Together with the Union of Educators of the Province of Córdoba (UEPC) we present the booklet Teacher guarantors of rights. This is a document that provides information on both international treaties and national laws and the province of Córdoba that urge states to create the necessary conditions for teachers to teach sex education in schools.
This working document details the main features of the recently created Asian Infrastructure Investment Bank (AIIB), addressing its structure, operation and current funded projects and the role played by China in its institutionalization.
Within the framework of a declarative action of certainty initiated by Barrick Exploraciones Argentinas S.A and the Province of San Juan, the highest judicial organ of Argentina decided to reject the action. Although the arguments for such a resolution were related to the non-existence of a “judicial case”, in addition, the Court hinted at its position in the eventual proposal of unconstitutionality of the Law of Minimum Budgets for the Preservation of Glaciers and the Periglacial Environment.
“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 proposals of the mining company and the province of San Juan, focused on questioning: a) the legislative procedure for the enactment of Law 26,639 (of Glaciers); b) The unconstitutionality of the aforementioned regulations for advancing on regulatory competences specific to the Province as holder of the original domain of natural resources. The company Barrick and the province of San Juan converged on this last point arguing that the law in question, hypothetically, posed an affront to the possibilities of exploitation by the mining company and management of natural resources by the province.
In view of this situation, the Court analyzed whether the necessary requirements were met for the organ to enter into the analysis of the parties’ claims, that is, if there was a “judicial case” (subject that may be subject to a process). The conclusion reached was that there was no sufficient accredited legal interest, or a so-called “act in the making” (administrative act necessary to consider the existence of a judicial case) that endangers the rights of the parties. He also considered that the lack of completion of the Glacier Inventory (ordered to the Executive Branch by the glaciers law), necessarily implied the inexistence of the “act in the making”, since this inventory was a basic budget for the operation of the attacked law by the parties.
As a consequence of the inexistence of the justiciable case, the Supreme Court held that as regards the conflict between the provincial and national jurisdiction alleged by the province of San Juan, the judicial power should not intervene, while the environmental policy issues should be resolved by the federal dialogue before the intervention of the judges.
However, even though it was not necessary according to the conclusions regarding the inexistence of a justiciable “case”, the ministers of the Court held that the process by which the Glaciers Law had been sanctioned had been valid from the point of view constitutional, according to the background and regulations of the Chamber of Senators.
On the other hand, in a convincing “environmental” message, the Court expressed its opinion regarding the validity of the Glaciers Law, in the face of the arguments that raised its unconstitutionality, thus outlining its position regarding a future “judicial case”. Among some of the arguments offered by the high judicial body, the following can be highlighted:
- The clear rule that when there are rights of collective incidence pertaining to the protection of the environment – in the case of the Law of Glaciers the strategic resource Water – the hypothetical controversy can not be treated as the mere collision of subjective rights (individual lease). The characterization of the environment as a “collective good” changes the focus of the problem, which must not only address the claims of the parties.
- The interests that exceed the bilateral conflict must be considered (in the case between the Province of San Juan and the Barrick mining company against the provisions of the Glaciers Law), in order to have a polycentric vision, since there are numerous rights affected.
- The solution can not only be limited to solving the past, but, and fundamentally, to promoting a solution focused on future sustainability, for which a decision is required that foresees the consequences of such a decision.
- The environment is not according to the National Constitution, an object intended for the exclusive service of man, appropriable according to their needs.
- Access to drinking water is a right that must be regulated under an eco-centric, or systemic legal paradigm, which not only takes into account private or state interests, but also those of the same system, according to the General Environmental Law ( 25,675).
- This vision regarding access to drinking water is relevant as the regulation that protects the glaciers, has as an objective to preserve them as strategic reserves of water resources for human consumption; for agriculture; for the recharge of water basins; for the protection of biodiversity.
- Based on these objectives, the Glaciers Law protects this resource from the harmful effects that certain extractive processes (mining) can have on the preservation and conservation of glaciers. Such protection is part of the provisions of the Paris Agreement on global warming.
- Faced with the provisions of the Law of Glaciers that aim to protect rights of collective incidence, judges must consider that natural and legal persons can certainly be holders of subjective property rights. More must also consider that this individual right must be harmonized with the rights of collective incidence to ensure that the exercise of lawful industry is sustainable.
- The Court concludes that the constitutionality trial of a possible injurious act derived from the glacier law -if a judicial cause is proven- should be analyzed in the context of the weighing of the various rights and property involved.
- Likewise, the Court warns that such weighting will not be possible until the National Executive Power complies with the obligation to draw up the national inventory of glaciers.
In short, the Supreme Court of Justice of the Nation, rejected the action of Barrick Gold and the province of San Juan on the grounds that there was no “judicial case” and did not resolve the substantive claim on the constitutionality or otherwise of the Law of Glaciers. However, in a blunt message, he left his position before an eventual proposal of similar characteristics: Glaciers law, protects a supraindividual environmental good, which, faced with a conflict against an individual right, must be weighted based on criteria of sustainability , Intergenerationality, biodiversity, under an eco-centric or systemic paradigm (not anthropocentric). Between the lines, the Glaciers Law … is constitutional.
- More information:
Read the full ruling of the Supreme Court of Justice
- Author:
Juan Bautista Lopez, juanbautistalopez@fundeps.org
Corruption is a complex, multifaceted, social, political and economic phenomenon that affects all countries, with serious consequences. According to the World Bank “… corruption is commonly defined as the abuse of a public or private office for personal gain …”
In the framework of the public consultation carried out by the Unit on the Rights of Older Persons of the IACHR, Fundeps, together with other civil society organizations, presented a report on national systems for the protection of the rights of older persons at the beginning of this year. the elderly in America.
Together with Comunicar Igualdad, we present the results of an investigation carried out in 2018 on the advertising sector, from educational institutions, trade unions, professional associations and advertising agencies in Córdoba and Buenos Aires.
Together with Comunicar Igualdad, we present the results of an investigation carried out in 2018 on the advertising sector, from educational institutions, trade unions, professional associations and advertising agencies in Córdoba and Buenos Aires.
The document highlights the violence committed by the editorial note of the newspaper La Nación, as well as the abusive reproduction of notions contrary to human rights. These behaviors carried out by the media are constituted as media and symbolic violence, and are a dangerous tool for misinform and create behavioral values that are harmful to citizens.
This publication seeks to disseminate the arguments and recommendations of civil society, individuals and communities impacted on the impact on the right of access to information and transparency in extractive contexts in eight countries of Latin America and the Caribbean: Nicaragua, Guatemala, Dominican Republic , Honduras, Argentina, Brazil, Colombia, and Peru.
After a judicial process of more than 6 years, the Superior Court of Justice of Cordoba rejected the action of amparo filed by the Portal de Belén association that objected the guide that regulates non-punishable abortions, confirming its constitutionality and providing its full force.
On October 30, the Inter-American Commission on Human Rights (IACHR) published a communiqué inviting civil society organizations and other interested social actors of the Organization of American States (OAS) to send information on the situation. of human rights in the region. This information will be used for the preparation of chapter IV A of the annual report of the IACHR corresponding to the year 2018 that will be presented to the General Assembly of the OAS.
“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”.
“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 Supreme Court urged Congress to regular collective proceedings. In the Justice 2020 initiative of the Ministry of Justice, a proposal was drawn up that restricts the possibility of using it as a tool to guarantee rights. Therefore, Congress must bear in mind that this is a debate in which all sectors that may be affected must have participation. From the civil society we bring some brief notes to encourage debate, and the content that could have a future law of collective actions that promote human rights and users and users.
This document was prepared by:
Civil Association for Equality and Justice (ACIJ), Collective of Rights of Children and Adolescents, Legislative Directory, Foundation for the Study and Research of Women (FEIM), Women in Equality, Kaleidos Foundation, Collective Justice, ANDHES, Center for The Implementation of Constitutional Rights, ABOSEX, 100% Diversity and Rights, Fundación Huésped, Fundación Sur Argentina, Poder Ciudadano, FUNDEPS, Homosexual Community Argentina (CHA), FARN, Abogadxs Culturales, Amnesty International Argentina, ELA- Latin American Justice and Gender Team and the Center for Legal and Social Studies (CELS).