Advisory Opinion 32-25 of the Inter-American Court of Human Rights (IACtHR) established the scope of States’ obligations in protecting human rights in the face of the climate emergency. It was issued in response to the request made by Chile and Colombia and was the most participatory process in the history of the institution. Along with other civil society organizations, we contributed arguments that are now reflected in this historic ruling.
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) published Advisory Opinion 32-2025 on the climate emergency and human rights, recognizing the right to a healthy environment and climate, the rights of nature, the climate emergency, and States’ obligations in that regard.
This Advisory Opinion was issued in response to a request from Chile and Colombia for the Inter-American Court to clarify the obligations of States in the face of the climate emergency within the framework of international human rights law.
What is an advisory opinion?
An Advisory Opinion is the means by which the Inter-American Court of Human Rights responds to inquiries from member States of the Organization of American States (OAS) regarding the compatibility of domestic norms with the American Convention on Human Rights; and the interpretation of the Convention or other treaties related to the protection of human rights in the Americas.
Why is Advisory Opinion 32-25 important?
Advisory Opinion 32-25 explicitly recognizes the climate crisis and frames it within the context of a “triple planetary crisis” caused by the interconnected and reinforcing effects of three concurrent phenomena: climate change, pollution, and biodiversity loss. In the Court’s words, this triple crisis “threatens the well-being and survival of millions of people around the world.”
It notes that the magnitude of climate change impacts is undeniable, interconnected, and rapidly evolving. The Court places special emphasis on the disproportionate impact of the climate crisis on people in vulnerable situations: “The poorest and most unequal regions of the world are more vulnerable to experiencing the most severe consequences of climate change precisely because their livelihoods are more climate-sensitive, they have fewer resources and less capacity to cope with these consequences, have limited access to basic services and resources, often face greater governance challenges, and are more likely to experience violent conflict.”
Based on this, the Court concludes that this climate emergency can only be adequately addressed through urgent and effective mitigation and adaptation actions and a shift toward sustainable development, articulated with a human rights perspective and grounded in the paradigm of resilience.
In this regard, the Court sets out a series of obligations for both States and businesses, while also recognizing the rights of citizens. These obligations are organized around four main pillars:
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Human rights obligations in response to the climate crisis
The Court states that States must take all necessary measures to reduce risks related to climate degradation and its consequences. To do so, they must act with reinforced due diligence, which includes: identifying and assessing risks; adopting proactive and ambitious preventive measures to avoid the worst climate scenarios; using the best available science in the design and implementation of climate actions; continuously and adequately monitoring the effects and impacts of the measures taken; ensuring transparency and accountability in climate matters; and appropriately regulating and supervising corporate due diligence. Additionally, States must cooperate with one another in good faith to advance the respect, protection, and progressive realization of human rights that are threatened or affected by the climate emergency.
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Obligations arising from the recognition of fundamental rights
The Court expressly recognizes the right to a healthy environment, which is fundamental to humanity’s existence and, when violated, may directly or indirectly affect individuals due to its connection with other rights such as the right to health, personal integrity, and life, among others. Connected to this right, it also recognizes the right to a healthy climate, which means that every person should be able to develop within a climate system free from dangerous human interference. It especially highlights the rights of present and future generations of humans and other species to maintain a climate system suitable for ensuring their well-being and the balance among them.
In a novel development, it also recognizes nature and its components as rights-bearing subjects, stating that States have the positive obligation to ensure the protection, restoration, and regeneration of ecosystems.
Furthermore, the Court emphasizes that States must safeguard and guarantee the realization of other rights that are threatened or affected by climate impacts, such as the rights to life, personal integrity, health, private property, housing, freedom of residence and movement, water, food, work, social security, culture, and education. It also affirms the obligation to reduce greenhouse gas emissions and promote a transition toward sustainable development.
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Obligations stemming from democracy and procedural rights
The Court stressed the need to ensure that, in the context of the climate emergency, decisions are made in a participatory, open, and inclusive manner. To that end, States must guarantee the rights of access to information, public participation, access to justice, and the protection of human rights defenders in environmental matters.
It also underscores the importance of the right to science and the recognition of traditional, ancestral, and local knowledge, as well as the role of Indigenous women in the preservation of ecosystems.
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Obligations arising from the principle of equality and the prohibition of discrimination
The Court identifies the following groups as especially vulnerable to the climate crisis: children and adolescents; Indigenous, tribal, Afro-descendant, peasant, and fishing communities; women, persons with disabilities, and older adults. These populations are more dependent on ecosystems that are exposed to the effects of climate change and extreme weather events. Their vulnerability is particularly acute when they are also in situations of multidimensional poverty.
In this context, the Court held that States must gather all necessary information to design and implement policies and strategies that ensure these individuals have access to goods and services to lead a dignified life in the context of the climate crisis. The Court also emphasized that measures taken as part of a just climate transition should not worsen multidimensional poverty but instead be used as an opportunity to include these populations and enable them to fully enjoy their rights.
The Key Role of Civil Society Organizations
The outcome of this advisory opinion was reached following one of the most important consultative and participatory processes in the history of the Inter-American Court of Human Rights, during which 263 submissions were received from over 600 actors, including States, international organizations, state institutions, communities, civil society organizations, academic institutions, businesses, and individuals.
At Fundeps, we were part of this participatory process through an amicus curiae submitted together with more than 15 civil society organizations, elected Public Representatives from the Escazú Agreement, and communities in resistance, contributing various arguments that are now reflected in this ruling. We also supported the participation of Luisa Gómez from the CIEL Foundation, Silvia Cruz, and Maria Rosa Viñolo from Vecinas Unidas en Defensa de un Ambiente Seguro (VUDAS), who presented, on behalf of the amicus, during the hearing held on May 27, 2024, in the city of Manaus, Brazil, as part of this process.
Undoubtedly, this Advisory Opinion is an unprecedented step forward in the protection of human rights in the face of climate change. At Fundeps, we hope it inspires countries across the Americas to take urgent, just, and nature- and people-respecting actions.
Author:
Ananda Lavayen
Contact
Laura Carrizo, lauracarrizo@fundeps.org
New threat to the Labeling Law in Argentina
In April of this year, the Common Market Group (GMC) instructed Working Subgroup No. 3 to resume negotiations for a Technical Regulation on Front-of-Package Nutrition Labeling, with the goal of harmonizing regulations among member countries of the bloc. If approved, this regulation would include, among other elements, the unification of a graphic warning system and a nutrient profile model (NPM).
If such a regulation is adopted, MERCOSUR countries would be required to adapt their national front-of-package labeling standards to align with the bloc’s decision. It is important to highlight that Argentina currently has the most robust front-of-package labeling system in the region. If, during the harmonization process, elements from other countries’ systems were incorporated, the local regulation would be seriously weakened. Adopting lower standards would represent a step backward in the protection of the right to health, adequate nutrition, and access to information in our country.
Why is this a threat?
Argentina’s front-of-package labeling system warns about a greater number of excessive critical nutrients than those used in other countries.
It is the only one that includes precautionary statements for caffeine and sweeteners, warning against their consumption by children and adolescents.
The Argentine system is based on the Pan American Health Organization (PAHO) Nutrient Profile Model, which covers many more unhealthy products than those addressed by other national models.
For these reasons, we call for any future harmonization within MERCOSUR to fully adopt the Argentine system, to prevent the weakening of the Labeling Law and the resulting setback in public health protection. We urge Argentine representatives to defend the rights that have been achieved.
Within this context, together with other civil society organizations, we are relaunching the campaign “Don’t Cover Our Eyes”, first developed in 2021, now with the goal of raising awareness about the need to defend the law against these threats.
Furthermore, as part of collaborative work with various academic and civil society organizations across the region, regional institutions from Argentina, Brazil, and Uruguay have recently issued a joint statement, recognizing the Argentine system as the model to follow for a potential common technical regulation on front-of-package labeling.
Organizations committed to the right to food from different MERCOSUR countries will participate as observers in the upcoming Working Subgroup No. 3 meeting, to be held in October, to closely monitor the progress of these discussions.
More information:
Recommendations for addressing the discussion on Front-of-Package Labeling within MERCOSUR
Infographic
Website of the campaign “Don’t Cover Our Eyes Again”
Contact:
Maga Merlo — magamerlov@fundeps.org
Litigation and research in response to rollbacks in gender policies
From September 25 to 26, the 3rd Conference on Law, Justice and Society, “Thinking about the Present to Dispute the Future: Science, Democracy and Rights under Tension,” was held. The event was organized by the Institute for Studies on Law, Justice and Society (IDEJUS) of the National Scientific and Technical Research Council (CONICET) and the National University of Córdoba. Fundeps supported the conference as one of the endorsing institutions. This forum regularly brings together researchers, academics, activists, and legal professionals to discuss key challenges related to justice, public policies, and human rights in Argentina.
At this edition, Fundeps participated in Panel 9: “Advances and Challenges of Gender and Sexuality Agendas in Argentina.” During this session, María Luz Baretta and Mayca Balaguer, members of the Fundeps team, presented the paper “Civil Society Resistance to the Dismantling of Gender Policies in Argentina.”
The presentation examined the process of budget cuts and the dismantling of public policies related to gender equality, sexual and reproductive health, and the prevention of violence since December 2023. It also addressed the strategies promoted by civil society to confront these setbacks. Among the experiences shared, particular emphasis was placed on strategic litigation, preventive actions, and advocacy measures developed in collaboration with other organizations. These efforts aim to ensure the continuity of essential programs, the provision of critical supplies, and the fulfillment of the State’s human rights obligations.
The paper invited reflection on the response capacity and resilience of civil society in contexts of rights regression, as well as on the importance of strengthening alliances, evidence production, and State accountability mechanisms.
Fundeps’ participation in these conferences reaffirms its commitment to the defense of the rights of women, girls, adolescents, and gender-diverse communities, and to the collective construction of legal and social knowledge for a more just and equal society.
Contact:
Mayca Balaguer, maycabalaguer@fundeps.org
We join the UNC Social Advisory Council
The Executive Director of Fundeps, Mayca Balaguer, has been appointed as a member of the Social Consultative Council (CSC) of the National University of Córdoba (UNC) in its newly established composition, approved on August 18. This body, recognized in the statutes of the UNC, is tasked with advising the Rector and the Honorable Superior Council on non-academic matters and fostering exchanges between the community and the university.
Its objectives include contributing to the fulfillment of the mission of the National University of Córdoba through strategies of cooperation, consultation, and participation, thereby incorporating the perspectives of the community it represents.
The Council constitutes a space for dialogue, participation, and cooperation, bringing together representatives from various civil society organizations and institutions, human rights bodies, trade unions, and productive entities.
At the first meeting of its renewed composition, held on September 17 at Pabellón Argentina and chaired by Rector Jhon Boretto and Vice-Rector Mariela Marchisio, the key work areas guiding this new stage were presented.
At Fundeps, we welcome our incorporation into the CSC with the firm conviction that knowledge production, scientific development, and the training of professionals with a human rights perspective are fundamental pillars for building a more just, equitable, and sustainable society. This participation also commits us to defending science, education, and public health, particularly in a context of State underfunding.
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
Territorial Feminisms for a Popular Ecology
Last Wednesday, September 10, members of Fundeps took part in a day of exchange organized by the Córdoba Peasant Movement (Movimiento Campesino de Córdoba, MCC), within the framework of the visit to the province by the renowned Spanish ecofeminist leader Yayo Herrero. The meeting was held at the Faculty of Social Sciences of the National University of Córdoba and brought together social, academic, and territorial organizations from different provinces. Francisca Fernández Droguett, from Chile’s Movement for Water and Territories (Movimiento por el Agua y los Territorios, MAT), and Carolina Llorens, from the MCC, also participated.
During the event, participants addressed the main challenges posed by the ecosocial crisis and the strategies proposed by eco-territorial feminisms to place life at the center. The presentations invited reflection on the need to question existing power structures, create narratives that appeal to desire and hope, and build possible futures from the present.
In the collective working spaces, participants shared experiences and common concerns, such as the overload of struggles and urgent demands affecting territories, the lack of time for reflection and care, and the tensions between the discourse of a “just energy transition” and the extractivist logics that continue to prevail. In response to this context, the importance of strengthening community ties, sustaining collective spaces, and recognizing care as a political practice was emphasized.
Fundeps’ participation in this meeting is part of our commitment to weaving alliances and promoting dialogue among different agendas and social movements, with the aim of contributing to a just transition that incorporates the voices of those who defend territory and life.
Contact:
Mayca Balaguer, maycabalaguer@fundeps.org
We participated in the XVI Regional Conference on Women in Latin America and the Caribbean
The Regional Conference on Women takes place every three years and is a key event to drive progress in gender equality across the region. It is a subsidiary body of the Economic Commission for Latin America and the Caribbean (ECLAC) and the main United Nations intergovernmental forum on women’s rights and gender equality in the region. Since 1977, it has convened regularly to analyze regional and subregional situations regarding women’s autonomy and rights, and to present recommendations on gender equality public policies, in compliance with regional and international agreements.
Romina Pezzelato, coordinator of the Gender and Diversity Area, represented Fundeps in the extensive agenda of “side events” officially supported by CEPAL. These gatherings brought together civil society representatives from across the region to deepen dialogue and debates around the human right to care, the central theme of this year’s Conference.
Throughout the week, one of the most significant highlights was the response of the Inter-American Court of Human Rights to Argentina’s request for an advisory opinion, recognizing the right to care as an autonomous right—that is, not only as an aspect linked to other rights but as a right in itself—across three dimensions: the right to provide care, the right to receive care, and the right to self-care. Based on this position, the IACHR recommended that states in the region implement public policies that guarantee dignity, equality, and shared responsibility in the provision of care throughout the life cycle.
Care as a concept of struggle and community resistance
In a regressive regional context, where the rise of right-wing forces compels us to uphold networks and actions that protect hard-won rights, many of the debates centered on sustaining agendas that push for public policies guaranteeing the right to care. Defending care as an act of sovereignty for women situates us not within our homes ensuring the reproduction of life, but as protagonists in struggles such as the defense of land, the environment, food sovereignty, and sexual and reproductive rights, among others.
On Monday, August 11, the Feminist Forum took place as a precursor to the XVI Regional Conference on Women. Feminists from more than 150 civil society organizations across Latin America and the Caribbean came together to make their voices heard by governments. As a result of an intense day of debate, a document was drafted and read at the official Conference by a representative of the Otrans organization, addressing authorities present:
“Neither silence, nor setbacks, nor nostalgia, nor consolation. Thirty years after Beijing, we demand justice. We call on States to return to the basics: to place life, social, racial and ecological justice, as well as gender equality and the protection of human rights, at the center. We also invite you to be bold and creative in your responses. Feminists have been building collective, sustainable and radical strategies for decades, which must be recognized and incorporated into State debates.”
In another strong document outlining the many dimensions of the right to care in the current regional context, the Feminist Forum also stated:
“We demand clear commitments to the most humanizing agenda of all: one that promotes an economic, political, social, and cultural model that generates well-being, is sustainable, and places care at the center. An agenda that has defended the recognition of the right to decide over our own bodies and life projects. One that guarantees social justice with a restorative and reparative approach. The agenda of substantive equality supported by feminisms. From Palestine to Haiti, we demand peace, justice, and equality!”
The Commitment of Tlatelolco is the name of the official document resulting from the XVI Regional Conference on Women, in which regional governments pledged to develop public policies aimed at reducing inequality gaps that continue to weigh on the bodies of women and LGBTQI+ people.
At Fundeps, we reaffirm our ongoing commitment to advocacy actions that engage with each of these demands in defense of human rights.
Contact:
Romina Pezzelato, romina.pezzelato@fundeps.org
From Fundeps, Fundación Sanar and Anfibia Podcast, we launch the second season of “Exceso de Todo.”
Starting September 4, the second season of Exceso de Todo is available.
The podcast that revealed that Argentina’s Law on the Promotion of Healthy Eating is much more than the black octagons on food packaging returns with new questions: Why is a law built on scientific evidence, backed by experts, and passed with broad political consensus now facing attempts at deregulation?
In its first season, the podcast used the Law on the Promotion of Healthy Eating — known as the Front-of-Pack Labelling Law — as a starting point to show that eating well goes far beyond labelling. Across five episodes, it explored how we eat in Argentina, what we need to eat better, and why food choices are not merely individual decisions.
In this second edition, through three episodes, journalist Soledad Barruti uncovers how the food industry interferes with the implementation of the law, the role the State plays in this process, and how civil society is organizing to defend it.
This season also digs deeper, inviting us to question the logic behind how Argentina’s food system has been and continues to be regulated. Talking about what we eat, how it’s produced, and how we consume it has never been more urgent.
The first episode analyzes the ongoing attempts to deregulate the Front-of-Pack Labelling Law and the industry’s strategies to weaken its enforcement.
The second explores the social consequences of living and growing up in a state of food emergency — especially for children and adolescents.
The third looks beyond the urgency to imagine a new paradigm: food sovereignty as the path toward ensuring access to fresh, healthy and sustainable food.
Listen to the podcast here
Exceso de Todo is an original production by Fundeps, Fundación Sanar, and Anfibia Podcast.
General Coordination: Natalia Arenas
Journalistic Production and Script: Lucila Lopardo
Sound Design: Mateo Corrá
Executive Production: Tomás Pérez Vizzón
Communications: Vera Ferrari
Visual Identity and Illustrations: Flora Buraschi
Administration: Ana Laura Fortuzzi
Anfibia Magazine Direction: Cristian Alarcón
At Fundeps, we continue working to defend evidence-based public policies that protect the right to health and guarantee adequate nutrition for everyone.
Contact:
Maga Merlo – magamerlov@fundeps.org
We held the second meeting “Networks of Commitment and Care”
With the participation of more than 40 healthcare professionals, we held the second meeting “Networks of Commitment and Care” on August 2 in the city of Córdoba. It was a space for training, active listening, and exchange, aimed at strengthening capacities, sharing experiences, and highlighting good practices in sexual and (non) reproductive health with a diversity perspective and a rights-based approach.
This initiative, promoted by the Gender and Diversity area of Fundeps in collaboration with Belén Carcedo from the Comprehensive Health Clinic and Sofía Menoyo, member of Socorristas en Red, brought together professionals from various localities: Agua de Oro, La Granja, Jesús María, Santa Rosa de Calamuchita, Villa Dolores, Huinca Renancó, La Paquita, Corral de Bustos, Bell Ville, Paso Viejo, Alta Gracia, and Villa Los Aromos.
On this occasion, the meeting focused, on the one hand, on the medical practice of Manual Vacuum Aspiration (MVA) as a safe, outpatient method of pregnancy termination recommended by the World Health Organization; and, on the other hand, on the challenges related to providing care with a rights-based approach for children, youth, and trans masculinities.
At a time when defunding of public health policies and stigmatization are affecting access to pregnancy termination, we updated and provided legal tools for healthcare teams that continue to guarantee the right to safe and free abortion in our province, under the terms of Law 27.610. Fundeps attorneys Mayca Balaguer and Luz Baretta offered an overview of the current legal framework on health from a human rights perspective. The emphasis was placed on the rights of children and adolescents, in light of key principles such as progressive autonomy and the best interests of the child, incorporated into the Civil and Commercial Code in 2015—principles that guide various health practices, including voluntary and legal termination of pregnancy.
In the afternoon, we began the work session coordinated by Santiago Merlo, a teacher and trans activist, member of the Trans Fatherhood Network, with whom we reflected on approaches within the health system from a diversity perspective. We reviewed the importance of dismantling our own prejudices and making room for trans experiences within the consultation space, using inquiry as a primary tool when faced with uncertainty: “There is no need for us to assume the sexual orientation or gender identity of those seeking care; asking them is a relief both for them and for health professionals. It is a fundamental resource,” Santiago stated.
Finally, we collectively reconstructed the milestones that enabled us to advance the implementation of AMEU practices in the province. We discussed the main challenges faced in each territory and the strategies that we can continue to strengthen through network-based work, which is one of our main commitments at Fundeps.
When asked what “accompanying” means, Camila Recalde, a family physician from the Cruz del Eje area, explained: “For me, it is about being able to put oneself in the place of the other, in that moment, and understanding that the people who come to consultations are subjects of rights, and that we are there to accompany decisions and processes with a respectful and compassionate perspective toward what that person is experiencing at that time.”
This was yet another opportunity to recharge our energies and continue working together to strengthen access to comprehensive sexual health care in Córdoba, with a diversity perspective and a rights-based approach.
Contact:
Romina Pezzelato – romina.pezzelato@fundeps.org
A law for Córdoba to take the lead on healthy eating
This Thursday, July 31, the Foundation for the Development of Sustainable Policies (Fundeps) and the Córdoba College of Nutritionists presented a provincial bill to Promote Healthy Eating. The bill expands and complements the National Front-of-Package Labeling Law to ensure its full implementation in Córdoba. With the initial support of Radical legislator Brenda Austin, the bill already has 22 signatures from representatives of seven legislative blocs, and more endorsements and contributions are expected in the coming days.
The initiative is also backed by various academic and civil society organizations at the provincial, national, and regional levels, particularly the Latin American and Caribbean Community on Nutrition and Health (COLANSA), whose support is key to building healthier environments in Córdoba and across the region.
Why a provincial healthy eating law?
Since October 2021, Argentina has had Law 27.642 on the Promotion of Healthy Eating, better known as the Front-of-Package Labeling Law, which protects the constitutional rights to health, adequate nutrition, and consumer information. It was approved by large parliamentary majorities and supported by more than 150 scientific, academic, and health organizations from across Latin America. This progressive regulation addresses food issues from a comprehensive perspective and establishes four key pillars: warning labels (the well-known seals); regulation of food and beverage advertising, promotion, and sponsorship; the promotion of healthy school environments; and public procurement of food by the State.
Law 27.642 regulates matters of public order and is therefore mandatory throughout the country. However, the healthy eating promotion policies it defines require provinces to also do their part.
Ten provinces have already taken significant steps in this direction. According to Argentina’s Normative Map, most have done so by simply adhering to the national law. However, provinces like Catamarca, Tierra del Fuego, and Neuquén have gone further, enacting provincial laws that complement, adapt, and improve the implementation of the national law within their territories. Córdoba now has the opportunity to pass an exemplary regulation and become one of the leading provinces in protecting the right to health and adequate nutrition for its population—especially for those in the most vulnerable situations, such as children and adolescents.
The need is urgent. The National Analysis on the Food Situation in Vulnerable Neighborhoods, published in May 2024, revealed that 89% of the 5,357 surveyed households in vulnerable neighborhoods in Buenos Aires City and 19 provinces suffered from food insecurity. Similarly, according to the Social Debt Observatory of the Catholic University of Argentina, in 2024, 35.5% of children and adolescents were in a situation of food insecurity, and almost half of this population experienced severe food deprivation.
In the same vein, UNICEF’s 2024 Rapid Survey found that more than half of households had reduced their food consumption due to lack of money—especially fresh and healthy foods such as fruits, vegetables, meats, and dairy products.
Córdoba is no exception. In February, a year-on-year study published by the Institute of Statistics and Social and Economic Trends of the Grocery Owners’ Center showed a significant deterioration in the nutritional quality of Córdoba households. It found an increase in the consumption of cheaper but less nutritious foods and a significant drop in the consumption of vegetables, fruits, and meats, affecting between 30% and 62% of surveyed households.
This worsens an already concerning situation, where a lack of essential nutrients coexists with malnutrition due to excess critical nutrients. As a result, non-communicable chronic diseases (NCDs) are rising at increasingly younger ages and in more vulnerable sectors, representing the leading cause of death at 73.4%.
What does the bill presented in Córdoba propose?
In this context, the Healthy Eating Promotion Bill, driven by Fundeps and the Córdoba Association of Nutritionists, seeks for the province to take an active role in monitoring and enforcing front-of-package labeling and restrictions on the advertising, promotion, and sponsorship of unhealthy foods. It also expands these regulations to spaces under provincial and local jurisdiction. In addition, it strengthens components related to healthy school environments and public food procurement.
Regarding advertising, the bill restricts the marketing of unhealthy products at points of sale—such as kiosks or supermarkets—and in public spaces. It also defines what constitutes advertising aimed at children and adolescents, addressing a major gap in the national legislation. In this way, the text provides stronger protection of the right to information and adequate nutrition in the face of aggressive marketing strategies that encourage the purchase of products harmful to health.
As for school environments, the bill establishes mandatory food education content in schools and provides training for teachers, kitchen staff, and the entire educational community. It also mandates that educational institutions be free of unhealthy products. This applies both to foods available for sale (kiosks and cafeterias) and to the menus offered in public and private school cafeterias.
In this regard, the bill formalizes a nutritional framework for PAICor food programs, in line with national recommendations, aiming to ensure a greater supply of healthy foods—such as fruits, vegetables, and meats—across all its management systems. It also promotes sourcing part of the fresh foods from family, peasant, and Indigenous agriculture.
On public procurement, the bill incorporates the national law’s criteria and prioritizes the purchase of healthy foods in all types of contracts and food programs, setting a minimum percentage of fresh foods. This priority becomes absolute when the recipients are children and adolescents. This is particularly relevant today, as many food programs previously managed by the national government are now being shifted to provincial and even municipal administrations.
Another strong point of the proposed regulation is the creation of a Healthy Eating Observatory with the participation of civil society to ensure monitoring, transparency, and public access to information on the law’s compliance and the population’s nutritional health status.
Finally, the bill acknowledges the role of local governments and municipalities in its implementation, encouraging them to adopt the necessary measures to ensure compliance with the proposed standards.
An opportunity for all of Córdoba society
This bill represents a concrete opportunity for Córdoba to take national leadership in the comprehensive protection of the rights to health, adequate nutrition, and consumer information—especially for children and adolescents throughout the province. In the face of a worsening food crisis, it is urgent to act decisively to guarantee public policies that prioritize health and the right to information over commercial interests.
Fundeps and the Córdoba Association of Nutritionists invite legislators, provincial and municipal executive authorities, social organizations, educational communities, and citizens in general to support this bill so that healthy eating is not a privilege but a reality on every table and in every school in Córdoba.
Today, more than ever, advancing a provincial healthy eating law is an urgent necessity.
Author:
Nayla Palacios
Contact:
Maga Ailén Merlo Vijarra – magamerlov@fundeps.org
Historic: The Inter-American Court recognizes the human right to a healthy climate
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) published Advisory Opinion 32-2025 on the climate emergency and human rights, recognizing the right to a healthy environment and climate, the rights of nature, the climate emergency, and States’ obligations in that regard.
This Advisory Opinion was issued in response to a request from Chile and Colombia for the Inter-American Court to clarify the obligations of States in the face of the climate emergency within the framework of international human rights law.
What is an advisory opinion?
An Advisory Opinion is the means by which the Inter-American Court of Human Rights responds to inquiries from member States of the Organization of American States (OAS) regarding the compatibility of domestic norms with the American Convention on Human Rights; and the interpretation of the Convention or other treaties related to the protection of human rights in the Americas.
Why is Advisory Opinion 32-25 important?
Advisory Opinion 32-25 explicitly recognizes the climate crisis and frames it within the context of a “triple planetary crisis” caused by the interconnected and reinforcing effects of three concurrent phenomena: climate change, pollution, and biodiversity loss. In the Court’s words, this triple crisis “threatens the well-being and survival of millions of people around the world.”
It notes that the magnitude of climate change impacts is undeniable, interconnected, and rapidly evolving. The Court places special emphasis on the disproportionate impact of the climate crisis on people in vulnerable situations: “The poorest and most unequal regions of the world are more vulnerable to experiencing the most severe consequences of climate change precisely because their livelihoods are more climate-sensitive, they have fewer resources and less capacity to cope with these consequences, have limited access to basic services and resources, often face greater governance challenges, and are more likely to experience violent conflict.”
Based on this, the Court concludes that this climate emergency can only be adequately addressed through urgent and effective mitigation and adaptation actions and a shift toward sustainable development, articulated with a human rights perspective and grounded in the paradigm of resilience.
In this regard, the Court sets out a series of obligations for both States and businesses, while also recognizing the rights of citizens. These obligations are organized around four main pillars:
Human rights obligations in response to the climate crisis
The Court states that States must take all necessary measures to reduce risks related to climate degradation and its consequences. To do so, they must act with reinforced due diligence, which includes: identifying and assessing risks; adopting proactive and ambitious preventive measures to avoid the worst climate scenarios; using the best available science in the design and implementation of climate actions; continuously and adequately monitoring the effects and impacts of the measures taken; ensuring transparency and accountability in climate matters; and appropriately regulating and supervising corporate due diligence. Additionally, States must cooperate with one another in good faith to advance the respect, protection, and progressive realization of human rights that are threatened or affected by the climate emergency.
Obligations arising from the recognition of fundamental rights
The Court expressly recognizes the right to a healthy environment, which is fundamental to humanity’s existence and, when violated, may directly or indirectly affect individuals due to its connection with other rights such as the right to health, personal integrity, and life, among others. Connected to this right, it also recognizes the right to a healthy climate, which means that every person should be able to develop within a climate system free from dangerous human interference. It especially highlights the rights of present and future generations of humans and other species to maintain a climate system suitable for ensuring their well-being and the balance among them.
In a novel development, it also recognizes nature and its components as rights-bearing subjects, stating that States have the positive obligation to ensure the protection, restoration, and regeneration of ecosystems.
Furthermore, the Court emphasizes that States must safeguard and guarantee the realization of other rights that are threatened or affected by climate impacts, such as the rights to life, personal integrity, health, private property, housing, freedom of residence and movement, water, food, work, social security, culture, and education. It also affirms the obligation to reduce greenhouse gas emissions and promote a transition toward sustainable development.
Obligations stemming from democracy and procedural rights
The Court stressed the need to ensure that, in the context of the climate emergency, decisions are made in a participatory, open, and inclusive manner. To that end, States must guarantee the rights of access to information, public participation, access to justice, and the protection of human rights defenders in environmental matters.
It also underscores the importance of the right to science and the recognition of traditional, ancestral, and local knowledge, as well as the role of Indigenous women in the preservation of ecosystems.
Obligations arising from the principle of equality and the prohibition of discrimination
The Court identifies the following groups as especially vulnerable to the climate crisis: children and adolescents; Indigenous, tribal, Afro-descendant, peasant, and fishing communities; women, persons with disabilities, and older adults. These populations are more dependent on ecosystems that are exposed to the effects of climate change and extreme weather events. Their vulnerability is particularly acute when they are also in situations of multidimensional poverty.
In this context, the Court held that States must gather all necessary information to design and implement policies and strategies that ensure these individuals have access to goods and services to lead a dignified life in the context of the climate crisis. The Court also emphasized that measures taken as part of a just climate transition should not worsen multidimensional poverty but instead be used as an opportunity to include these populations and enable them to fully enjoy their rights.
The Key Role of Civil Society Organizations
The outcome of this advisory opinion was reached following one of the most important consultative and participatory processes in the history of the Inter-American Court of Human Rights, during which 263 submissions were received from over 600 actors, including States, international organizations, state institutions, communities, civil society organizations, academic institutions, businesses, and individuals.
At Fundeps, we were part of this participatory process through an amicus curiae submitted together with more than 15 civil society organizations, elected Public Representatives from the Escazú Agreement, and communities in resistance, contributing various arguments that are now reflected in this ruling. We also supported the participation of Luisa Gómez from the CIEL Foundation, Silvia Cruz, and Maria Rosa Viñolo from Vecinas Unidas en Defensa de un Ambiente Seguro (VUDAS), who presented, on behalf of the amicus, during the hearing held on May 27, 2024, in the city of Manaus, Brazil, as part of this process.
Undoubtedly, this Advisory Opinion is an unprecedented step forward in the protection of human rights in the face of climate change. At Fundeps, we hope it inspires countries across the Americas to take urgent, just, and nature- and people-respecting actions.
Author:
Ananda Lavayen
Contact
Laura Carrizo, lauracarrizo@fundeps.org
The VUDAS fight crosses borders: the IACHR analyzes the case for human rights violations in Córdoba
In April 2024, the Foundation for the Development of Sustainable Policies (Fundeps), together with the United Neighbors in Defense of a Healthy Environment (VUDAS), submitted a petition to the Inter-American Commission on Human Rights (IACHR). The purpose of the petition is for the IACHR to become aware of the violation of fundamental rights resulting from the illegal operation of the company Porta Hnos. S.A. in the San Antonio neighborhood of the City of Córdoba, and to assess the responsibility of the Argentine State in this regard.
Over the course of these 13 years of struggle, VUDAS has filed numerous administrative complaints and legal actions at various levels of government, supported by solid independent studies that prove the serious damage caused to the environment and the health of families in the neighborhood. However, to this day, they have not received any solutions from local authorities. That is why we decided to bring their case before this international body.
Recently, we were notified that the petition has moved to a new stage in the process: the admissibility stage. This means that the IACHR considers the petition to meet the formal requirements and is ready to be analyzed in depth. To that end, it has requested information from the Argentine State, which must respond within four months of the request being sent—by July 25. Reaching this stage is of great importance, as only a small number of the thousands of petitions the IACHR receives annually make it this far.
In the petition, we request that the competent authorities be required to:
Adopt the necessary measures to stop the pollution caused by Porta Hnos. S.A.
Order the immediate relocation of the plant located at Avda. Valparaiso 4850, City of Córdoba, outside the urban area of the city, in compliance with current environmental legislation.
Take all necessary measures to identify and remediate the environmental damage caused by the plant’s operations.
Provide free medical and psychological assistance to those affected by the environmental pollution.
Order the creation of a Community Development Fund to be financed by the company.
All of this is within the framework of the serious pollution caused by the company’s operations, which affects the community’s rights to health, a healthy environment, a dignified life, and citizen participation, among others, for those living near the bioethanol plant.
A company that breaks the law with state backing
Over all these years, the company has failed to comply with the Environmental Impact Assessment procedure, despite it being a mandatory legal requirement for this type of industry and having been ordered by at least four court rulings at different levels. Even more serious is the fact that this noncompliance is not only due to the company’s refusal, but also because the Ministry of Environment and Circular Economy itself has refused to require the company to carry out the assessment.
In this context of state absence and neglect, progress in this international instance represents an opportunity to seek justice for all the environmental and social harm caused by the company. It also represents a renewed push in the sustained struggle of VUDAS, supported by Fundeps, which motivates us to continue forward with the same commitment to access to justice and environmental democracy. As well as for a more just, equitable, and sustainable society, based on public policies that guarantee the human rights of all people.
Author:
Ananda Lavayen
Contact:
Laura Carrizo, lauracarrizo@fundeps.org
Latin American organizations urge the Asian Bank to fulfill its commitment to sustainable development.
In an open letter (available here) to AIIB President Jin Liqun, a group of Latin American organizations presented a series of observations and proposals on how the Bank can better support initiatives to address the climate, environmental, and economic challenges affecting the region by developing a more strategic approach, supporting innovative strategies in the transport sector, and promoting a just energy transition, based on greater transparency and strengthening civil society participation.
The open letter, which is also supported by partner organizations in Europe and other regions, highlights the need for a new paradigm that guides infrastructure investments to effectively promote transparent, sustainable, inclusive, and climate-resilient infrastructure, moving beyond the conventional approach focused on top-down, planned, and imposed megaprojects. According to the Latin American civil society organizations, “new infrastructure should not negatively affect ecosystems or the habitats of local populations, especially the most vulnerable and marginalized groups… On the contrary, infrastructure investments should prioritize the quality of life of local communities and guarantee the integrity of ecosystems.”
“We have no doubt that incorporating the perspective of civil society in a structured manner can help the Bank identify integrated solutions better aligned with its climate commitments, anticipate social and environmental risks at an early stage, and improve the results of its interventions in the region,” said Daniel Lopes Faggiano, Executive Director of the Maíra Institute and co-author of the public statement. In the open letter, we conclude by noting that establishing spaces that promote the participation of civil society organizations could become a transcendental legacy of the outgoing AIIB President, Jin Liqun, whose term expires in January 2026.
About the Asian Infrastructure Investment Bank (AIIB)
The AIIB was established in 2016 under the leadership of China, with the aim of promoting infrastructure projects in Asia and other regions of the world. The Bank began operations with 57 founding members, an initial capital of US$100 billion, and its headquarters in Beijing. It currently has 110 members, of which 100 are “full members”—both regional members from Asia and Oceania and other regions—and 10 potential members. Full members from Latin America include Argentina, Brazil, Chile, Ecuador, El Salvador, Peru, and Uruguay.
More information
Contact
Gonzalo Roza, gon.roza@fundeps.org
Marketing of substitutes and rights at risk
This report seeks to reflect on the scope and limitations of breastfeeding protection policies in Argentina, with an emphasis on regulatory acceptance and the effectiveness of their implementation. It begins by analyzing the international human rights regulatory framework that promotes and guarantees the protection of breastfeeding and the importance of the International Code of Marketing of Breast-milk Substitutes (ICMSM) and subsequent World Health Assembly (WHA) resolutions as a tool to guarantee adequate and effective protection of the rights to food, health, and information of children, women, and pregnant people. It then analyzes, from a human rights perspective, the findings of the monitoring carried out by the ObservaMaS platform, which reflects the worrying noncompliance with national and international regulations and the advancement of the marketing strategies of the breast-milk substitutes industry.