m. – Universidad Nacional de Villa María)
  • CosquínApril 15 (9 a.m. to 12 p.m. – Sociedad Española)
  • CórdobaApril 28 (in the Amphitheater of the Siglo 21 University – Ituzaingó 484, Nueva Córdoba)

The content of the meetings is presented in 2 large modules:

  1. the first deals with environmental conflicts and essential notions of the human right to a healthy environment and environmental policy;
  2. while in the second it delves into the Escazú Agreement and the rights of access to information, participation and justice.

The speaker will be the lawyer and university professor María Laura Foradori, who is also a specialist in environmental education and a master’s degree in environment and sustainable development, member of ACACIA, a network of environmental lawyers.

We believe that these meetings are very important for the construction of networks and collective knowledge from the territories in struggle against environmental conflicts in our province. We hope that all interested people can join!

 

Sign up here:bit.ly/TalleresDerechosAmbientales

 

This activity is supported by:

Mesa por el Agua y el Ambiente Alta Gracia – Feria Agroecológica Córdoba – Vecinos Unidos en Defensa de un Ambiente Seguro (Fuera Porta) – Vecinos autoconvocados por la salud y el ambiente Marcos Juárez – ACACIA Derecho Ambiental – RACC (Red de Abogacía Comunitaria) – Legal Empowerment Fund – Universidad Villa María – Universidad Siglo 21

 

More Information

 

Contact

Laura Carrizo, lauracarrizo@fundeps.org

On March 3 and 4, we participated in the workshop on Final Beneficiaries of Companies in the extractive and energy sector of Argentina, held in the City of Buenos Aires. The event was organized by Opening Extractives (a program co-implemented by EITI and Open Ownership) and the Argentine Journalism Forum (FOPEA).

“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 workshop had among its objectives to raise awareness about the importance of public information of the final beneficiaries, and at the same time, provide resources and materials to increase research, projects and analysis within this field.

In this sense, the training was divided into three modules: first, content and information on final beneficiaries was presented, from the theoretical to the legal and also practical, both nationally and internationally. Those who spoke in this first module were: Andrés Knobel from the Tax Justice Network; María Eugenia Marano, specialist in corporate law; Pamela Morales, Undersecretary of Mining Development of the Government of the Nation; Gonzalo Fernández of the Ministry of Mining Development of the Nation; and Lucía Cirimello from the Extractive Industries Transparency Initiative (EITI).

Secondly, civil society organizations had the opportunity to present their projects related to the theme. In this way, Edgardo Livitnoff (Red Ruido Coordinator) presented progress on the report “Lithium and transparency in Argentina” that we prepared together. For her part, Eugenia Rodríguez (Centro de Economía Política Argentina) shared details about the work of her organization: “The rich of Argentina”.

Finally, the third module consisted of a practical workshop given by Mariel Fitz Patricks, in which tools and resources were provided for approaching final beneficiaries. The journalist helped us, mainly, to access information and how, in this way, to enrich work carried out and to carry out on the subject.
This instance was very fruitful, not only in terms of knowledge and learning, but also in terms of the possibility of meeting peers from other civil society organizations, with whom one could work together in the near future.

 

 

More information:

 

Author

Maitén de los Milagros Fuma

Contact

Maria Victoria Sibilla, ninasibilla@fundeps.org

More than twenty organizations from Latin America and the United States addressed a letter to the president of the Inter-American Development Bank (IDB) Ilan Goldfajn. They ask that the Bank strengthen its work by committing itself to respect for Human Rights and the protection of the environment and that spaces be created for greater articulation with civil 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”.

The organizations, members and allies of the Coalition for Human Rights in Development alluded in the letter to the commitment assumed by Goldfajn in his inaugural speech as president of the Bank to “take advantage of all opportunities for dialogue” and collaboration with governments, the sector private sector, academia and civil society to solve regional problems.

To strengthen the articulation with civil society, the organizations urged the Bank to open a space for dialogue with civil society at its Annual Meetings, not only because it is a good practice implemented by other multilateral organizations, but also because it is a unique opportunity. to include communities affected by projects.

Since 2017, the group of signatory organizations of the letter has been monitoring and enriching the Bank’s policies and projects that it hopes to continue carrying out. The organizations have contributed to the IDB Environmental and Social Policy Framework, updates to the Independent Consultation and Investigation Mechanism policy, and the Bank’s Access to Information Policy review process.

The organizations seek the IDB to ensure in its practices and operations the promotion and respect of Human Rights, particularly of indigenous peoples, and the protection of key ecosystems in the fight against climate change.

The next Annual Meeting of the Boards of Governors of the IDB and IDB Invest will be held in Panama from March 16 to 19.

Signatory organizations:

  1. Accountability Counsel
  2. AMATE El Salvador
  3. Articulación Salvadoreña de Sociedad Civil para la Incidencia en las Instituciones Financieras Internacionales (ASIFI)
  4. Asociación Ambiente y Sociedad
  5. Asociación Interamericana para la Defensa del Ambiente (AIDA)
  6. Bank Information Center
  7. Center for International Environmental Law (CIEL)
  8. Coalición para los Derechos Humanos en el Desarrollo
  9. Cohesión Comunitaria e Innovación Social A.C. (México)
  10. Conectas Direitos Humanos
  11. Derecho, Ambiente y Recursos Naturales (DAR, Perú)
  12. Ecoa – Ecologia e Ação
  13. Fundación para el Desarrollo de Políticas Sustentables (Fundeps)
  14. Fundación CAUCE: Cultura Ambiental – Causa Ecologista. (Argentina)
  15. Gender Action
  16. International Rivers
  17. International Accountability Project
  18. Mesa de Discapacidad y Derechos (Perú)
  19. Plataforma Internacional contra la Impunidad
  20. Protection International Mesoamérica
  21. Sociedad y Discapacidad – SODIS (Perú)
  22. Sustentarse (Chile)
  23. Wetlands International / Fundacion Humedales (Argentina)

Read the full letter here: Letter to IDB President

 

More Information

Read more

Together with the ECOS Foundation, during the months of October, November and December 2022 we were participating in different training and education instances where we addressed fundamental contents to carry out careful accompaniment and guarantee safe practices of Voluntary and Legal Interruption of Pregnancy (IVE / ILE ) from an integral and human rights perspective. These spaces were especially aimed at health personnel.

“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 training meetings were held in collaboration with the Aurelio Crespo de Cruz del Eje Regional Hospital, the Villa Dolores Regional Hospital, the Dr. Luis María Bellodi Regional Hospital of Mina Clavero, the Villa Carlos Paz Municipal Hospital and the Peasant Movement of Cordoba in the town of Villa de Soto. Around 180 people participated, including health authorities, health professionals, nursing staff, administrative staff, students from disciplines related to health, community health promoters and the general public.

In each meeting, training was provided on the current legal framework that regulates the legal and voluntary interruption of pregnancy, with a detailed development of Law 27,610 and Law 26,529, which regulates the rights of patients in their relationship with professionals and institutions. Of the health. The training also consisted of the development of technical content for the comprehensive approach to careful follow-up, in compliance with internationally recommended parameters to guarantee safe practices of Voluntary and Legal Interruption of Pregnancy (IVE/ILE).

Within the framework of the trainings, we present and distribute our Guide to careful practices for the care of the interruption of pregnancy. It is a document that addresses legal and health aspects based on current legislation, international standards and the recommendations of the World Health Organization (WHO).

Through these instances of training and training aimed at health personnel, we intend to collaborate with the refinement and improvement of this practice from a legal and comprehensive perspective, respectful of human rights and in line with the most current regulations on health matters. In this way, we support the training of health personnel who facilitate the exercise of the rights of women and people with the capacity to gestate, whom we consider guarantors of rights and defenders of human rights.

Authors

Luz Baretta

Mayca Balaguer

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

A few days after the second anniversary of the enactment of the Voluntary Interruption of Pregnancy Law, a new episode of persecution of the reproductive freedom of pregnant people occurred. This time in the city of Villa María, where 4 lifeguards and a doctor were arrested.

“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”.

Arbitrary raids and arrests

During the afternoon of Wednesday, December 21, two members of the Socorristas en Red organization and a health professional were arrested after a series of raids were carried out, at the request of the Public Prosecutor’s Office, for the alleged crime of illegal practice of medicine. , a crime that, according to the Penal Code of the Nation (art. 208), is releaseable. In turn, two more people had an arrest warrant but were not in the country at the time, which is why, through their lawyer, they made themselves available to justice and began to return to the country. Despite this, the prosecutor’s office issued arrest warrants for no reason, which led to their arrest at Ezeiza upon entering the country, on Christmas Eve.

By virtue of the appeal that the defense attorney presented before the Control Court, on Friday, December 23, the release of the health professional was ordered and the following Monday the other four detainees were released. Along with the request for release made by the defender, multiple civil society organizations appeared before the Court spontaneously expressing their concern for the case in a context in which access to the interruption of pregnancy is a recognized right at the national level. and especially because of the type of measures adopted in the framework of the criminal investigation, which were clearly intimidating and disproportionate.

First aid is health

Since its inception in 2012, Socorristas en Red was established as an articulation of collectives that, throughout the country, provide information and openly accompany people who decide to terminate their pregnancies, so that they do so safely and cared for, in accordance with the law and international health and human rights standards.

The practice of the socorristas consists of informing and accompanying the decisions of those who decide to abort, through listening that accommodates the needs and desires of the people who come to them. First aid supports and demands the dignity and justice of abortions, whether self-managed or in the health system. In their daily work, they produce their own materials with information on the practice, communication campaigns and dissemination of rights, and systematizations on the cases they accompany. Their work is public and visible, and its objective is to work for cultural changes that contribute to eradicating shame, fear, and stigma around abortions, so that they are a free and careful practice.

Within the framework of Law 27,610, the delivery of information and accompaniment in the pregnancy termination process carried out by lifeguards is legal and should not be penalized. So much so, that at the international level it is recognized that community accompaniment for transit through pregnancy interruptions is of great importance to improve the safety, effectiveness and individual experience of this process.

Legal abortion in the hospital and anywhere

Since the enactment of the Law on Access to Voluntary Interruption of Pregnancy and Postabortion Care in December 2020, deciding to terminate a pregnancy freely is a right of all people with the capacity to gestate. The law also recognizes the right to request and access care for this practice in the health system services. Therefore, all health personnel (including administrative and security) are responsible for guaranteeing and not obstructing the right to terminate a pregnancy, without prejudice to the fact that these practices can be carried out self-managed.

According to the Protocol for the comprehensive care of people with the right to voluntary and legal termination of pregnancy (IVE/ILE), the care model centered on people adopted by Law 27,610 recognizes the performance of pregnancy terminations with the assistance of health personnel and self-managed. Self-managed practices are considered safe by the World Health Organization (WHO) if they are carried out with adequate information and the methods indicated according to the gestational age and clinical history of the pregnant person. In this way, the preferences and individual aspirations of the users of the services are taken into account and the cultural practices and values ​​of their communities are considered.

These self-managed practices are carried out through the use of medications, such as misoprostol alone or combined with mifepristone. Widespread practice and numerous investigations have shown that performing the medication procedure on an outpatient and self-managed basis is a safe and effective option. Likewise, it is chosen by many women or other people with the capacity to gestate, because it allows them to start the interruption process at the time and place that is most comfortable for them and gives them greater peace of mind.

We do not return to hiding

Two years after the sanction of Law 27,610, which abandoned the criminal paradigm, and recognized the right of women and other people with the capacity to gestate to interrupt their pregnancies, we repudiate this judicial offensive, which is added to a series of strategies that are implemented by conservative sectors to oppose the rights won. We demand that the criminal investigation continue in accordance with the principles that govern human rights and considering the impact that this case has on access to a fundamental health service. The persecution of those who accompany abortions deepens the stigma about the practice, perpetuates stereotypes and endangers access to the right to health.

Support from civil society

On Monday, December 26, about 50 social organizations appeared before the Control Court to express their concern regarding the deprivation of liberty of the 4 lifeguards who were still detained:  Amnistía Internacional Argentina, Centro de Estudios Legales y Sociales (CELS), Centro de Estudio de Estado y Sociedad (CEDES), Católicas por el Derecho a Decidir (CDD), Equipo Latinoamericano de Justicia y Género (ELA), MxM, Fundación ECoS Espacio Córdoba Salud, Consorcio Latinoamerciano en Contra del Aborto Inseguro (CLACAI), Biblioteca Popular Julio Cortázar/ Radio Comunitaria La Quinta Pata, Fundación GEMA – Género y Masculinidad, Centro de Apoyo y Protección de los Derechos Humanos – Surkuna, Centro de Derechos Reproductivos, Movimiento Campesino de Córdoba, Consultorio de Salud Integral, Centro de Investigación y Formación de los Movimientos Sociales Latinoamericanos (CIFMSL), La Tinta, Ni Una Menos, Asociación Civil por la Igualdad y la Justicia (ACIJ), Instituto Laico de Estudios Contemporáneos (ILEC), Fundación para Estudio e Investigación de la Mujer (FEIM), Fundación Siglo 21, Fundación Mujeres en Igualdad (MEI), Fundación Derechos Humanos, Equidad y Género (Fundheg), Movimiento Socialista y del Trabajo (MST), Unión de Trabajadores de Salud, Cooperativa Luna Nueva, Cooperativa Soberanía alimentaria, Cooperativa Podemos, Cooperativa Construyendo Dignidad, Cooperativa Macollando, Asociacion Civil Construyendo Dignidad, Asociación Cordobesa de Medicina Familiar y General (A.C.O.M.F.Y.G), Comisión Provincial de la Memoria de Córdoba, Familiares de detenidos y desaparecidos por razones políticas de Córdoba, Observatorio de Género, Diversidades y Disidencias CPP, Tierra Violeta, REDAAS, Ipas Latinoamérica y el Caribe (Ipas LAC), Fundación Huésped, FUSA A.C., Colectivo de Educadorxs Desde el Sur, Lesbodramas, Colectivo de Acción Contra las Violencias de Géneros de Misiones, Adultxs Protectorxs contra el Abuso Sexual en la Infancia, Docentes por el derecho al Aborto. Misiones, Ñanduti Agrupación Feminista de El Dorado, Colectiva feministas Las Azucenas (La Plata), Consejo Asesor de la Dirección Nacional de Salud Sexual y Reproductiva. 

Authors

Luz Baretta

Mayca Balaguer

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

After participating in a series of face-to-face and virtual public consultations, a group of Civil Society Organizations (CSOs) from the region sent comments and suggestions to the IDB in the framework of the revision of the Bank’s Access to Information Policy.

“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 December 28, 2022, the deadline established by the Inter-American Development Bank (IDB) for sending comments on the draft of the institution’s new Access to Information Policy (PAI) ended. Thus concluded the Second Phase of the Public Consultation Process approved by the Bank and which lasted 90 days.

Within this framework, together with a group of Civil Society Organizations in the region, we sent a document with comments and recommendations in relation to the Draft Policy prepared by the Bank, which, although it incorporates some positive advances, is not enough to guarantee the right of access to information effectively in relation to the actions of the Bank and its customers.

Among the main recommendations and suggestions highlighted in the document, the following stand out:

  • Commitment to access to information as a fundamental human right. The Bank must establish clear commitments to guarantee respect for access to information as a fundamental human right. The right to information is also a key access right for the exercise of other fundamental rights, such as the consultation, participation and involvement of people and communities impacted by projects in decisions that affect or may have an impact on their ways of life. .
  • Implementation Guidelines. It is concerning that some criteria and parameters that will make the PAI effective are left to be addressed in the Implementation Guidelines. In this way, the effectiveness and force of the PAI will depend a lot on the Implementation Guidelines that do not require mandatory compliance as the PAI itself does. In turn, these Guidelines should be consulted through a meaningful participatory process with civil society.
  • Language ambiguity. The PAI contains a lot of ambiguous language and vague and diffuse commitments, which opens the door to different interpretations, including breaches and serious misconduct. Likewise, it prevents the establishment of clear requirements for the borrowers and also the responsibilities of the Bank itself. The Policy must avoid flexibility and ambiguity of language to prevent the use of discretion and non-compliance with respect to its guidelines.
  • Specification of what information is going to be published proactively, disclosure times, in what formats, channels and deadlines. The PAI must clearly establish what information it is going to proactively publish, through what channels or media, in what formats and in what terms. In turn, response times to requests for information are excessive, and the IDB reserves the right to extend these terms indefinitely. The Bank must define shorter and clearer terms in terms of its responses to requests for information, and must be aligned at least with the currently applicable international standards.
  • Country or customer proprietary information. Although the elimination of the “Exception specific information of countries” is celebrated, there is concern that other points of the policy may end up undermining the principle of maximum disclosure and the openness that is intended with such elimination.
  • Exceptions. The exceptions must be more precise and clear criteria must be established for their application, as well as the identification of the specific documents or information to which access will not be given under the exception.
  • Damage assessment. The inclusion of the assessment of the damage for the application of the exceptions is celebrated. However, clear criteria and scales must be specified to delimit its application. If an effort is not made to define these criteria and procedures in the body of the Policy (and leave them for the Implementation Guidelines), there is a risk that during their application discretionary use of exceptions will end up prevailing on the part of the Policy. of the Bank and borrowers. It is recommended to incorporate the criterion of public interest in the damage assessment, as a counterbalance to the damage, and to make the results of the damage assessment public in each specific case.
  • Open data, simple language, accessible formats and usability of the information. The information that is disclosed and published must be useful for those who request it, especially for the communities affected by IDB projects, paying attention to marginalized groups, such as indigenous peoples, Afro-descendants, people with disabilities, women, the LGBTIQ+ population, among others. others. The accessible format, the simple language and the generation of open data are related to the usability of the information. It is recommended that the IDB address the issue of accessible formats, simple language, and open data in more detail and in a transversal manner throughout the PAI, taking into account the importance of this aspect, especially for marginalized groups.

It should be noted that a large part of the recommendations and suggestions contained in the document were previously raised in the framework of the public consultations carried out by the IDB, both online and in person in Montevideo, Bogotá and Washington DC. Precisely, from Fundeps we participated in the face-to-face public consultation in Montevideo, Uruguay on November 15, 2022.

We hope that the inputs provided by civil society are considered by the Bank and contribute to strengthening the draft Access to Information Policy proposed by the institution, which is far from incorporating the highest standards in the matter.

To access the complete document with comments and suggestions sent to the IDB, access here

 

More Information

Contact

Gonzalo Roza, gon.roza@fundeps.org