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Organizations request spaces for participation in the Federal Council for Transparency.

Organizations members of the Network of Organizations against Corruption (ROCC) asked the President of the Federal Council for Transparency to enable participation spaces with Civil Society Organizations.

“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”

Poder Ciudadano, the Center for Research and Prevention of Economic Crime (CIPCE), the Latin American Center for Human Rights (CLADH), Foundation for the Development of Sustainable Policies (FUNDEPS), Transparencia Ciudadana Foundation, Nuestra Mendoza Foundation, the Civil Association for equality and justice (ACIJ) Acción Ciudadana Areco and Fundación Salta Transparente – Organizations member of the Network of Organizations against Corruption (ROCC) – presented to the president of the Federal Council for Transparency, Dr. Eduardo Bertoni, a letter requesting the means for the establishment of spaces for consultation, participation and discussion that involve civil society organizations are arbitrated. The Federal Council for Transparency, created by the Law of Access to Public Information, was constituted as a technical cooperation space, made up of representatives of the Executive Power of each province of the country and of the Autonomous City of Buenos Aires, created for the promotion of public policies on transparency and access to public information throughout the country.

However, the member organizations of the ROCC pointed out that the Federal Council for Transparency does not have a space for articulation and exchange of ideas with key actors, such as civil society organizations, that allow for the nourishment of a space in which discuss and specify public policies of utmost importance for society. The public administration must always take into account that for the design of any public policy of such relevance to society, it is essential to ensure the inclusion of the voices of citizens, which can provide a different point of view and sometimes more consistent with reality from day to day. This type of space is fundamental to achieve a strategic and effective resolution of conflicts related to transparency and access to public information. The Network of Anti-Corruption Organizations is made up of a group of civil society organizations that want a present, transparent, accountable state with the highest standards of integrity. That is why we ask the Federal Council for Transparency to allow dialogue and the participation of Civil Society Organizations since together they can design public policies and action plans much more effective and with greater strength.

Access the note here: LINK

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The 4th session for the discussion of a binding treaty on companies and human rights ended.

During the week of October 15 to 19, the sessions of the Intergovernmental Working Group of the Human Rights Council of the United Nations took place. This group meets for the fourth time, and the discussions around a draft for the adoption of a binding treaty that seeks to regulate the activity of transnational corporations and their effects on human rights.

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

A draft text for the ‘Binding Treaty on Business and Human Rights’ was finally submitted in mid July. This document was launched in Geneva, within the framework of the mandate of the Intergovernmental Working Group on Business and Human Rights, which indicated that a binding treaty on this matter should be developed. The sessions in October, took as a starting point for the debate, that ‘Zero Draft’.

The immediate antecedent of this draft was the document known as “Elements of the Treaty” that circulated at the end of 2017 and was discussed at the third session of the Intergovernmental Group in October of that same year. Subsequently, these ‘Elements’ were submitted for public consultation and comments were received until February 2018. Once the process was closed, the construction of a text for the 4th session was left.

About the ‘Zero Draft’

At first glance, the essential difference between both documents (the treaty and the elements), is the disappearance of the term ‘other companies’ when it refers to the subjects susceptible of judicial responsibility. The debate over the inclusion of other companies besides those of a transnational nature was strongly opposed. This, since it was considered that this treaty should only focus on those companies that have activities in two or more national jurisdictions because those that only acted in one State, were subject to national regulatory regimes. However, it should be noted that Article 4 of the draft defines ‘transnational business activities’ as any productive or commercial activity that takes place in two or more national jurisdictions. This reference could also be interpreted for those business activities carried out in a single State but that could be transnationalized due to their inclusion in a value chain.

Likewise, the preamble of the document does not include in its entirety what had been proposed in the draft elements of the treaty. The document published at the end of last year mentioned, among other things, the importance of referencing the Guiding Principles, the rules on the responsibility of transnational corporations and the pressing situation regarding the negative impacts of business activity on human rights. The draft treaty, in its preamble, fails to recognize all the elements that frame the process of creating this binding instrument.

In a second instance, it is important to mention that the draft text highlights the responsibility of the State as the first and only protector of Fundamental Rights in the face of corporate actions, although it ignores the possible damage caused to the commercial activity of nations. In this sense, those commercial activities that are supported by the States (generally public private investments) do not have a reception in this treaty.

The draft also surprises because of the relevance given to the remediation of damages and the rights of the victims, given the urgent need to prevent companies from violating human rights. This disparity between the remedy and prevention was noted by civil society in the ‘Elements’ document, and criticized as it is necessary that the damages caused by business activity be prevented in the same way as the provision of compensation to the victims.

Despite the strong focus on the ‘effective remedy’, the draft adopts an article on prevention; in which it is important to mention the obligation to establish legislation that obliges companies to take due diligence actions. Including environmental and human rights assessments to analyze their activities and take the necessary actions to prevent damage.

Now, it is clear that the draft proposes a binding component for the States, in the sense that it forces them to adopt legislation that ensures respect for Human Rights against business activity. However, the text does not evidence the responsibility of the companies and this is because the treaty will not make them obligated subjects but through the laws that the States will implement. In this regard, the possibility of creating a ‘tribunal’ or another similar institution that has the capacity to judge and penalize the actions of transnational companies disappears.

The draft of the treaty did not include the chapter on ‘Obligations of companies’ that was found in the ‘Elements’; nor were the obligations of international organizations included.

An important element that appears in the draft is the ‘International Fund for Victims’, whose objective is to collaborate with the effective remediation to the damages caused by the business activity.

About the 4th session

After the 4th session of the Intergovernmental Working Group, the polarization of opinions between the countries of the ‘north’ and the global ‘south’ has become evident. The countries belonging to the BRICS block, together with most of the African continents and Latin American; have shown a positive response to the initiative of a legally binding instrument. However, representatives of the European Union, the United States of America, Japan, Australia and Canada, in addition to not having been present at the negotiations, have made clear their refusal to endorse the creation of the aforementioned treaty.

This polarization has relevant effects on the effective force that an instrument of these characteristics can have. Since most of the transnational corporations that would be forced by this text, stay in the States that today pronounce themselves in a manner opposite to the treaty, the protection of human rights against the activity of transnational corporations would not be completely insured .

There are still no certainties about how the process will continue after this fourth session and it is also not clear how civil society will be included in it. According to the ‘Global Campaign to Stop Corporate Impunity’, the following are the points recommended to the Intergovernmental Group, to give continuity to the negotiations:

  1. The future treaty should be aimed at Transnational Corporations (TNCs) and other companies with transnational activities, in accordance with the mandate given to the Intergovernmental Working Group in resolution 26/9.
  2. The future treaty must contain direct obligations for NCDs. It must also establish the joint and several liability of the parent companies with the entities throughout its global production chain (subsidiaries, subcontractors, suppliers, etc.).
  3. The future treaty should provide for an international enforcement mechanism with effective and binding enforcement powers. In this regard, the Global Campaign proposes the creation of an International Court to prosecute TNCs that commit human rights violations and an International Monitoring Center for TNCs.
  4. The future treaty must clearly establish the primacy of human rights obligations over trade or investment agreements.
  5. The future treaty should include concrete measures against the influence of TNCs in the process of formulating public policies at the international and national levels.
  6. The effective participation of civil society in all stages of negotiations on the draft treaty and the safeguarding of the process of influence of TNCs and their representatives.

Writer:

Agustina Palencia

Contacts:

More Information:

We present comments on the draft treaty on business and human rights.

Advancing towards a binding treaty on transnational corporations and human rights.

Zero Draft Binding Treaty

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Considerations on the crime of abortion and injuries to the unborn person in the preliminary draft reform of the Penal Code

Following the preliminary draft of Penal Code 2018, a group of professionals and civil society organizations sent a letter to Minister Germán Garavano requesting that he suspend articles 95 and 96 of the preliminary draft because they are regressive for the rights of pregnant persons.

“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”

Together with a group of professionals and civil society organizations that work in defense of human rights, we sent a letter to Germán Garavano, Minister of Justice and Human Rights, requesting that he suspend articles 95 and 96 of the preliminary draft because they are regressive for human rights. of pregnant people.

The text proposed in the Draft of Penal Code 2018 does not accept the important modifications approved in the Chamber of Deputies of the Nation in the recent treatment of the bill that decriminalized and legalized the interruption of pregnancy on a voluntary basis until the 14th week of gestation.

1. The proposed wording does not substantially change the conditions and guidelines set forth in arts. 85 and next. of the current penal code in force since 1921, although it uses different expressions and, on the contrary, may be regressive.

2. The fundamental change foreseen in the legal reform debated and approved in Deputies is not contemplated, that is, that the abortion is not punishable when the woman voluntarily decides to interrupt the pregnancy in the first 14 weeks of gestation. Consequently, the grounds for exemption from punishment in the preliminary draft under analysis remain the same as those currently in force: danger to the life and health of women and in case of violation.

3. The new proposed text qualifies health in its physical and mental aspect, while in the current penal code in force, as well as in the project approved in Deputies, only “Health” is spoken, which we consider more correct, because enables the development of the broad concept according to WHO guidelines that does not limit the concept of health to physical and mental aspects only. Therefore, the change is limiting and can be interpreted restrictively, generating greater obstacles when it comes to accessing the legal interruption of pregnancy for this reason, as it is currently planned.

4. The enumeration proposed by the preliminary bill in relation to the grounds for exemption from punishment is also restrictive insofar as it does not expressly contemplate the possibility of deciding to terminate the pregnancy when there is a diagnosis of non-viability of extra-uterine life of the fetus (for example in the case of anencephaly ), as today is accepted and admitted by the jurisprudence for decades, and was expressly consigned in the project that had half sanction.

5. In relation to the amount of the penalties provided for the crime of abortion instead of the current one from 1 to 4 years, it is established from 1 to 3 years, thus reducing the maximum in one year, which may mean greater possibilities that the prison sentence is not effective, although it depends on the judicial criterion since as a general principle in the Preliminary Draft the penalties are effective compliance. It should be noted that the project with a half sanction established a substantially lower penalty: from 3 months to a year with the possibility of being left in suspense at the discretion of the judiciary criteria.

6. In the Preliminary Draft the possibility of suspension is extended and even the benefit is extended with the possibility that the judge decides to leave the penalty without effect, but it should be noted that in addition to being substantially greater than in the project with half sanction, there was a judicial process that occurred when the termination of pregnancy was practiced only after the week 14, ie, from week 15 of pregnancy – and provided that the other causes that do not have a deadline of expiration-, which substantially reduced the universe of cases caught in the criminal sphere.

The circumstance that this Draft incorporates this figure of suspension of punishment or exemption from punishment at the discretion of the criminal judges intervening in proceedings against women, does not improve the clearly punitive and persecutory issue that this crime involves for women. In addition to continuing to prosecute, women are subject to the discretion and discretion of criminal judges, who will graduate the sentence and decide discretionally on its amount, suspension or exemption.

7. We consider it necessary to emphasize that the evolution of comparative law and the most modern tendencies in the criminal field and in the international law of human rights, which permeates and especially affects sexual and reproductive rights in the 21st century, point not only to decriminalization and legalization of the IVE during the first weeks of pregnancy, but consider that the criminal appeal is disproportionate, discriminatory against women and only applicable as a measure of last resort (ultima ratio).

8. As a result, legal systems abandon criminalization and resort to other measures outside the criminal context. Compared legislations abstain from incorporating into the codes new norms that suppose the creation of new crimes or criminal types, such as, for example, abortion in its culpable form, which this preliminary draft incorporates.

The preliminary draft that concerns us deepens this regressive path, creating more criminal figures directly linked to abortion that until now was always contemplated in its intentional form (ie with intention). Creating the crime of wrongful abortion not only strengthens the punitive path, but it also constitutes a direct threat to the professionals involved in health practices, who see a new criminal figure that involves them beyond other criminal figures that will be applied to them. the commission of harmful acts due to malpractice, which are already contemplated.

9. Wrongful abortion is a very scarce figure in comparative legislation. Very few penal codes outside Spain (Article 146 with a prison sentence of three to five months alternative with fine and disqualification in your case from one to three years), where non-punishable abortion is contemplated before 14 weeks of pregnancy; only three countries in Latin America contemplate it – two of them with serious maternal mortality problems – such as Guatemala (article 139 with one to three years imprisonment); Costa Rica (Article 122 sixty to one hundred and twenty days of fine) and El Salvador (Article 137 prison from six months to two years). The Preliminary Draft adopts for this figure the same penalty as El Salvador, one of the Central American countries with the highest criminalization against women.

10. Therefore, we consider it necessary to suppress the crime of miscarriage of the criminal code proposed in the preliminary draft in art. 87 inc.2, which is also public action may be seriously intrusive to the privacy of women.

11. On the same path of punitive increase directly related to the sexual and reproductive rights of women, the preliminary draft incorporates two new offenses: injury to the fetus, called “injury to the unborn person”, in its willful and guilty manner. Nor do we find reception of these figures in comparative law, more than the few examples offered by the laws of Peru that includes the fraudulent figure and Spain, El Salvador and Colombia that admit both intentional and culpable. In the rest of the legislation these criminal types are not contemplated. It could be understood that this crime gives the fetus a certain legal status, alien and different to the body of the woman or pregnant person, trying to equate it with a person already born. This question has been the object of deep analysis in the jurisprudence, in particular by the Supreme Court of Justice of the Nation in the previous FAL and by the Inter-American Court in the Artavía Murillo case whose conclusions do not validate the criterion that informs this crime, but quite the opposite.

12. On the other hand, in the preliminary projects that were made in our country so far this century (2006 and 2014), these figures that are reproduced here are incorporated (in 2006 only the malicious form was included), with many criticisms and observations, including the dissidence presented by one of the members of the Drafting Commission to art. 96 of the Preliminary Draft of the reform created by Dto.678 / 2012, to which we refer (See “Draft of the Criminal Code of the Nation – Det. PEN 678/2012”, Dissident Dra. María Elena Barbagelata). On both occasions, the Public Ministry of Defense also held that in the face of any pretension to incorporate the crime of injury to the fetus, it will be essential to bear in mind that these proposals frequently violate women’s right to choose, encourage social control policies of the pregnancy and motherhood and unjustifiably expand the punishable area (See “Opinion for the preparation of the new Criminal Code of the Nation with a gender perspective” Dra. Stella Maris Martínez – General Office of the National Ombudsman).

For the above, we advise the deletion of arts. 95 and 96 of the preliminary draft of the penal code 2018, especially taking into account that these crimes are also public action. (Articles 71 and following of the Draft).

PEOPLE AND INSTITUTIONS THAT SUBSCRIBED THE DOCUMENT:

ASOCIACIÓN DE ABOGADOS DE BUENOS AIRES (AABA)–

Dras. María del Carmen Besteiro

Dra. Gabriela Nasser

Dra. María Elena Barbagelata

Dra. Julieta Bandirali

Dra. Nelly Minyersky

Dra. Nina Brugo Marcó

Dra. Sandra Mónica González

Dra. Verónica Heredia

Dra. Natalia Ferrari

Dra. Cristina Raquel López

Dr. Ricardo Huñis

Dr. Guillermo Goldstein

Dr. Carlos Alberto López de Belva

Dra. Alba Rocío Cuellar Murillo

FUNDACION MUJERES EN IGUALDAD (MEI)

Sra. Monique Altschul

CEDEM- (Centro de Estudios de la Mujer)

Lic. María Luisa Storani

AMNISTÍA INTERNACIONAL (AI)

Lic. Paola García Rey

CENTRO DE ESTUDIOS LEGALES Y SOCIALES (CELS)

Dra. Edurne Cárdenas

EQUIPO LATINOAMERICANO DE JUSTICIA Y GÉNERO (ELA)

Dra. Natalia Gherardi

UNR- FACULTAD DE DERECHO- PROGRAMA GÉNERO Y SEXUALIDADES

Dra. Analía Aucía

CLADEM ARGENTINA

Lic. Milena Páramo

INTEGRANTES DE LA COMISIÓN DE LOS DERECHOS DE LA MUJER DE LA F.A.C.A:

Dra. Silvia Pedretta

Dra. Marisa Eisaguirre

Dra. Mariela Jesús

Dra. Mabel López

ASOCIACIÓN DE MUJERES PENALISTAS DE ARGENTINA (AMPA)

Dra. Mariana Barbitta

CATOLICAS POR EL DERECHO A DECIDIR

CUERPO DE ABOGADAS FEMINISTAS DE CÓRDOBA (CAF)

FUNDACIÓN PARA EL DESARROLLO DE POLÍTICAS SUSTENTABLES (FUNDEPS)

XUMEK (ASOCIACION PARA LA PROMOCIÓN Y PROTECCIÓN DE LOS DERECHOS HUMANOS (MENDOZA).

MUJERES X MUJERES

MULTISECTORIAL DE MUJERES DE SANTA FE

ALIANZA POR LOS DERECHOS HUMANOS DE LAS MUJERES (RED QUE AGRUPA MAS DE 300 ABOGADAS DE TODO EL PAIS)

Dra. Mariana Romanelli

Dra. Mariana Vargas

Dra. Daniela Fagioli

Dra. María Elisa Vilca

Dra. Mariana Hellin

Dra. Laura Julieta Casas

Dra. Susana Chiarotti

Dra. Mónica Menini

Dra. Soledad Deza

Dra. María Urueña Russo

Dra. Mariana Soledad Alvarez

Dra. Raquel Asensio

Dra. Paula Condrac

Dra. Larisa Moris

Dra. María Renée Carrizo

Dra. Karina Selva Andrade

Dra. Alejandra Perez Scalzi

Dra. Silvia Juliá

Dra. Manuela G. González

Dra. Lucía Puyol

Dra. Mariana Ripa

Dra. Sabrina Frydman

Dra. Patricia Bustamante Quintero

Mg. Cecilia Russo

Dra. Analía Mas

Dra. Andrea Caleri

Dra. Eleonora Lamm

Dra. Lucila Puyol

Dra. Valentina Tarqui Lucero

Dra. María Gabriela Pellegrini Salas (AAMJUS)

Lic. Dora Barrancos

Dra. Celeste Perosino

Lic. Mónica Tarducci

Sra. Marta Alanis

Sra. Julia Martin

Lic. Dolores Fenoy

Lic. Victoria Tesoriero

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Transparency and accountability in electoral campaigns

Every 30th of October the day of the recovery of democracy in Argentina is celebrated; to remember the moment in which culminated de facto period that extended from 1976 to 1983. Today, 35 years of the elections that granted the position of president to Raul Alfonsin, it is still difficult to speak of transparency and accountability in the processes Electoral elections.

“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 July of this year, a preliminary judicial investigation was opened based on revelations that journalist Juan Amorín published on the website El Destape regarding the 2017 legislative campaign of Cambiemos in the province of Buenos Aires. According to the information, more than 200 beneficiaries of social plans appear as contributors to that coalition, as well as many people who appear as affiliated to the Pro and who denounce never having affiliated to that group. The case was initiated by the federal prosecutor with electoral competence, Jorge Di Lello and then turned over to the court with Buenos Aires electoral competence that is under the jurisdiction of Judge Adolfo Ziulu.

Simultaneously, the National Electoral Chamber as the highest authority for the application of political-electoral legislation, through an internal audit objected to the accountability of the electoral campaign of Change for the 2017 elections. In addition, the audit warned of other irregularities such as contributions made by companies or entities prohibited by law. In this way, the entity advised Federal Judge Adolfo Ziulu not to approve the accountability of the change campaign in the face of the primary elections of last year.

Also, as a result of the aforementioned publication, two other causes were initiated. One of them is instructed by Judge Sebastián Casanello and prosecutor Carlos Stornelli, and the alleged money laundering is investigated when the origin of the funds is unknown. The other began with the denounce of the deputy Teresa García (FPV) for the possible commission of acts of identity theft, forgery of documents, money laundering, and violation of secrets and privacy. It was in the court of Ernesto Kreplak.

As a result, the government of Mauricio Macri hastened to send to the National Congress a project to reform the financing system of political parties, with the aim – among others – to prohibit the contribution of cash in electoral campaigns and to enable the contribution of legal persons.

The Center for the Implementation of Public Policies for Equity and Growth (CIPECC), an independent, non-profit, non-partisan organization, argues that since the national electoral reform of 2009, Argentina has a system of financing parties and campaigns national elections that are based mainly on public contributions. The norm, until now, was applied in three electoral processes and served as a framework for the exercise of ordinary financing of the parties.

CIPECC analyzes that the balance of that accumulated experience is uneven. On the one hand, an equity floor is guaranteed by allowing all parties and candidates to access the mass media. On the other, there are strong indications that most party and campaign spending occurs informally, either in the form of undeclared contributions and expenditures or the abuse of public resources for partisan purposes. This informality has detrimental effects on the transparency and integrity of democratic institutions: it interferes with the right of every voter to make an informed vote; it facilitates the capture or influence on the part of the interests of particular groups and generates the risk that partisan and electoral politics will be financed with money coming from illicit activities.

The importance of accountability in electoral campaigns denotes the need to have an open government in this regard. An open government is a transparent government, that is, a government that encourages and promotes accountability to citizens and that provides information about what it is doing and about its action plans. Also, it is a collaborative government which implies a government that commits citizens and other actors, internal and external to the administration, in their own work. Finally, a participatory government, which means that it favors the right of citizens to participate actively in the shaping of public policies and encourages the administration to benefit from the knowledge and experience of citizens.

Transparency does not bring value by itself if it is not linked to accountability. Thus, while transparency privileges an informative condition, the rendering of accounts implies the presentation of evidence that leads to argumentation to justify the exercise of authority or the assigned responsibility.

There are organizations that work to promote this transparency. The Open Government Partnership, in English known as OGP (Open Government Partnership), is a multilateral initiative that involves governments and civil society organizations to promote transparency, participation and government innovation. Argentina joined in 2012 and today has its third Action Plan underway. Among the agreed commitments is the preparation of a bill for the financing of political parties that addresses the problems identified and guarantees access to information by citizens. The aim is to guarantee the visibility of the origin and destination of the funds destined to finance the policy, the knowledge on the part of citizens online and in real time of the transactions made with the campaign funds in the campaign and the citizen control over how the parties are financed. .

What happened in the legislative electoral campaign in 2017 demonstrates the immaturity stage of our democracy. In view of the 2019 elections, then, it is imperative that citizens be alert and demand that accountability be present at all times. The results of the research, emerged from a source accessible to the whole society, open data that we had at our disposal. This finally shows that it is the responsibility of the citizens to appropriate the information that the State publishes to control the acts of government.

 

Author:

Stefania Piñedo 

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UN Committee ends report on Economic, Social and Cultural Rights in Argentina

The United Nations Committee on Economic, Social and Cultural Rights concluded on September 28 the fourth report of Argentina on the implementation of the International Covenant on Economic, Social and Cultural Rights.

After an interactive dialogue with the Argentine delegation, the Analysis Committee was integrated The report was presented by the State and also the information by civil society organizations through the shadow reports.

“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”

Main conclusions

One of the central issues addressed by the Committee was the financial crisis, because in a context where poverty rates continue, policies to reduce social programs have been implemented, deepening the vulnerability of some social groups. The Argentine State was also questioned about the situation faced by its government institutions, the degradation of some ministries to secretariats, and about the appointment of the Ombudsman.

On the other hand, he expressed his concern for the repression of social protest and access to the land of native peoples. In addition, although the Committee congratulated the adoption of the Gender Identity and Equal Marriage Law in the country, it drew attention to the lack of access to work and harassment in the educational system for LGBTI people, people with disabilities, migrants and women. He also asked the State about youth unemployment, informal work, and several issues related to education (school dropout, sexual and reproductive education and teaching of native languages).

Find more information on public education and comprehensive sex education.

Equality between men and women

Argentine women are affected by the unpaid work of family care, the low rate of labor participation, lack of universal provision of social services and low representation in senior positions in various sectors (particularly justice and the private sector). Therefore, the Committee recommends strengthening legislative provisions and public policies with assigned budgets, aimed at achieving equal rights for men and women, including a public system of comprehensive care, the implementation of measures against social stereotypes that affect women and the promotion of reconciliation policies between work and family life.

On equal opportunities for women and LGBTI people in media organizations, you may be interested in the following link.

Sexual and reproductive rights

Regretting that the bill of voluntary interruption of pregnancy was not approved, the Committee highlighted the high numbers of dangerous abortions in Argentina

and the obstacles to access to abortion in the causes foreseen by the current law, such as the lack of adequate medicines and the negative impact of conscientious objection by health professionals. He also highlighted the lack of a normative and institutional framework to guarantee adequate health services for intersex people.

Among its recommendations in this area, are the provision of contraceptive methods throughout the territory, as well as the adoption of effective measures for the effective implementation of the causes of non-punishable abortion in all provinces – under the provisions of the FAL ruling – and access to medications that allow a safe pregnancy termination. It also recommended the regulation of conscientious objection in order not to obstruct the rapid and effective access to abortion, with dignified treatment by health professionals for patients seeking access to abortion services, as well as not criminalizing women who resort to abortion. practice. Finally, it recommended adopting a normative and institutional framework to guarantee adequate health services for intersex people.

Violence against women

The Committee is concerned about the seriousness of violence against women and girls, with 251 femicides in 2017, despite some progress (such as the inclusion of the figure of femicide in the Criminal Code and the law of Integral Protection). For this, he urged the State to consider the needs of victims of gender violence in the judiciary, to implement free and specialized sponsorship services for women and to improve measures to guarantee the investigation, punishment and reparation of acts of violence , in order to achieve full protection for women and their children.

Feeding

On this point, the Committee regretted the absence of an explicit constitutional recognition and protection of the right to food, the lack of implementation of the Family Agriculture Law No. 27,118, budget and personnel cuts in the family agriculture sector and the increase of people who depend on school and community dining rooms.

He also expressed concern about the increase in the rates of overweight and obesity, the absence of state measures to reduce the consumption of sugary drinks and the lack of adequate regulation to restrict the advertising of unhealthy foods.

In this sense, its main recommendations were to adopt a normative framework that expressly recognizes the right to food and that guides public policies that ensure a healthy, nutritious and sufficient diet, especially for disadvantaged groups. This includes ensuring the effective implementation of the Family Farming Law and taking effective measures to discourage the consumption of foods and beverages harmful to health. At this point, it was even recommended to increase the tax on sugary drinks, strengthening the regulation of the Argentine Food Code in terms of front labeling of foods, including information on sugar in the products, and implement restrictions on the advertising of food and drinks harmful to health, particularly those intended for children and adolescents.

Learn more about food labeling and consumption of sugary drinks.

Health and tobacco use

The high consumption of tobacco has a great negative impact on the health of people in Argentina. The regulation of taxes on tobacco is insufficient and the regulation on advertising campaigns is precarious, so the Committee recommended to our State to adopt more robust measures for the prevention of consumption. Among these, mention is made of the tax increase at a level sufficient to have a deterrent effect on tobacco consumption, the prohibition on advertising, and information campaigns on the negative impact of tobacco on health, with emphasis on the protection of tobacco products. children and youth

In addition, he urged the State to ratify the WHO Framework Convention on Tobacco Control and to adjust the internal regulations on the advertising of tobacco products to the standards established in this Agreement.

Here you can read more about the tobacco control framework agreement.

Mining and the environment

The use of certain unconventional methods of exploitation of hydrocarbons, such as fracking, and the local impact of these forms of exploitation were another concern of the Committee. In particular because of the negative impact they can have on the environment, water and health. Therefore, the country was recommended to adopt a fracking regulatory framework that includes assessments of its impact in all provinces, prior consultations with affected communities, and appropriate documentation of its effects on air and water pollution, emissions radioactive, the risks to health and safety at work, the effects on public health, noise pollution, light and stress, seismic activity that can trigger, threats to agriculture and soil quality, and to the climate system.

Agriculture, healthy environment and health

The increase in the use of pesticides and herbicides that include glyphosate is worrisome, despite the serious adverse impacts on health and the environment of many of them, indicated as probably carcinogenic by the International Agency for Research on Cancer (IARC). ) of the World Health Organization.

In this regard, the Committee recommended that Argentina adopt a regulatory framework that includes the application of the precautionary principle regarding the use of harmful pesticides and herbicides, particularly those that include glyphosate, to prevent negative health impacts from its use and in the degradation of the environment.

On the application of agrochemicals, you may be interested in the following link.

 

Writer: Mayca Balaguer

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Collective actions, a tool to guarantee access to justice.

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

The Supreme Court urged Congress to regular collective proceedings. In the Justice 2020 initiative of the Ministry of Justice, a proposal was drawn up that restricts the possibility of using it as a tool to guarantee rights. Therefore, Congress must bear in mind that this is a debate in which all sectors that may be affected must have participation. From the civil society we bring some brief notes to encourage debate, and the content that could have a future law of collective actions that promote human rights and users and users.

This document was prepared by:

Civil Association for Equality and Justice (ACIJ), Collective of Rights of Children and Adolescents, Legislative Directory, Foundation for the Study and Research of Women (FEIM), Women in Equality, Kaleidos Foundation, Collective Justice, ANDHES, Center for The Implementation of Constitutional Rights, ABOSEX, 100% Diversity and Rights, Fundación Huésped, Fundación Sur Argentina, Poder Ciudadano, FUNDEPS, Homosexual Community Argentina (CHA), FARN, Abogadxs Culturales, Amnesty International Argentina, ELA- Latin American Justice and Gender Team and the Center for Legal and Social Studies (CELS).

 

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Acclamation in the Public Defender’s Office continues: new Provisional Director

The last week of September, the Bicameral Commission for the Promotion and Monitoring of Audiovisual Communication, presided over by Senator Eduardo Costa (UCR), unexpectedly decided on the provisional appointment of a new Public Defender: Eduardo Jesús Alonso.

“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 decision to appoint a Provisional Defender was agreed by the ruling party with ignorance of the opposition. The Commission meeting was convened to deal with the anomalous situation that the Public Defender suffers and to be able to analyze the appointment process. The designation itself was not part of the agenda. The surprise then, was the designation of Alonso, whom the majority of the Commission did not know: neither his name, nor his career, nor his curriculum, nor the reasons why he proposes him as Provisional Defender.

Finally, as the designation did not take place, the deputies of all the blocks agreed on the appointment of Alonso, which will remain in force until the titular Defender is appointed, within a period of 60 days. It should be noted that since the Chair of the Commission it was clarified that the provisional designation is intended to fulfill the operational and administrative functions of the Public Defender’s Office and can not take any resolution of an institutional nature.

For now, the only thing that is known about the new Public Defender is that he is a young lawyer of 32 years who, with the assumption of the new management in 2015, went to work in the General Secretariat of the Presidency.
The Public Defender’s Office for Audiovisual Communication has been unaccompanied since November 14, 2016 when, before the end of the mandate of Lic. Cynthia Ottaviano, the Bicameral Commission of the Congress decided not to appoint a new defender or renew the mandate of the outgoing defender. From that moment, the lawyer María José Guembe, Director of Protection of Rights of the Ombudsman, was an interim reference.

The institution of the Public Defender’s Office is essential because it acts as an intermediary between the communication actors and the public, representing the interests and rights of the audiences. In recent weeks, we have carried out a report of media violence against the entity. From the Public Defender’s Office, they informed us that they have problems to respond to the procedures and claims and clarify that “The delay is due to the Bicameral Commission of promotion and monitoring of audiovisual communication, telecommunications technologies and digitalization of the which depends on this body, has decided to appoint a new person in charge of the Public Defender’s Office until the situation of acefalía is regularized and a new Public Defender is elected. ”

In this way, the continuity of this acclamation since 3 years ago, is a violation of the citizenship since their rights can not be fully enforced without the full action of this body. Until a new Public Defender is selected and appointed, the rights of the audiences remain at risk.

Writer:  Emilia Pioletti

Contact:

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Repeated figurine: Complaint against Baby Etchecopar for media violence

The sexist and discriminatory comments of Baby Etchecopar said in its radio program “The Angel of the Midday” on Radio 10, generated a great repudiation of social movements and women, from which several complaints were filed, including a criminal violate the national law 23.592 that penalizes discriminatory acts. The regulation imposes a penalty of imprisonment of one to three years to those who make propaganda based on ideals or theories of superiority of a group of people.

“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 virtue of the acts of Mediaeval and Symbolic Violence against women generated by the comments of Etchecopar, from the FUNDEPS Gender Team we filed a complaint with the National Communications Agency (ENACOM), in repudiation for the dissemination of these messages that promote discrimination against women, legitimizing inequality of treatment and reproducing sociocultural patterns of inequality and generators of violence against women.

The misogynistic sayings that motivated our denunciation took place on September 10 as part of a telephone discussion with Silvia Ponce, leader of the Evita movement, who was in a social protest against the adjustment and economic policies of the Mauricio Macri government.

In this context, the radio operator asked her if she was a beneficiary of a social plan, to which she replied that she did. So he asked her if she worked. When Silvia answered affirmatively again and said that she worked every day at home, Mr. Baby Etchecopar interrupted her saying: “No no, but not at home. You answer me what I ask you because cassette no. Do you work or do not you work? ”

We consider that such an expression is totally discriminatory, sexist and that it makes the work of women invisible, since domestic activity is work, even if it is not remunerated. In fact, it is one of the main causes of inequality between men and women.

According to INDEC data, 9 out of 10 women dedicate part of their day to this type of tasks, which includes the care and maintenance of the home. Also, 76% of unpaid domestic jobs in Argentina are performed by women. Even those who work full time dedicate more time in their life to these activities than men who are unemployed. This fact implies less leisure time for women, training and professional development. Which translates into lower income, more precarious work and the so-called “glass ceiling” that prevents us from accessing the hierarchical positions of power.

Lastly, after taking Leader Silvia Ponce out of the air, Baby Etchecopar said: “I have six children. Who sends you to fuck, boluda? Stop fucking. ” We repudiate such expression not only by the level of aggression, but by setting a clear example of gender violence: and according to the Law of Integral Protection of Women 26,485, as media violence, understood as “all publication or dissemination of messages and images stereotyped through any mass media, that directly or indirectly promotes the exploitation of women, insults, defames, discriminates, dishonors, humiliates or threatens the dignity of women and legitimizes the inequality of treatment or builds socio-cultural reproductive patterns of the inequality or generators of violence against women “.

Baby Etchecopar with his sayings endorses and replicates the models of domination and protection over the woman’s body.

For these same facts that generated our complaint is that the Criminal Prosecutor, Contravencional and Faltas 18, specialized in Gender Violence of the Autonomous City of Buenos Aires, in charge of Federico Villalba Díaz interim, decided to impute it for discrimination in the context of violence of gender.

The prosecution requested the intervention of the Ombudsman’s Office and the National Institute against Discrimination, Xenophobia and Racism (INADI). In turn, the National Communications Agency (ENACOM) also initiated a summary against Etchecopar to determine if Law 26,522 was violated, which seeks to prevent gender violence and protect the most vulnerable audiences.

The media has an undeniable responsibility in the construction of citizenship, since they are not only opinion makers, but also endorse and legitimize practices of society. We welcome the intervention of these institutions in this case and we continue to demand full compliance with and respect for the laws that protect women in order to continue building a more egalitarian society.

Author:

Valentina Montero

Contact:

Virginia Pedraza

vir.pedraza@gmail.com

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Complaint against the Arcor campaign “Your fair share” before the Ombudsman for Children and Adolescents

Supported by public health organizations from across the region, FUNDEPS files a complaint against the Arcor campaign “Your fair share” with the Ombudsman for Children and Adolescents.

In mid-September of this year, Arcor launched the advertising campaign called “Your fair share” which states that “a healthy life is a balanced life in which to take a liking and take care of health go hand in hand.” In this way, a green front label with the phrase “Your fair share” was stamped on several products of the company, indicating “what is the recommended daily portion of what you like and it does you good”.

These types of messages have been criticized by public health specialists for being deceitful and risky, and for contradicting recommendations of human rights organizations and public health organizations such as the World Health Organization (WHO) and the Pan American Health Organization ( OPS). Commercial strategies of this kind in practice promote products with high concentrations of critical nutrients (sodium, sugar, fats) whose regular consumption has a harmful effect on health. In fact, Argentina leads the rates of childhood obesity in Latin America.

This commercial strategy violates the right to health and food for children and adolescents. That is why we decided to make a complaint to the Ombudsman for the Rights of Children and Adolescents of the Province of Córdoba, as a public body in charge of protecting the rights of these groups. Our presentation asks:

  • that the means to respond to Arcor’s advertising campaign “Your Fair Share” be determined for the impact on the rights to health and food of children and adolescents;
  • that mechanisms be put in place for the dissemination of correct and scientific information on healthy eating and in particular regarding this campaign;
  • that the Executive and Legislative Power of the Province be urged to strengthen the regulatory framework to prevent commercial actions such as this one from being carried out, which violate the right to health and food of children and adolescents.

Argentina’s current regulations related to food labeling and marketing techniques are ineffective in adequately protecting the right to health and food, which leaves room for companies to take advantage of these legal gaps, confuse consumers and consumers, and limit their choices.

In this way, the State fails to comply with its obligation to protect the human right to health, which requires that the actions of third parties not affect the effective enjoyment of the right to health of a group of people. This implies a violation of human rights obligations as long as the State fails to comply with the recommendations of monitoring bodies on how to deal with the obesity epidemic. Different organs and specialized offices such as the Committee on Economic, Social and Cultural Rights, the Committee on the Rights of the Child or the Rapporteurs for the right to health or the right to food have marked that the epidemic of obesity is definitely a human rights problem.

This situation demonstrates the need to strengthen the existing regulation and the implementation of effective mechanisms aimed at restricting these deceptive marketing practices and preparing a nutritional label that provides the necessary information to ensure the right of consumers and consumers to clear and truthful information, contributing to the choice of healthier options.

Furthermore, considering that this marketing strategy does not facilitate access to information, it directly targets children and generates confusion about critical aspects of these products, since FUNDEPS is investigating a possible violation of the legal framework of consumer protection. This could imply a breach of the company’s duty to provide adequate and accurate information, and the prohibition of misleading advertising, affecting the right to health and healthy eating of consumers, fundamentally in children and adolescents

Beyond these considerations on the need to improve the current regulatory framework and on an eventual violation of consumer protection regulations, the presentation before the Ombudsman’s Office aims to limit a strategy that affects the rights to health and nutrition. boys and girls. In this sense, Juan Carballo, Executive Director of FUNDEPS, argues that this proposal seeks that an agency in charge of looking after the interests of children and adolescents, pay special attention to a campaign that affects their rights. “We hope that Arcor can be aligned with the practices recommended by specialized health agencies. In addition, in this way it would not fall into a double standard depending on the country in which its products are sold ”

While in Argentina the same product is promoted with the label “your fair measure”, in Chile it receives the triple warning of product “high in saturated fats”, “high in calories” and “high in sugars”:

Arguments against the campaign:

  • The campaign promotes ultra-processed foods in the context of health emergency due to the high prevalence of overweight and obesity in NNyA
  • The campaign uses deceptive marketing techniques
  • The campaign puts the health of children and adolescents at risk
  • The campaign emphasizes individual responsibility
  • The campaign violates the right to information of consumers
  • The campaign is presented in products of “small portions” and not for 100 grams
  • The campaign is based only on calories

Adhere:

  • Dirección General de Enfermedades Crónicas No Transmisibles – Ministerio de Salud de la Provincia de Córdoba
  • Coalición Latinoamérica Saludable (CLAS)
  • Fundación Interamericana del Corazón y sus afiliadas en México, Argentina, Bolivia y Caribe
  • CISPAN Centro de Investigaciones Sobre Problemáticas Alimentarias Nutricionales (UBA), Argentina
  • IFMSA (International Federation of Medical Students Associations) y su sede nacional de Argentina, IFMSA-Argentina
  • Consumers International Latinoamérica
  • ACT Promoción de la Salud, Brasil
  • El Poder del Consumidor, México
  • Alianza por la Salud Alimentaria, México
  • Instituto de Investigaciones en Salud y Nutrición (ISYN), Quito, Ecuador
  • Alianza para el Control de ECNT Chile
  • Frente por un Chile Saludable
  • Fundación EPES, Santiago, Chile
  • Guillermo Paraje, Profesor titular de Economía, Escuela de Negocios, Universidad Adolfo Ibáñez, Chile
  • Alianza ENT-Uruguay
  • Centro de Investigación para la Epidemia de Tabaquismo, CIET-Uruguay
  • Asociación Uruguaya de Dietistas y Nutricionistas – Uruguay
  • Instituto Nacional de Cáncer, Uruguay
  • Instituto Brasileiro de Defesa do Consumidor – IDEC, Brasil
  • FEMAMA, Porto Alegre, Brasil
  • Educar Consumidores, Colombia
  • Fundación Colombiana de Obesidad (FUNCOBES))
  • Mesa por las ENT Colombia
  • Corporate Accountability, Colombia
  • Alianza ENT-Perú
  • COLAT (Comisión Nacional Permanente de Lucha Antitabáquica). Perú
  • ESPERANTRA (Asociación de Pacientes y Usuarios de Servicios de Salud de Perú)
  • SLACOM Sociedad Latinoamericana y del Caribe de Oncología Médica
  • Coalición México Salud-Hable, México
  • Salud Crítica, México
  • Contrapeso, México
  • Public Health Institute

Contact:

Juan Martin Carballo – juanmcarballo@fundeps.org

Agustina Mozzoni – agustinamozzoni@fundeps.org

Available?: Complaint to Arriba Córdoba on Channel 12 for media violence

On September 19 during the transmission of Arriba Córdoba, the morning news channel of Canal 12 in Córdoba, its driver, Jorge Cuadrado, showed on screen a picture of the actress and singer Jimena Barón, entitled “Jimena Barón, again available.” The treatment of the theme, in a jocular tone and clearly reifying of the woman, results repudiable.

“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”.

“Available”, according to the RAE means: 1. Adj. Said of one thing: That it can be freely available or that it is ready to be used or used.3. Adj. Said of a person: Free from impediment to provide services to someone. In this way, they place a woman as a thing that can be freely disposed of, is ready to be used, and is free from impediment to provide services. Since the term “available” was used to refer to the fact that she is single and since Jimena is heterosexual, it is clear that the subject who can “dispose” is a man.

We consider that it is a clear case of Mediaeval Violence and Symbolic Violence in accordance with the definitions Law 26,485 of Comprehensive Protection to Prevent, Punish and Eradicate Violence against Women, and which are also contemplated in Law 26,522 on Audiovisual Communication Services. It also violates and transgresses all guidelines stipulated in the different Guidelines for the Journalistic Treatment Responsible for Violence against Women cases. Therefore, on September 20, we made the corresponding complaint to the Observatory of Symbolic and Mediatic Violence of INAM (National Institute for Women).

It has not yet responded to our complaint, so it is worrying in relation to the commitments made by the INAM regarding the approach to media violence presented in the National Plan of Action for the Prevention, Assistance and Eradication of Violence Against Women.

We continue asking that the media engage in the promotion and respect of equality, avoiding content that reproduces forms of media violence against women, respecting their integrity and their rights at all times. Their role in the construction of meaning is fundamental and they must comply with the laws and avoid practices that promote discrimination, reification and stereotyping of women.

In a context of changing times and advances to dismantle discriminatory structures based on gender, journalistic treatments of this kind do nothing but subtract in the necessary social evolution and contribute to reinforcing violent patriarchal orderings.

Likewise, we urge all public entities to receive complaints for media violence, to fulfill their institutional role of being at the service of citizens, to respond to such cases in a timely manner, and to seriously commit themselves to this struggle.

Author
Emilia Pioletti

Contact

Virginia Pedraza, vir.pedraza@fundeps.org

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With Integral Sex Education you don’t get involved

Last Thursday, Córdoba awoke with posters of the campaign #ConMisHijosNoTeMetas on public roads and urban collectives. The slogan was born a few weeks ago, when the reform of the Law of Comprehensive Sexual Education was discussed in the plenary session of the National Congress commissions. On that occasion, an opposition group demonstrated to prevent progress with this legislation, arguing that Comprehensive Sexual Education could not become “indoctrination” by ideology, giving rise to the slogan of this campaign.

“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 necessary reform

The Law of Integral Sexual Education (ISE) N ° 26,150, in force since 2006, never had an effective national compliance. During the months in which the legalization of the Voluntary Interruption of Pregnancy was debated, Integral Sexual Education was mentioned as an urgent policy both by those who promoted the legalization of abortion and by those who opposed it. In the 2017 Learning tests, 8 out of 10 high school seniors said that sex education and gender violence are issues that the school should address and it does not.

On September 4 (World Sexual Health Day), a majority opinion was reached in the plenary of commissions that dealt with a project to reform the law of ESI. It seeks to strengthen the law to make it clear that it is mandatory in the entire national territory, in institutions of state or private management, beyond the “institutional ideology and the convictions of its members.” In this way, access to a fundamental human right that has been legally recognized for 12 years will be deepened.

That confabulation can be seen

However, the opposition sectors did not take long to be heard and began with a campaign on social networks with statements such as “with the children,” “the children are the parents, not the State” and “not the gender ideology in the school”. They define “gender ideology” as that “set of anti-scientific ideas that, for authoritarian political purposes, uproot human sexuality from its nature and monopolize it through culture.” They affirm that “the deconstruction of the human being will lead to chaos and extinction, as we have already done with nature and other species.” And in their documents they present false concepts about what is sex, gender, sexual orientation and identity. gender, with statements such as “there are only two genders”, “no one is born in the wrong body” and that trans people “suffer from gender dysphoria”.

The role of the Municipality in matters of public space advertising

This misleading and malicious campaign not only circulated through social networks. Hundreds of posters with the slogan “#ConMisHijosNoTeMetas – Yes to sex education, not gender ideology” appeared in spaces of municipal public domain in the city of Córdoba, in flagrant violation of articles 1, 15 ° clause a) and 40th paragraph e). of the Ordinance N ° 10378 of “Regulation of advertising carried out through advertising in the City of Córdoba”.

That is why, together with the Córdoba de Todos Foundation, and with the support of more than 50 social organizations, we made a presentation requiring the Municipality to immediately withdraw the advertisements. We argue, on the one hand, that the campaign violates the spirit of the ordinance, which aims to “regulate the advertising carried out by advertising in spaces or places of the Municipal Public Domain or susceptible to be perceived directly from them, with the purpose to safeguard public safety and morality, as well as to preserve and promote the cultural, aesthetic, landscape, urban and historical values ​​within the municipal ejido. ” On the other hand, the ordinance establishes in article 15 that the announcements can not be contrary to the law, affect morality or good customs, or be discriminatory. This applies to public road signs as well as to mobile advertisements, that is, those that were mounted on vehicles of the Public Transport Service (article 40).

Numerous media echoed our claim. Just a day later, we learned that the Coniferal company, concessionaire of the transport service, decided to remove the advertising of the lunette of their cars.

A fundamental human right

Integral Sexual Education is a human right of which the girls, boys and adolescents of our city are inalienable holders. This has been recognized by the Special Rapporteur for the Right to Education, who in his report to the United Nations General Assembly stated “The right to education includes the right to sexual education, which is a human right in itself, which in turn is an indispensable condition to ensure that people enjoy other human rights, such as the right to health, the right to information and sexual and reproductive rights. ”

This is consistent with the provisions of the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations in 1999 and approved by National Law 23,849 in our country a year later, which obliges the States Parties to respect the stated rights and to ensure their application “to every child subject to their jurisdiction, without distinction whatsoever, regardless of race, color, sex, language, religion, political or other opinion, national, ethnic or social status, economic position, physical impediments, the birth or any other condition of the child, his parents or his legal representatives “(article 2). It also orders them to adopt “all administrative, legislative and other measures to give effect to the rights recognized in this Convention, and with respect to economic, social and cultural rights” to the maximum extent possible. dispose … “(article 3).

It is a non-delegable obligation of the State to build the conditions for the fulfillment and active exercise of all rights, and this can not be an exception. The exercise of this right of children and adolescents can not be hampered by a campaign that misinterprets and confuses what should be understood by Comprehensive Sexual Education, except in areas of Municipal Public Domain.

Saying “ConMisHijosNoTeMetas” means reducing the exercise of this right exclusively to the family. It puts children and adolescents in a passive place, contrary to the current paradigm that must respect them as subjects of law. We understand that families are key in the path of education, and their role is unavoidable, but it is also absolutely necessary that there are public policies to guarantee this human right.

And now?

We still await a favorable response from the Municipality of Córdoba, which stated in the media that the issue is under study and will be analyzed in the coming days.

With our claim we do not seek to limit freedom of expression, although we do not share the ideology of those who promote the campaign. We understand that freedom of expression is a fundamental human right, but can we say anything by protecting ourselves in this right? Or is there a limit when words violate other human rights? Advertising, as well as the media, is one of the determining agents in the transmission of cultural patterns, and can collaborate both in the promotion of values ​​respectful of human rights and in the perpetuation of inequalities. The regulation of the content that is promoted in the public space, such as the municipal ordinance on which we base our claim, marks that limit. In addition, as we explained in our presentation to the Municipality, it is not appropriate to use municipal public domain spaces to disseminate messages that “weaken channels of dialogue, describe in a pejorative manner positions endorsed even by official bodies for the protection of human rights, and incite violence and democratic intolerance. ”

We also believe that it is essential that the government promote a campaign strengthening its commitment to the full implementation of the Law of Comprehensive Sexual Education, taking into account that in our city we have municipal public schools where the expressions of the advertising campaign in question can have generated confusion and conflict.

It is important to understand that what is in conflict is the Comprehensive Sexual Education, understood from a human rights approach and respect for sexual and gender diversity, consistent with our current legal framework and international standards that regulate the subject. It is this sexual education, as the fundamental right of our children and adolescents, that we must defend.

Contacts

Mayca Balaguer, maycabalaguer@fundeps.org

 

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Escazú Agreement: An opportunity to guarantee the application of Principle 10 in LAC

“Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean” was approved in Escazú, Costa Rica, on March 4, 2018, officially opens to the signature of the 33 countries of Latin America and the Caribbean. It requires that 11 countries sign and ratify it to enter into force.

“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 the day of the date, the Escazú Agreement is opened for signature at the 73rd General Assembly of the United Nations, in New York. The agreement adopted by 24 countries of the region on March 4, will be open for signature by the 33 countries of Latin America and the Caribbean (LAC) until September 26, 2020 and will need the ratification of 11 countries to enter into force.

The treaty seeks to guarantee the full and effective application of Principle 10, embodied in the Rio Declaration on Environment and Development of 1992, in Latin America and the Caribbean. For its part, Principle 10 seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters, in order to guarantee the right to a healthy and sustainable environment of present generations and future.

The importance of the Escazú Agreement is that it is the first of its kind in the world that includes specific binding provisions for the protection of individuals, groups and organizations that promote and defend human rights in environmental matters. Likewise, it is the only binding treaty issued by the UN Conference on Sustainable Development (Rio + 20).

In particular, for Argentina, which is characterized by having the highest deforestation rates in the world, as well as the lack of access to environmental information and the lack of participatory public policies, the entry into force of this binding regional agreement will allow the strengthening of access rights in environmental matters.

In the same sense, it will allow preventing the environmental costs of the decisions that have to do with the economic development and to improve the management of the multiple socio-environmental conflicts existing in the territory.

For these reasons, we present a letter to the former Ministry of Environment and Sustainable Development and another to the Ministry of Foreign Affairs and Worship, urging the signature and adhesion of the Argentine government to the Escazú Agreement.

Also, through a press release, UN human rights experts urge the States in Latin America and the Caribbean to sign and ratify, as soon as possible, a pioneering environmental treaty for the region.

The experts added that States should adopt, in their strategies to achieve the UN Sustainable Development Goals, an approach that encompasses society as a whole. They also noted that an essential aspect of States’ international human rights obligations is to ensure the protection, respect and support of individuals who raise concerns about the negative impact on human rights, including in the context of the development of human rights. projects that involve companies

“By signing and promptly ratifying this innovative treaty, the Latin American and Caribbean States will reinforce their firm commitment to environmental protection and human rights, and above all, they will send an unequivocal message in favor of multilateralism, solidarity, equality and regional integration, while promoting collaboration with other regions, “they said.

We believe that the entry into force of the regional agreement will be a fundamental step towards achieving a true environmental democracy. Therefore, we urge Argentina and other countries of Latin America and the Caribbean to sign and ratify, as soon as possible, this historic treaty for the region.

 

More information

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org