During the hearings of the UN Committee on the Rights of the Child, held on September 2 and 3, 2024, Argentina participated virtually, which generated criticism of its commitment. Among the main concerns raised were the growing child poverty and the proposal to lower the age of criminal responsibility. The absence of clear responses from the State on issues of institutional violence and the lack of resources for child protection institutions were also questioned.

“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”.

Context: The Review of Compliance with the Convention on the Rights of the Child

The hearings of the UN Committee on the Rights of the Child are a crucial instance for monitoring the implementation of the Convention on the Rights of the Child (CRC), which all States Parties must comply with. Every five years, countries submit a report on the situation of the rights of children and adolescents (NNA), and their progress in the protection of these rights. This process includes not only the official report of the State, but also the “shadow reports” of civil society organizations and documents from independent experts, which offer a critical and detailed view of the reality in each country.

During the recent sessions held on September 2 and 3 in Geneva, Switzerland, Argentina participated virtually, which generated concern and questions regarding its commitment to this international body.

Key findings from Argentina’s participation

  • Virtual participation: a worrying sign

The absence of Argentine representatives in Geneva and the virtual participation of the State was one of the most criticized points during the sessions. This fact is not only symbolically negative, but also limits the quality of dialogue and interaction between the Committee and state representatives. The lack of presence was repeatedly regretted by members of the Committee, pointing out that Argentina had historically been a country committed to being present at these instances.

  • Child Poverty: An Ignored National Emergency

During the hearings, it became clear that several key aspects of the protection of children’s rights have suffered significant setbacks. Among the most alarming, the high rate of child poverty stands out as a central issue.

Hynd Ayoubi Idrissi, an expert of the Committee and coordinator of the Working Group for Argentina, was one of the main voices to point out that “more than seven million children live in poverty”. In a similar intervention, Luis Pedernera cited data from UNICEF, stating that 7 out of 10 children in Argentina live in poverty. He also criticized the response of the Argentine State regarding the increase in the budget allocated to children, pointing out that this increase was absorbed by inflation.

According to a report by ACIJ (Civil Association for Equality and Justice), it is highlighted that in the first six months of 2024, more than 1.5 million children became poor and almost 1.9 million became destitute. The main budget cuts have affected key areas such as Food Policies, with a 29% reduction, and 20% less in the Food Benefit, leaving the 48% increase in the AUH insufficient. In Education, the budget has fallen by 43.7%, impacting quality and coverage. In Health, the Life Course Approach program, vital for children, suffered a 50% cut compared to 2023 and is 12 times smaller than in 2021. Progresar Scholarships, construction of kindergartens and school infrastructure were also cut, with some programs eliminated or severely reduced.

According to the National Constitution and Law 26.061, the Argentine State has the duty to ensure sufficient resources to guarantee the rights of children and adolescents. This includes social protection, health and education, with the obligation not to reduce investment compared to previous years. The current economic crisis requires urgent action to increase funding and ensure decent conditions for the comprehensive development of minors. Law 26.061 requires the allocation of resources in a privileged manner (art. 5) for children and adolescents and establishes that “the budgetary provision may in no case be less than the highest provision or execution of previous years” (art. 72).

  • Criticism of the proposed law to lower the age of criminal responsibility

A point of great controversy was the bill that seeks to lower the age of criminal responsibility, in direct opposition to the Committee’s previous recommendations in 2018. The insistence on this proposal seems to respond more to a punitive approach than to preventive measures or those that seek to protect and accompany children and adolescents in conflict with the criminal law, which generates significant concern about the future of adolescent rights in Argentina.

Furthermore, the measures proposed by the State seem to be aimed at penalizing poverty. In our region, juvenile delinquency is closely related to the unequal distribution of wealth and its impact on the labor market. There are many cases where young people in vulnerable situations find themselves in a situation of delinquency due to the lack of alternatives and opportunities that help them escape this situation. It is essential to implement policies that accompany, listen to, and protect adolescents; filling detention centers or residences is not the solution, since they often face conditions of vulnerability similar to those experienced on the streets.

The Argentine State has a debt to these young people. What is being done for those who are not receiving preventive measures? What can be done to protect and accompany them? Do the children and adolescents have someone who listens to them and understands their needs?

  • State’s inability to respond to key issues

Several critical issues remained unanswered by the Argentine delegation. These included institutional violence against children and adolescents and the reduction in child vaccination coverage. In addition, the Committee questioned the lack of guarantees regarding the continuity of key institutions such as the Office of the Ombudsman for Children and the reduction of other entities essential for child protection.

In its conclusions, the UN Committee expressed its “serious concern about the institutional and political changes proposed from the end of 2023, and the impact they may have on the protection of children’s rights, including: the reduction, merger and elimination of ministries, and the replacement of the National Secretariat for Children, Adolescents and Family (Senaf) by a new, lower-ranking undersecretariat”, questioning whether this new entity will have the necessary and sufficient resources to fulfill its function.

On issues of institutional violence and discrimination, especially towards migrant children, the State has failed to offer satisfactory responses. This silence is particularly alarming considering the stereotypical discriminatory perceptions fostered by some media outlets, which perpetuate the marginalization of these communities.

  • Underfunding of the ENIA Plan

Finally, the lack of funding for the National Plan for the Prevention of Unintentional Pregnancy in Adolescence (ENIA) was another issue of great concern. This plan had achieved a notable decrease in teenage pregnancies in the most affected provinces of the country. Its closure not only represents a setback in the health and sexual and reproductive rights of adolescents, but also exposes this vulnerable population to greater risks in an already adverse context.

Current situation of Argentina before the UN and next steps

Following these hearings, Argentina’s situation before the UN is worrying. The lack of in-person presence, combined with the setbacks seen in critical areas such as child poverty, institutional violence and the lack of protection of children’s rights, places the country in a vulnerable position vis-à-vis international organizations.

The Committee on the Rights of the Child will continue to closely monitor the situation in Argentina, and the State is expected to respond to the observations and recommendations with concrete and effective actions. The role of organizations such as Fundeps will continue to be crucial in ensuring that the rights of children and adolescents are not relegated from the public agenda.

 

Author

Melina Terreno

Legal Department Contact

María Luz Baretta, luzbaretta@fundeps.org

At Fundeps we have been working since 2009 for the right to a healthy environment. We understand the environment from a comprehensive and broad perspective that includes the interaction between natural common goods and society. From this perspective, we are concerned about the province’s water, so in this note we will tell you chronologically about the actions we are carrying out in the search for solutions for a healthy San Roque lake.

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

In 2020, we carried out a Situational Diagnosis of Córdoba’s Water Resources: Lago Los Molinos and Lago San Roque, with the aim of analyzing the state of the main basins in the province, fully understanding the problem and analyzing possible courses of action.

The San Roque Lake Basin is in an extremely serious situation due to its advanced state of eutrophication. This means: the proliferation of algae in fresh water as a result of an excess of nutrients, particularly phosphorus; this natural process is exacerbated during hot weather. The situation is mainly due to the lack of sanitation in the Punilla area, a deficient sewage system, lack of control over discharge authorization, degradation of the lake, fires, deforestation, among others. With this basis, we carry out negotiations with decision-makers with the aim of undertaking actions for its remediation.

The pollution of the San Roque Basin not only puts at risk the health of people who are directly or indirectly in contact with the basin, but also affects the quality of life, the landscape, regional economies and the biological diversity of the province.

As we did not receive any positive responses from the provincial administration and as a last resort, in November 2022 we filed a Collective Environmental Protection action suing the Province, the communes and municipalities that make up the San Roque Lake Basin, the Provincial Administration of Water Resources of the Province of Córdoba (APRHI), the Ministry of Public Services of the Province of Córdoba, and the Secretariat of the Environment of the Province of Córdoba (now Ministry). Check out the timeline of the case here.

In the writ of amparo we ask the courts, among other measures, to gradually cease polluting activities such as dumping hazardous waste, sewage, and industrial waste; to order the defendants to build, complete, or expand the necessary sewage works, and to create an autonomous and self-sufficient River Basin Committee, made up of the various stakeholders in the river basin. We also request various precautionary measures such as the suspension of any authorization to carry out untreated dumping, the creation of a temporary management plan, and the design of a risk communication plan, among others.

In March 2023, the Third-Party Administrative Litigation Chamber partially admitted the requested precautionary measure and ordered the Government of Córdoba to prepare and present a provisional Sanitation and Sustainable Development Plan within 60 days.

The province appealed this resolution and simultaneously presented a plan that does not comply with the resolution. The plan presented has serious deficiencies: it does not stipulate deadlines, budget, or agencies in charge of execution. In addition, it is a plan that greatly exceeds the limits of the precautionary measure since it was designed to be executed within a period of 15 years. We at Fundeps made various observations. To date, the intervening Chamber has not yet issued a ruling. We consider that the design of an environmental management program of such impact and temporal extension, which involves present and future generations linked to the San Roque Basin, must necessarily be designed in dialogue with the population and that the future of the basin cannot be decided in the limited period of 60 days.

Currently, the judicial process is still ongoing and in the meantime the province, the Ministry of Environment and the Basin Authority (created in November 2023 by law 10,941) are carrying out insufficient cleanup actions: they are the same ones that have been carried out for years and that have not prevented the current contamination situation.

In the face of the summer season, with very high temperatures, thousands of hectares recently burned and a deep drought, we believe that it is time to demand actions that lead to different results that transform the management of the basin and promote real change. It is a key moment to request citizen participation in the design, execution and implementation of public policies aimed at the sanitation of the basin.

 

Your participation is key to achieving the cleanup of the basin. SIGN HERE!

 

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

In an effort to promote the effective implementation of the Escazú Agreement at the local level, Fundeps held three meetings during the month of August, aimed at the Urban Planning Department of the Municipality of Córdoba. These training sessions focused on strengthening competencies in environmental law and the rights of access to information, participation and environmental justice, essential for sustainable urban planning.

“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 target audience of these meetings were members of the Secretariats of Urban Development, Regional Integration and Institutional Linkage, and Smart City of the Municipality of Córdoba. The main objective was to provide the necessary tools to understand and apply the Escazú Agreement in the urban planning policies and practices of the city.

The first two workshops focused on theoretical and specific aspects of minimum budget laws and the Escazú Agreement. For the last meeting, we placed special emphasis on citizen participation. During this session, we explored various models of successful citizen participation, both at the national and regional level, highlighting practical examples that have been implemented in different cities in our country, as well as in Latin American countries and localities in Europe.

We proposed discussions on cases where active citizen participation has resulted in significant improvements in urban planning and management, highlighting how these inclusive processes can be adapted to our city. In addition, we analyzed the tools and mechanisms available to facilitate citizen participation in decision-making, emphasizing the importance of transparency, effective communication, clear language and building trust between municipal authorities and citizens.

We continue to work for the full and effective implementation of the Escazú Agreement at the local level. The Agreement is a fundamental tool for the protection of the environment and of human rights defenders in environmental matters.

If you want to learn more about the Escazú Agreement, visit our website: https://acuerdodeescazu.org/

 

Authors

Lourdes Zanotti

Federico Marengo Ligoria

Contact

María Laura Carrizo, lauracarrizo@fundeps.org

The undersigned organizations express our concern about Decree 780/24 with which the National Executive Branch attempts to restrict the right of Access to Public Information.

“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”.

A regulatory Decree cannot limit the right of access to public information in contradiction with the scope of the Access to Information Law itself, voted by the National Congress in 2016.

The exceptions established by Law 27,275, which allow the State to refuse to provide the requested information, are far from what is regulated by the National Executive Branch. The aforementioned Decree expands the information that is outside the public interest, expands secrecy and provides discretion by leaving in the hands of public officials the definition of what is a public document and what information can be considered part of the private sphere of the authorities, giving them special protection.

Decree 780/24 represents a serious regression in the interpretation of the right of access to information in light of international standards on human rights and the fight against corruption, and creates a discretionary regulatory framework whereby the political definitions of the government and the subjective decisions of officials take precedence over the right to access information in the hands of the State.

We request the National Executive Branch to repeal this Decree and guarantee full access to public information.

 

Acción Colectiva – ACIJ – Alianza Regional por la Libre Expresión e Información – Amnistía Internacional- Andhes – Anima Chicos – ARPIAS (Salta)  – Asuntos del Sur – CADE – CAIP – Campaña por el Aborto (Salta) – CAREF – Carrera Comunicación (UBA)  –  CECIM (La Plata) – CEG (La Plata) – CELS – CEPPAS – CIDC – CIPCE – CIPPEC –  Clínica Jurídica de Acceso a la Información (UNLP) – Comunicación para la Igualdad – Conciencia – Consciente Colectivo – Democracia en Red – DEMOS – Directorio Legislativo – ELA – Escuela de Fiscales – FADECCOS – FARN – FATPREN – FEC – Festival Cine a la Vista – FIC – FOCIS (Salta) – FOPEA – F. para el Desarrollo Humano Integral – FUNDAR – FUNDEPS – Gestión Nativa –  Hora de Obrar – Huésped – ILSED – Incidencia Feminista –  INECIP – Khuyay – La Casa del Encuentro – La Fuerza de las Mujeres – Minka Digital – Mujeres en Igualdad – Mujeres por la Igualdad de Oportunidades – Mundosur – Nuestra Mendoza – Obs. de Just. Sanitaria y Climática Latam. – Patagonias.org – Periodistas Argentinas – Poder Ciudadano – RAAC – Red Ciudadana Nuestra Córdoba – REDCOM  – Red Par – Red Ruido – RIPVGAR – Salta Transparente – SES –  Sipreba – Unión Inquilinxs (Salta) – Vía Libre – Xumek

By compiling some of the experiences of struggles of the Cordoba communities, we aim to provide a collective response to the challenges that arise around the processes of environmental conflict.

The truth is that there is no single way to organize, no single way to ask the authorities for answers, and much less a single way to confront a socio-environmental conflict. However, we observe that there are common practices that have been strengthened and that serve as a guide for other struggles.

From Fundeps we conducted a study interviewing youth, adolescents and children from different socioeconomic levels, to comprehensively understand the consumption of tobacco products and generate evidence regarding the profile of consumers and the context surrounding their consumption.

In this report you can find reasons, beliefs, experiences, expectations, emotions and motivations, related to tobacco consumption; and considerations about the people who consume it, taking into account factors such as gender, age, socioeconomic level and school and extracurricular activities.

Gides (Social Rights Research Group), Fundeps (Foundation for the Development of Sustainable Policies), El Telar and Católicas por el Derecho a Decidir Argentina we appear before the Chamber of Senators of the Nation to explain the reasons why we consider that The candidates to fill the vacancies in the Supreme Court of Justice of the Nation, Ariel Lijo and Manuel García-Mansilla, do not meet the conditions required to integrate the highest body of justice in our 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”.

As academic and civil society organizations with a long history in the field of human rights, we understand that the Supreme Court of Justice of the Nation, as the main guarantor of the National Constitution and the Rule of Law, can only be made up of people whose experience reflects strong suitability and independence, as well as a firm commitment to constitutional principles and human rights.

Ariel Lijo faces serious accusations in the Judicial Council, including negligence in the investigation of corruption cases, unjustified delays in legal processes and accusations of illicit enrichment, in addition to criminal charges for illicit association, money laundering, bribery and influence peddling. . Furthermore, he lacks professional or academic merits to support his candidacy.

For his part, Manuel García-Mansilla holds an ideological position that could affect the defense of human rights and the international commitments assumed by our country. During his career, he has questioned the hierarchy of international human rights treaties signed and ratified by Argentina. She has also expressed her opposition to the right to abortion, even in cases where the pregnancy is the result of rape. Its incorporation into the highest body of justice of the Nation implies a serious risk for the guarantee of the rights of women and pregnant people.

Likewise, we express our deepest concern about the flagrant lack of representation of various sectors of society in the potential composition of the Supreme Court. The inclusion of new members should reflect gender diversity and thematic and regional specialization, to ensure adequate representation of a federal country like ours. It is necessary to emphasize that gender diversity in public positions and decision-making bodies is a legally binding requirement derived from our constitution and international treaties.

Furthermore, on this occasion some organizations sent questions and concerns for the candidates to answer publicly, as enabled by the procedure of the Upper House.

The questions presented to García Mansilla include: How do you justify your candidacy to the Supreme Court in a context where equal gender representation is required and your appointment would perpetuate the underrepresentation of women on the court? What concrete actions have you taken to advance women’s rights and diversities in your career? While the questions asked to Lijo were: How can her candidacy contribute to equitable gender representation in the Supreme Court of Justice of the Nation? How do you guarantee transparency and ethics in your judicial decisions?

In these contexts, we believe it is essential that the Senate consult the candidates along the lines expressed here, as well as investigate in detail the crucial points that we have noted in our challenges.

We demand that the Senators rise to the occasion, and NOT agree to the approval of these candidacies in defense of Human Rights and the highest values ​​of justice.

Ícono de validado por la comunidad
Contact

Mayca Balaguer, maycabalaguer@fundeps.org

This report is the result of a survey carried out during the first months of 2024 among health personnel in the province of Córdoba who guarantee sexual and reproductive health practices in this territory. The objective is to circulate those strategies that have generated good results for access to services, such as the internal organization of the teams, the care and referral circuits, the use of guides and protocols, the interdisciplinary approach to cases, and other types of practices that are considered relevant for good care.

The Inter-American Development Bank (IDB) took the final step of a process that lasted several years and culminated with the approval of a new Access to Information Policy (PAI) by the Board of Executive Directors.

“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 new policy, approved on July 26, 2024, which updates the current IDB policy, will go into effect on September 1, 2025

At Fundeps, together with other regional organizations, we actively participate in the process of updating and adapting the IDB’s PAI, sending comments and suggestions to each of the previous versions, as well as participating in various public consultations to strengthen the right. access to information and transparency in the Bank.

As improvements introduced to the new Bank Policy, mention can be made of the possibility of making anonymous information requests, the reduction in the IDB’s response times to information requests and the work that the institution is doing to increase the usability of the information. and the use of more accessible formats. Even so, it is imperative to consider that access to Information and Communications Technologies (ICTs) is not universal or uniform.

Likewise, there are essential aspects that the PAI, or its next updates, must incorporate, such as:

  • The approach to access to information as a fundamental human right and, therefore, a pillar of the PAI itself.
  • The harmonization of the Access to Information Policy with the Escazú Agreement.
  • Eliminate ambiguities in the language of the standard, mainly in the “Exceptions” section, which must be more precise and establish clear criteria for its application.

Likewise, it is worrying that some criteria and parameters that will make the PAI effective are addressed in the Implementation Guidelines. In this way, the effectiveness and strength of the PAI will depend greatly on these Guidelines, which do not require mandatory compliance, as the PAI itself does.

Likewise, it should be mentioned that there were significant delays in the PAI review process. At the end of 2019, the IDB began this process that was suspended months later. Subsequently, in April 2022, it was resumed and the Bank presented a new policy proposal to the Board of Executive Directors, which was approved for public consultation with interested parties. It was only in January 2024 when the final version of the New Information Access Policy was approved, which did not take into account many of the comments and suggestions raised by civil society within the framework of the in-person and virtual consultations organized by the own bank.

As a next step, after the approval of the Access to Information Policy, the Implementation Guidelines for its application will be prepared, which, according to the IDB, will be circulated in a timely manner for comments from the public and civil society organizations. Given the great importance of these Guidelines, especially in this case, we hope that this will be the case and we reiterate the importance of the Bank placing people at the center and using the possibility of making effective and full the exercise of the right of access to information , also strengthening in this process the effective participation of civil society organizations, communities and people affected by their projects and populations in vulnerable situations.

 

More Information

Contact

Gonzalo Roza, gon.roza@fundeps.org

The provincial justice decided to consider that the protection initiated by residents of Marcos Juárez and Fundeps had not been presented due to errors related to the formalities of the process that were corrected at the time of being requested. The underlying issue, which is the distance for the application of agrochemicals within the municipal ejido, remains undiscussed, since the current ordinance is not complied with. This resolution affects access to justice and the rights to health and a healthy environment in the community.

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

In November 2023, from Vecinos Autoconvocados de Marcos Juárez and Fundeps we presented an environmental protection with the aim of increasing the distances between populated areas and the application of agrochemicals, due to the effects that these cause on community health. This judicial step was taken after having made various claims and requests for dialogue with local authorities, and not finding appropriate responses.

After the presentation of the amparo, the Civil, Commercial, Labor and Family Chamber of Marcos Juárez began the process, ordering its publication and requesting the Municipality of Marcos Juárez to answer the lawsuit. On that occasion, the Municipality pointed out errors related to the format of the presentation of the amparo document, which later resulted in a judicial resolution that decided to have it as not presented. This formatting error was due purely and exclusively to the way in which the neighbors’ signatures were placed in the electronic file, and was immediately corrected through ratification. Furthermore, the people who signed made themselves available to the Court to ratify the protection in person and leave no room for doubt about their intention to continue with the process. However, these efforts were not considered by justice.

It was just a question of forms. The court did not provide a ruling on the underlying content of the protection, which is the distances in the application of agrochemicals, nor did it give an opinion on the technical information provided that shows the existence of damage to the health of the population, particularly children, girls and adolescents.

The judicial action, in short, is based on the concerns that we have had for many years as residents of Marcos Juárez who see our health affected, due to the non-compliance and ineffectiveness of the current legislation, and we have decided to seek a response, with the support from Fundeps, an organization from Córdoba that has been working for 15 years promoting rights and accompanying affected communities throughout the province.

This decision seriously affects the right of access to justice in environmental matters of the Marcos Juárez community, since there was no discussion about the use of agrochemicals or their impact on health and the environment. This type of resolution goes against the precautionary principle that must prevail in any environmental process, where measures must not only be proposed to eliminate environmental damage, but also minimize the possibility of its continued occurrence.

We reaffirm that our fight for an environment free of pesticides is still standing and stronger than ever. Our commitment to a healthy environment for the entire population of Marcos Juárez is unwavering.

We will continue working hard to guarantee an environment free of contaminants and pesticides, based on the constitutional principles that support us.

 

More Information:

 

Contact:

María Laura Carrizo, lauracarrizo@fundeps.org

MapaInversiones is a regional initiative of the Inter-American Development Bank (IDB), whose objective is to support the improvement of transparency and efficiency of public investment by strengthening the provision of information on infrastructure and development projects in Latin American and Caribbean (LAC) countries. Operating in optimal conditions, this tool allows citizens, authorities and other interested parties to access detailed and updated information on infrastructure and development projects through digital platforms that integrate and visualize public data.

Given the absence of women in the presidential proposal to fill the vacancies in the Supreme Court of Justice of the Nation, a group of 12 civil society organizations sent a letter to the president of the Agreements Commission of the Chamber of Senators, Guadalupe Tagliaferri, so that the public hearing for the appointment of the two male judges proposed by the Executive Branch does not begin because it is unconstitutional and discriminatory based on gender. Likewise, it implies a strong setback in the diversity that the highest court must have, with a serious impact on its legitimacy.

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

In all of Argentine history there were only three women in the Court compared to 104 men. Instead of reversing this alarming reality, the Executive Branch decided to integrate this court only with men. Today it is the Agreements Commission of the Upper House, the body that has the historic opportunity to prevent us from having an absolutely male Court for at least 7 years, leaving out women who meet the conditions to occupy that position and reinforcing the stereotypes that block their access to places of power and decision-making.

The moments of greatest political participation of women in these spaces also coincided with important advances in gender matters. The creation of the Court’s Women’s Office and the Domestic Violence Office, fundamental organizations for documenting and reversing discrimination and violence, took place when Carmen Argibay and Elena Highton de Nolasco were part of the highest judiciary.

An equal integration of the Supreme Court and equal access to public positions, especially in hierarchical and power bodies, are political rights of women and the State has the obligation to make them effective, in accordance with the commitments assumed in international rights treaties. humans with constitutional hierarchy. Likewise, Decree 222/03 includes these standards for the process of appointing judges to the Court and establishes that a diverse gender composition must be promoted when defining appointments.

Although in the Argentine Judiciary 57% of the staff is made up of women, they occupy only 31% of the positions of judges in the national and federal justice system and only 29% of the highest authorities there.

It is the duty of the Executive Branch to propose women for the Court who have the qualities, suitability and commitment to the rights required for such a function and, of the Legislative Branch, to promote and ensure that said obligation is fulfilled.

For this reason, Amnesty International, the Latin American Justice and Gender Team (ELA), the Women’s Network for Justice, the Foundation for the Development of Sustainable Policies (Fundeps), Women in Equality (MEI), the Foundation for Study and Research of Women (FEIM), Fundación Poder Ciudadano, the Center for Justice and International Law (CEJIL), the Institute of Comparative Studies in Criminal and Social Sciences (INECIP), the Center for Legal and Social Studies (CELS), the Civil Association for Equality and Justice (ACIJ), the GQUAL Campaign and the Association for Civil Rights (ADC), ask the Senate not to begin the discussion of the specifications to appoint two judges to the Court in order to guarantee gender equality in the Argentine Justice.

 

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

 

*Image taken from a publication of the Gender with Class Foundation