On February 22, the Federal Court of Appeals of Córdoba, by majority vote, decided to revoke the resolution issued by the Federal Court No. 3 of Córdoba in the context of the Porta Hermanos case. In that resolution, studies were ordered on environmental contamination and possible pathologies present in the vicinity of the plant of Porta Hermanos S.A.
“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 Federal Court of Appeals made the appeal filed by the company Porta Hermanos SA, revoking the ruling by the Federal Court No. 3 in which the case is processed “CRUZ, SILVIA MARCELA AND OTHERS v MINISTERIO DE ENERGÍA Y MINERÍA DE THE NATION s / AMPARO ENVIRONMENTAL “. In this resolution Judge Vaca Narvaja ordered, on the one hand, the Environmental Research Center – Department of Chemistry of the Faculty of Exact Sciences of the National University of La Plata to inform the court the feasibility of carrying out a study on the possible environmental contamination at the Porta plant, and on the other hand, to the Dean of the Faculty of Medical Sciences of the same University in order to evaluate the possibility of carrying out an inspection on 100 people living in the vicinity of the plant to detect possible pathologies .
The majority vote, maintains that the aforementioned resolution violates the principle of procedural consistency since the measures ordered by the judge of first instance, do not correlate with the object of the amparo filed by those affected. Recall that the principle of procedural consistency implies that the court can not go beyond what was requested by the parties or base its decision on facts different from those that have been alleged by the parties. In this case, the Chamber also maintains that, even though the intervening judge is assisted by the powers provided for in Article 32 of Law 25,675 – which refer to a judge with an active role, concerned about the protection of a collective good such as is the environment-, they must be applied with restrictions. According to the court, these powers are limited only to knowledge of the positions of the parties, thus giving primacy to the principle of congruence over such powers.
Given this panorama, it is necessary to make certain precisions:
The vote analyzed, maintains that the purpose of the amparo revolves around elucidating whether the bioethanol plant of the company Porta Hermanos required:
- Authorization to operate by the Ex Secretariat of Energy of the Nation
- Conducting the Environmental Impact Assessment procedure before putting it into operation
The principle of congruence, the precautionary principle and the environmental perspective.
First, from the reading of the same resolution, it is clear that the “environmental protection” presented by the neighbors, has as its main object the “cessation of atmospheric environmental pollution” by the bioethanol plant of the company Porta Hermanos SA In this line, it is requested the closure and final closure of the plant attentive to not having complied with the procedure of Environmental Impact Assessment – “lack of legal authorization”. Well, if the claim focuses on the cessation of environmental pollution, it is fully consistent to determine the existence of such a phenomenon. Indeed, it would be impossible to stop a contamination, which in the facts has not been fully proven.
Without prejudice to this, the precautionary principle comes into play since, even in the face of uncertainty, the judge could not postpone effective measures for the protection of the environment. In the resolution analyzed here, the majority vote ignores the claim of the amparistas, which is closely linked to the measures ordered by the Federal Judge, not violating the principle of congruence.
The administrative authorizations can not be permits to pollute.
Second, even when the object of environmental protection is that identified by the Chamber, that is, the need for a legal authorization, it is necessary to consider that what underlies the formal administrative procedures for authorization is the protection of the environment. Thus, the formal permits constitute a presumption of safety of the activity enabled but do not imply a permission to pollute and damage the environment, so that, upon verification of a polluting activity, such presumption must yield.
In other words, the debate on the need for an authorization or not, basically, involves discussing whether such activity harms the environment in a way that would have required the prevention and / or management of damage through the impact assessment procedures environmental (in accordance with the provisions of Art. 11 of Law 25,675). Therefore, even in such an object, the measures ordered by the federal judge of the 1st Instance, are fully congruent.
The preventive role of the courts in environmental processes.
In the third place, the assertion made by the Chamber that the principle of procedural consistency prevails over the powers granted by Art. 32 of Law 25,675 (L.G.A), is questionable, if not erroneous.
In the processes where the environmental issue is debated, because of the well protected, the rights at stake and the particularity of the damage, it is necessary that the traditional procedural rules (read principle of congruence) are redefined from the environmental and human rights perspective. The judge acquires a preventive role and an active role in pursuit of the effective protection of the general interest, being able to adopt the necessary measures and measures (Art. 32 L.G.A). In such a role, the judge must act in favor of the protection of the general environmental interest, which acquires a preeminent value, modifying the traditional rules of the civil process, in order to prevent environmental damage, without falling into the stillness of allowing the pollution and thereby consolidate irreparable environmental damage. Under this pre-eminence, the principle of congruence is subverted, or cedes in favor of environmental protection.
It should be noted that the resolution adopted by the Federal Court of Appeals of Córdoba, is questionable as it erroneously defines the object of environmental protection as merely formal (determine the need for legal authorization), and ignores principles and fundamental rules of Argentine environmental public order. In addition, in this case the resolution revoked simply ordered measures to have more information of the current situation, something that has been the cause of successive public complaints by neighbors in the neighborhoods San Antonio and Inaudi.
It is unfortunate that a formalistic look away from reality prevents having more information, in order to better investigate and evaluate a situation of socio-environmental conflict that has been in our city for years.
More information
Author
Juan Bautista Lopez
María Pérez Alsina, mariaperezalsina@fundeps.org
We present a report to the IACHR on the rights of the elderly
“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 its 2017-2021 Strategic Plan, the Inter-American Commission on Human Rights prioritized the theme of the elderly. To that end, it considered it necessary to identify synergies to advance in the construction of inter-American standards in this area, as well as the development of new working mechanisms, especially to promote the ratification and implementation of the Inter-American Convention on the Protection of Human Rights. Humans of the Elderly and make visible the situation of this population group.
For this reason, in order to prepare a regional report on the rights of older persons, he called for sending information from the member states of the Organization of American States on national systems for the protection of the rights of older persons. America.
The report was presented by Fundeps, the Inter-American Heart Foundation Argentina (FIC Argentina), the Commission specializing in the Rights of Older Adults of the Bar Association of the Province of Córdoba, the Center for Research in the Law of Old Age -National University of Rosario -, the Permanent Seminar on Research on the Law of Old Age -University of Buenos Aires-, the Research Institute on the Law of Elderly and Disability -Universidad Nacional del Centro de la Provincia de Buenos Aires and the Master’s program in Law de la Vejez -Universidad Nacional de Córdoba.
It made explicit the norms and programs that recognize or develop the rights of the elderly in Argentina, making special mention of the Province of Córdoba. Some of the obstacles and challenges for the protection of the rights of the elderly were highlighted, such as: the absence of intersectoral and articulated policies for the promotion of physical activity, the absence of human rights perspective in the regulations of the residences of long stay, the lack of publicity of the residences of long stay enabled.
Likewise, the report included the identification of the institutions and competency frameworks in the promotion of physical activity for the elderly and long-stay residences and the survey of a good practice at the local level -Córdoba- as is the development of the action research project on access to justice for vulnerable sectors – Project AJuV-, carried out through the Office of Human Rights and Justice of the Judicial Branch of Córdoba, from which contextual action strategies are developed to guarantee the effective access to justice for the elderly.
Finally, emphasis was placed on the absence of mechanisms for data collection and analysis of information regarding older persons and the need to have indicators to measure the results of the (few) public policies implemented, in order to monitor and assess progress and challenges.
In this way, the report gives an account – partially – of the situation of the rights of older persons in Argentina, revealing the regulatory insufficiency in an integral manner and the situation of vulnerability to which the elderly are exposed in the country, making it essential to have public policies with a focus on prioritization and inclusion in order to avoid non-compliance with international standards assumed by the Argentine State.
More information
Author
Laura Alesso
Contact
Agustina Mozzoni, <agustinamozzoni@fundeps.org>
Report to the IACHR on the protection of the rights of the elderly
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.
Healthy school environments: a key policy in the fight against childhood overweight and obesity
“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”.
This Thursday, March 21, at the Secretary of Government of Health, the presentation of the Document of Standards of Healthy School Environments was carried out.
Overweight and obesity worldwide make up a serious public health problem that has acquired pandemic characteristics, which currently shows a worrying upward curve in children and adolescents. In our country, according to a recent report published by the Secretary of Government of Health in collaboration with UNICEF, overweight and obesity in NNyA represents the most prevalent form of malnutrition.
Currently, many children and adolescents grow and develop in “obesogenic environments”, that is, environments that encourage the excessive consumption of kilocalories and critical nutrients such as sugars, fats and sodium; In addition to offering multiple barriers to the development of physical activity and encourage sedentary behavior. Thus, the lack of regulation that promotes healthier environments has favored the growth of overweight and obesity in recent decades.
The objective of the document published by the country’s highest health authority is to establish standards that guide the process of enacting laws and implementing effective programs aimed at transforming current “obesogenic school environments” into “healthy school environments.” Given that the educational institution is a privileged scenario to promote health and the development of a healthy diet and lifestyle, it is considered essential to promote healthy school environments through comprehensive regulation that defends the rights of children, girls and adolescents and that it provides them with substantial protection.
Specifically, the Ministry of Health recommends the development of school environment regulations that revolve around two main areas: healthy eating and physically active school.
For the promotion of a healthy diet in school, school canteens must comply with the established nutritional criteria and with the standards of preparation and food service. Therefore, it is of the utmost importance that the cooks and kitchen assistants are constantly trained in topics related to the tasks they perform.
In addition, it is essential that the school implements a Food and Nutrition Education (EAN) strategy, and that it promotes healthy eating habits in the dining rooms. Likewise, a school infrastructure must be guaranteed that facilitates access to a healthy diet and, essentially, to safe water. In regard to healthy eating, it is also essential to regulate the sale of food and beverages within educational establishments -of all levels and modalities- and, to that end, ensure that the school is a space free of advertising, promotion and sponsorship of food and drink.
Likewise, and given that the school institution is the most important institutional actor in the promotion of physical activity in childhood and adolescence, the aforementioned organism considers that the school should facilitate access to the practice of physical activity, both in the formal and not formal, and install healthy and active habits, incorporating these topics in teacher training, ensuring accessibility and security in the spaces, with a view of inclusion.
We consider that the technical recommendations of the Ministry of Health for the design of healthy school environment policies are adequate to protect the right to health of children and adolescents. Guaranteeing healthy school environments constitutes an obligation assumed by the State and an opportunity to articulate with social and academic actors. The effective implementation of this policy is an objective that can only be achieved through an intersectoral articulation of different government actors (such as the Health, Education, and Social Development sectors, among others) and through a continuous process that guarantees the sustainability in the implementation and monitoring of measures.
More information
Sobrepeso y obesidad en niños, niñas y adolescentes según datos del primer nivel de atención en la Argentina (2018), Secretaría de Gobierno de Salud.
GUIA DE ENTORNOS ESCOLARES SALUDABLES. Recomendaciones para la implementación de políticas de prevención de sobrepeso y obesidad en niños, niñas y adolescentes en las instituciones educativas. (2019)
Author
Lucía Pereyra
Contact
Agustina Mozzoni, agustinamozzoni@fundeps.org
Climate change and human rights: request for a thematic hearing before the IACHR
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
On March 5 different organizations from Latin America and the Caribbean, including FUNDEPS, sent a request to the Executive Secretary of the Inter-American Commission on Human Rights (IACHR), Dr. Paulo Abrão, to hold a thematic hearing, general and regional scope, on the impacts of climate change and its impact on the enjoyment of human rights in Latin America and the Caribbean.
The thematic hearings are spaces that are granted to civil society to deal with matters of interest in the region. The petitioners can make recommendations to the IACHR so that the latter may then develop them. Although the recommendations made by the IACHR are not binding, they are usually used and taken into account by judges and authorities when deciding a specific matter; for this reason they acquire so much relevance.
The hearing was petitioned jointly with various civil organizations from several countries in the region such as the Mexican Center for Environmental Law – CEMDA – (Mexico), the Honduran Alliance against Climate Change, Due Process of Law Foundation – DPLF – (Regional ), the Inter-American Association for the Defense of the Environment -AIDA- (Regional), EarthRights International (International), the Pachamama Foundation (Ecuador), the Center for Law, Justice and Society Studies – Dejusticia- (Colombia), lFiscalía del Medio Environment – FIMA – (Chile), Center for Legal and Social Studies – CELS – (Argentina), CONECTAS (Brazil), Engajamundo (Brazil) and the Legal Defense Institute – IDL – (Peru). They have a great track record for the work they do in the region, specifically in relation to the defense of human rights and the environment. Through this request, we seek to share and combat our concern about the negative effects that climate change is already inflicting on the present and its projection in the future.
The main purpose of the thematic hearing is to transmit to the IACHR, relevant and up-to-date information regarding the role played by climate change and the measures designed to combat it, in the enjoyment of the human rights recognized by the countries of Latin America and the Caribbean.
Implications of climate change in the region
The effects of climate change are deployed throughout the world, overwhelmingly breaking social and ecological systems, generating a detriment in the enjoyment of a range of internationally recognized human rights such as the rights to life, physical health and mental, to food, water and sanitation, to adequate housing, to self-determination, among others. Added to this, it provokes a deepening of the pre-existing socio-economic vulnerabilities and differences in historically disadvantaged countries and groups.
Specifically in the case of the Americas and the Caribbean, this becomes more evident when there are currently several million people living in the path of hurricanes and low-lying coastal areas, which makes them victims of sea level rise. , storm surges and coastal floods. Even more so considering that several countries have a large proportion of their urban population living in areas less than five meters above sea level. As temperatures continue to rise, so does the risk of vector-borne diseases, such as malaria and dengue, aggravated by poor water and housing conditions, thus affecting the right to health of the population.
In addition, the rural poor in general, and indigenous groups, in particular, are especially vulnerable to climate change due to their dependence on small-scale agriculture and natural resources. Additionally, climate change differentially impacts more women. Indeed, the analysis of population censuses of natural disasters in 141 countries showed that “although catastrophes cause suffering to everyone, on average, they produce more fatalities among women than men, or they take the lives of more young women than men. “
In the case of Argentina, and more precisely in Córdoba, the cycles of floods and droughts caused by climate change are aggravated by the lack of planning and coordination of policies to combat their effects. In 2015, this situation led to the floods produced in almost all the towns of the Sierras Chicas, causing all kinds of damage – structural housing, economic and health – many still unsolved and, what is even more serious, the loss of human lives.
Adaptation and mitigation measures are not enough
The States of the region have adopted numerous measures in order to reduce the adverse effects of climate change. These are the so-called “mitigation and adaptation” measures; the first, referring to the intervention of man in reducing the emission of greenhouse gases, and the second, those that seek to moderate or avoid damage or take advantage of beneficial opportunities. The problem that arises with such measures is that in many cases they also violate or negatively affect the enjoyment of certain human rights, such as those that limit access to and use of natural resources, such as land, water and water. forests.
Por este motivo es que, luego de la entrada en vigor del Acuerdo de París (2016), todas las medidas que los Estados adopten deben “respetar, proteger y considerar sus respectivas obligaciones en materia de derechos humanos” y, en particular, “el derecho a la salud, los derechos de los pueblos indígenas, las comunidades locales, los migrantes, los niños, las personas con discapacidad y las personas en situación de vulnerabilidad y el derecho al desarrollo, así como la igualdad de género, el empoderamiento de las mujeres y la equidad intergeneracional”.
With an eye on the Framework Convention on Climate Change
If the request for a thematic hearing is approved, it will be held during the 172nd period of sessions of the IACHR, between May 2 and May 10, 2019 in Kingston, Jamaica. In addition, the following Conference of the Parties to the UNFCCC will take place in Santiago, Chile at the end of 2019, making the thematic hearing a preamble as a multi-stakeholder dialogue addressing this issue from human rights and with a regional perspective . Contributing thus to an articulation of themes conducive to the same objective: sustainable development with a focus on rights.
This new global context, where climate change is an unprecedented challenge, requires the IACHR’s innovative agency to set the standards and standards necessary for the States of the continent to advance at an accelerated pace towards a future with a safe level of greenhouse gases, allowing climate stability and with fully guaranteed rights.
As global warming continues to rise, basic human rights are at risk, affecting not only the present generations, but especially the generations to come. For all these reasons, and bearing in mind that the IACHR is the body in charge of the promotion and protection of human rights in the region, we consider it fundamental that the request for a thematic hearing presented be considered.
More information
Solicitud de audiencia temática ante la CIDH
Author
Ananda Lavayen
Contact
María Pérez Alsina – mariaperezalsina@fundeps.org
Revocation of the order to carry out studies on environmental contamination in Porta Hnos.’s case
“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 Federal Court of Appeals made the appeal filed by the company Porta Hermanos SA, revoking the ruling by the Federal Court No. 3 in which the case is processed “CRUZ, SILVIA MARCELA AND OTHERS v MINISTERIO DE ENERGÍA Y MINERÍA DE THE NATION s / AMPARO ENVIRONMENTAL “. In this resolution Judge Vaca Narvaja ordered, on the one hand, the Environmental Research Center – Department of Chemistry of the Faculty of Exact Sciences of the National University of La Plata to inform the court the feasibility of carrying out a study on the possible environmental contamination at the Porta plant, and on the other hand, to the Dean of the Faculty of Medical Sciences of the same University in order to evaluate the possibility of carrying out an inspection on 100 people living in the vicinity of the plant to detect possible pathologies .
The majority vote, maintains that the aforementioned resolution violates the principle of procedural consistency since the measures ordered by the judge of first instance, do not correlate with the object of the amparo filed by those affected. Recall that the principle of procedural consistency implies that the court can not go beyond what was requested by the parties or base its decision on facts different from those that have been alleged by the parties. In this case, the Chamber also maintains that, even though the intervening judge is assisted by the powers provided for in Article 32 of Law 25,675 – which refer to a judge with an active role, concerned about the protection of a collective good such as is the environment-, they must be applied with restrictions. According to the court, these powers are limited only to knowledge of the positions of the parties, thus giving primacy to the principle of congruence over such powers.
Given this panorama, it is necessary to make certain precisions:
The vote analyzed, maintains that the purpose of the amparo revolves around elucidating whether the bioethanol plant of the company Porta Hermanos required:
The principle of congruence, the precautionary principle and the environmental perspective.
First, from the reading of the same resolution, it is clear that the “environmental protection” presented by the neighbors, has as its main object the “cessation of atmospheric environmental pollution” by the bioethanol plant of the company Porta Hermanos SA In this line, it is requested the closure and final closure of the plant attentive to not having complied with the procedure of Environmental Impact Assessment – “lack of legal authorization”. Well, if the claim focuses on the cessation of environmental pollution, it is fully consistent to determine the existence of such a phenomenon. Indeed, it would be impossible to stop a contamination, which in the facts has not been fully proven.
Without prejudice to this, the precautionary principle comes into play since, even in the face of uncertainty, the judge could not postpone effective measures for the protection of the environment. In the resolution analyzed here, the majority vote ignores the claim of the amparistas, which is closely linked to the measures ordered by the Federal Judge, not violating the principle of congruence.
The administrative authorizations can not be permits to pollute.
Second, even when the object of environmental protection is that identified by the Chamber, that is, the need for a legal authorization, it is necessary to consider that what underlies the formal administrative procedures for authorization is the protection of the environment. Thus, the formal permits constitute a presumption of safety of the activity enabled but do not imply a permission to pollute and damage the environment, so that, upon verification of a polluting activity, such presumption must yield.
In other words, the debate on the need for an authorization or not, basically, involves discussing whether such activity harms the environment in a way that would have required the prevention and / or management of damage through the impact assessment procedures environmental (in accordance with the provisions of Art. 11 of Law 25,675). Therefore, even in such an object, the measures ordered by the federal judge of the 1st Instance, are fully congruent.
The preventive role of the courts in environmental processes.
In the third place, the assertion made by the Chamber that the principle of procedural consistency prevails over the powers granted by Art. 32 of Law 25,675 (L.G.A), is questionable, if not erroneous.
In the processes where the environmental issue is debated, because of the well protected, the rights at stake and the particularity of the damage, it is necessary that the traditional procedural rules (read principle of congruence) are redefined from the environmental and human rights perspective. The judge acquires a preventive role and an active role in pursuit of the effective protection of the general interest, being able to adopt the necessary measures and measures (Art. 32 L.G.A). In such a role, the judge must act in favor of the protection of the general environmental interest, which acquires a preeminent value, modifying the traditional rules of the civil process, in order to prevent environmental damage, without falling into the stillness of allowing the pollution and thereby consolidate irreparable environmental damage. Under this pre-eminence, the principle of congruence is subverted, or cedes in favor of environmental protection.
It should be noted that the resolution adopted by the Federal Court of Appeals of Córdoba, is questionable as it erroneously defines the object of environmental protection as merely formal (determine the need for legal authorization), and ignores principles and fundamental rules of Argentine environmental public order. In addition, in this case the resolution revoked simply ordered measures to have more information of the current situation, something that has been the cause of successive public complaints by neighbors in the neighborhoods San Antonio and Inaudi.
It is unfortunate that a formalistic look away from reality prevents having more information, in order to better investigate and evaluate a situation of socio-environmental conflict that has been in our city for years.
More information
Author
Juan Bautista Lopez
María Pérez Alsina, mariaperezalsina@fundeps.org
More than 100 organizations are calling on EITI to publish environmental 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”.
The EITI standard for transparency in extractive activities, seeks to disseminate information on the oil, gas and mining industry. It requires the publication of information along the value chain of the extractive industry, from the point of extraction, to the way in which revenues continue on their way to the government; even how they benefit the general public. This includes how licenses are adjudicated and registered, who are the actual beneficiaries of those operations, what are the legal and fiscal provisions, how much is produced, how much is paid, how are those revenues distributed, and what is the contribution to the economy, including employment.
It is a multilateral initiative to which governments adhere voluntarily, and ensuring the participation of civil society and companies in the extractive sector.
However, and despite the imprint of this initiative, the standard currently lacks requirements on the obligation to publish information related to the costs and environmental impacts of extractive activity. It is necessary to have information, for example, on the amount of water that a mining project consumes, fines paid by corporations for environmental violations, information on environmental impact assessments, mitigation plans, among others. These data are crucial to avoid irreversible damage to the environment and the violation of the rights of those affected by extractive activity.
During the week of February 25, the EITI Board will meet in Kiev, Ukraine; to review the provisions of the current standard. Civil society organizations in Latin America sent a letter demanding that after the review process new guidelines be incorporated to ensure that:
Information is disseminated at the project level, in relation to all social and environmental assessments, showing the true impact of extractive activity on ecosystems and communities.
Argentina has officially joined EITI on February 27, 2019. To strengthen the standard with the demands made by civil society, would result in an improvement on the generation and publication of environmental information in our country.
More information
Sitio WEB de EITI
Carta enviada al Directorio de EITI
Environmental Reporting: Key to Transparency
Contact
Agustina Palencia, agustinapalencia@fundeps.org
The advertising sector from a gender perspective
“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”.
This publication is part of a research process of more than three years, carried out by the Civil Association Communication for Equality and the Foundation for the Development of Sustainable Policies – FUNDEPS – which addresses the problem of inequality in the field of communication, from access to participation, information and justice of citizens in public policies (2012/2016 and 2018), to access to equality in access to opportunities in the organizational structures of the media world, and in this case, the sector of the advertising industry.
The media and the advertising industry, as essential actors in the preparation of content, are spaces that hold great power, not only commercial or as cultural institutions, but are established as opinion makers, producers, reproducers and transmitters of values, stereotypes, meanings and common sense, while defining what is considered relevant, normal, debatable and socially accepted or rejected. It is fundamental to understand in this sense the global concern about the problem of inequality in access to opportunities for women and people in the LGTTTBIQ + community.
Already in 1995, the Platform for Action (PAB) of the Fourth World Conference on Women, held in Beijing, established as a strategic objective, within its section J, the need to “Increase access for women and their participation in expressing their ideas and making decisions in the media and through them, as well as in new communication technologies.” Among others, this is a commitment that States and civil society assumed in order to advance the process towards real equality between genders.
Closer in time, at the 62nd session of the Commission on the Status of Women, which in March 2018, the following topic was considered: The participation of women in the media and Information and communication technologies, and women’s access to them, as well as their impact on the advancement and empowerment of women and their use for these purposes.
In the same way, and as it will be analyzed throughout the present, the Yogyakarta Principles, which since 2007 have addressed the application of international human rights legislation in relation to sexual orientation and gender identity, in section 19, recommends that States ensure that both the production and the organization of media regulated by the State are pluralistic and non-discriminatory with regard to matters related to sexual orientation and gender identity, as well as in the hiring of personal and promotional policies, such organizations do not discriminate on the grounds of sexual orientation or gender identity.
In this framework, we present this report, we conducted an investigation throughout 2018, with the main objective of knowing the labor structure and gender policies of advertising agencies, professional associations, unions and educational institutions linked to the advertising sector of Argentina. The results show the representation of gender in their areas of operation, in the preparation of content and in decision-making positions. The approach is a necessary complement in order to understand the complete reality that covers the problem of communication, from a gender perspective
To carry out the report, interviews were held in the city of Buenos Aires and Córdoba, with: persons in charge of human resources or similar areas of advertising agencies; directives from universities that include careers related to the advertising sector; and unions and workers from that environment. In addition, data was collected and data was collected from official information sources.
RECOMMENDATIONS
Based on the conclusions obtained in the investigation, and the democratization suggestions of the organizations made by the publicity workers and members of unions interviewed, the following recommendations have been made.
GENERAL
FOR ADVERTISING AGENCIES
FOR PROFESSIONAL ASSOCIATIONS AND TRADE UNIONS
FOR EDUCATIONAL INSTITUTIONS
FOR THE STATE
FOR CIVIL SOCIETY
Access to equal opportunities is one of the great debts of our society, and therefore it is necessary to continue breaking with the structures of power that invisibilize and exclude. It is of fundamental importance to continue walking towards an egalitarian democracy that recognizes in an inclusive way the rights of all citizens. The advertising sector is an important social actor. If the contents that are generated, and their functioning mechanisms are democratized towards real inclusion, a huge barrier will have been broken to achieve real equality for the whole society.
[1] Preeminence of males in the areas of Creativity, Technology and Production among others; and women in Administration, Accounts and Planning.
[2] Preeminence of males in management positions in most areas and, above all, in the General Directorates, Coordination and among CEOs.
Publication
More information
Contact
Virginia Pedraza – vir.pedraza@fundeps.org
Cecilia Bustos Moreschi – cecilia.bustos.moreschi@fundeps.org
[SUMMARY] Advertising sector and gender: advertising agencies, associations, unions and educational institutions analyzed with a feminist perspective
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.
Advertising sector and gender: advertising agencies, associations, unions and educational institutions analyzed with a feminist perspective
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.
At the Cosquin Rock violates the regulations on tobacco advertising
“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 Argentina, the National Law N ° 26.687 prohibits the advertising, promotion and sponsorship of tobacco products directly or indirectly and through any means of dissemination or communication; but it contemplates exceptions such as the interior of the points of sale and direct communications to persons over 18 years of age, when their prior consent has been obtained and their age has been verified. The province of Córdoba adhered to the national law through Law No. 10026.
Despite these restrictions, the industry continues to promote tobacco products, with strategies that target adolescents and young people. You can notice, for example, its presence in music shows and night parties, events where the young audience predominates.
In the Cosquín Rock, developed on 9 and 10 February, different tactics could be identified. On the one hand, a large number of promoters and promoters, young people with homogeneous clothing who carried a hanging tray with a fixed and bright advertising, and displayed cigarettes. This gave them a massive visibility throughout the property.
On the other hand, their consumption was encouraged through a special promotion: buying cigarette box packages allowed access to beer at a lower cost than the sale at the authorized premises. In addition, buying beer from those who sold cigarettes avoided the long wait to pay for it at other points of sale.
The brand that was advertised was Rothmans, belonging to the group BAT (British American Tobacco) and cigarettes were flavored, a mechanism that clearly tries to attract new consumers and consumers, seeking to associate tobacco with known flavors. The age of the people who attended was not controlled, so children were also exposed to these strategies.
This type of practice is prohibited according to the law n ° 26.687 and specifically according to the provisions of the regulatory decree n ° 602/13 that expressly contemplates the prohibition of advertising in spaces for public use and promotional discounts.
From FUNDEPS and as members of the Free Alliance of Smoke of Argentina (ALIAR) we denounce this situation before the Secretary of Government of Health of the Nation.
In this context, it is urgent to make progress in regulations that completely prohibit the advertising, promotion and sponsorship of tobacco products, as recognized by prestigious public health institutions and the Framework Convention on Tobacco Control, a public health agreement ratified by 181 countries of which Argentina is not a part.
The cigarette promotion at Cosquín Rock responds to a series of strategies aimed at young people. Allowing this type of advertising in musical events and night parties involves continuing to strengthen the idea of cigarettes as a product linked to fun, independence, rebellion, freedom … ignoring its addictive and deadly nature. Even today, tobacco remains the leading cause of preventable death in Argentina.
More information
Advertising actions of the tobacco companies on websites and events | FIC Argentina
Author
Julieta Segura
Contact
Agustina Mozzoni, agustinamozzoni@fundeps.org
Criticism based on the note “Mothers girls with capital letters”
“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 text abounds in stereotyped notions of motherhood, speaking of “mother instinct” and “what is natural in women”. In addition, minimizes and naturalizes sexual abuse in childhood, describing as “nothing desired or desirable” the “way in which pregnancies were born”, but extolling those girls who took them forward, highlighting that it is “admirable and exciting to see unfold the maternal instinct. “
“Admiration towards the mothers girls, madrazas by the way. Sadness for the “abortionist grandmothers” who happily did not achieve their criminal purpose, “the text continues, describing as” criminals “those” grandmothers “(mothers of rape victims) who make effective the right of their daughters to access the legal interruption of the pregnancy due to the violation.
It should be noted that shortly after the note was published, numerous organizations and organizations of civil society expressed their rejection. Amnesty International Argentina stated that the publisher is unaware of the human rights of the girls and that most of the girls under 15 in our country “are forced child pregnancies as a consequence of situations of sexual abuse and violence that seriously affect the physical and mental integrity of girls. ”
In the same sense, UNICEF said that “pregnancy in childhood is not linked to the” maternal instinct “, it is sexual abuse and therefore pregnancy is forced. Adults (family, State, institutions) are responsible for protecting girls and boys from sexual abuse. “
The General Advisor to the City of Buenos Aires, Yael Bendel, also made public his position and said: “It is very serious that in times where girls’ infanticide, sexual abuse and as a result, pregnancies resulting from these abuses , there are editorials like these that banalize and romanticize these serious crimes. As a body for the protection of rights, we repudiate all the terms of this note. Because they violate rights. Because more than celebrating the dramatic consequences corresponds to prevent violence and punish criminal behavior.
Also, many workers in the media expressed their rejection of the note and manifested in their personal networks stating: “As a worker of LA NACION I reject the words of the editorial” Girls Mothers with capital letters “. A pregnant girl is a raped girl. # GirlsNoMothers “.
The same medium through his digital newspaper was expressed hours later listing the aforementioned criticism and rejection of the publisher in question. “The NATION regrets that the text has been interpreted as a somewhat tolerant message towards child abuse, something that, as the editorial itself pointed out, is obviously repugnant,” concludes the note, which far from making a request for Appropriate apology with the corresponding rectification, attributes the discriminatory, stereotypical and apologetic message of the editorial to the mere interpretation of the reader.
In the document that is attached, all the violences in which the editorial note is incurred are exposed, 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 to misinform and create behavioral values that are harmful to citizens.
Document Criticism based on the note “Mothers girls with capital letters”
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
Virginia Pedraza, vir.pedraza@fundeps.org
Criticism based on the note “Mothers girls with capital letters”
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.