After a judicial process of more than 6 years, the Superior Court of Justice of Cordoba rejected the action of amparo filed by the Portal de Belén association that objected the guide that regulates non-punishable abortions, confirming its constitutionality and providing its full force.
“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”.
Background
On March 30, 2012, and following the guidelines of the Supreme Court in the FAL ruling, the government of the province of Córdoba, through the Ministry of Health, approved Resolution 93/12 and the Guide to the care of non-punishable abortions. with the purpose of guaranteeing a fast and safe access to the practice of non-punishable abortions in the provincial public health services.
On April 12 of that year, the Asociación Civil Portal de Belén filed a collective action against the government of the Province of Córdoba. He requested that the ministerial resolution be declared inapplicable as unconstitutional and that the legal figure of non-punishable abortion contained in art. 86 of the Criminal Code. As a provisional measure, he also requested that the suspension of the application of the guide be ordered. The Civil Association for the Right to Decide (Catholics for the Right to Decide) appeared in the case as a third co-defendant in defense of women’s human rights.
The precautionary measure
On April 13, 2012, the first instance judge, Federico Ossola, partially granted the provisional measure requested by Portal de Belén ordering the suspension of the application of the guide, but only for the case provided for cases of violation. On October 3 of the same year, the Third Chamber of Appeals confirmed the precautionary measure.
However, because the application of the Guide was suspended, even in that only case, women and pregnant persons in Córdoba could not access any kind of non-punishable abortion in provincial hospitals, since the judicialization of the protocol generated misinformation in professionals of health and public opinion.
The background: the constitutionality of the resolution and the guide
On the other hand, in the argument for the unconstitutionality of the ministerial resolution (main file), in the judgment of August 24, 2012 Judge Ossola ruled in favor of the constitutionality of the resolution and the procedures provided by the guide, but he questioned the presentation of an affidavit of the rape victim to access the abortive practice without other collection. He argued that, being an exception, the sworn statement was insufficient to guarantee that punishable abortions are not committed. In May 2013, the Appeals Chamber held that the resolution and the guidance were unconstitutional for contradicting local public law.
In May 2014, the file was sent to the Superior Court, which had to decide on the constitutionality, conventionality and application of the ministerial resolution and the non-punishable abortion care guide. In 2016, on the second occasion that the Court arranged for it, FUNDEPS presented itself as amicus curiae together with other organizations supporting the defense of the sexual and reproductive rights of the women of Córdoba and contributing arguments of international human rights law.
Sentence
The Superior Court of Justice considered that there was no judicial case that allowed it to examine the constitutionality of Resolution No. 93/12, since Portal de Belén had only raised a “mere subjective discrepancy” with the provisions of the Criminal Code in the art. 86, which grants exceptional permission to abort without punitive consequences for women.
He considered that Portal de Belén wanted the State to ignore said article, based on “the only support of his personal opinion“, with the aspiration that “the Province does not recognize the authorization or permission recognized by the basic law to every woman victim of a violation (according to the interpretation made by the CSJN), which would imply establishing a prohibition-against legem-where criminal law does not institute it. “
The majority vote, dictated by Aida Tarditti, Domingo Sesin, Mercedes Blanc de Arabel and Silvana María Chiapero, gave rise to the cassation appeal promoted by the Province and revoked the judgment of the House that had declared the ministerial resolution unconstitutional. Consequently, it rejected the amparo action promoted by Portal de Belén, which sought what the Chamber had resolved at the time, a decision that has now been annulled, so that the resolution remains fully valid.
In summary, he concluded that there is no collective judicial case in the terms proposed by Portal de Belén for the following reasons:
1) The National Legislative Power is the only one with competence to sanction substantive norms with general reach and has already resolved the constitutional dilemma between fundamental legal rights at stake that involves any violation that leads to the victim’s pregnancy through art. 86, subsection 2, of the Criminal Code. The same can be said when the interruption of pregnancy is enabled if there is danger to the life or health of the woman (Article 86, paragraph 1, of the Penal Code).
2) It is not possible to address the analysis of the guide without first doing the same with regard to the Criminal Code that serves as support for the guide, which far exceeds the procedural margins of an amparo. But, also, because this would mean republishing what has already been resolved in the case “F., A. L.” by the Supreme Court.
3) It is not possible to collectivize, in block, non-transferable situations in their configuration and significance without affecting the personal rights of the victims of said unlawful act.
4) An indivisible collective good is not at stake, nor can one hypothesize about how each woman could react and decide about the possibility provided by article 86, paragraph 2. That is why there is no collective legitimacy with repercussions on a right of personal exercise for which the guide aims to establish a procedure to guarantee this exercise.
The implementation of the protocol: a debt with equality
In this context and after years of waiting, it is necessary to ensure the effective implementation of the provincial protocol. From FUNDEPS, we celebrate this judicial decision and the statements of the highest authority of the Ministry of Health of the Province.
More Information
Publication
Authors
Virginia Pedraza
Mayca Balaguer
Contact
Mayca Balaguer maycabalaguer@fundeps.org
Córdoba has a non-punishable abortion
“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”.
Background
On March 30, 2012, and following the guidelines of the Supreme Court in the FAL ruling, the government of the province of Córdoba, through the Ministry of Health, approved Resolution 93/12 and the Guide to the care of non-punishable abortions. with the purpose of guaranteeing a fast and safe access to the practice of non-punishable abortions in the provincial public health services.
On April 12 of that year, the Asociación Civil Portal de Belén filed a collective action against the government of the Province of Córdoba. He requested that the ministerial resolution be declared inapplicable as unconstitutional and that the legal figure of non-punishable abortion contained in art. 86 of the Criminal Code. As a provisional measure, he also requested that the suspension of the application of the guide be ordered. The Civil Association for the Right to Decide (Catholics for the Right to Decide) appeared in the case as a third co-defendant in defense of women’s human rights.
The precautionary measure
On April 13, 2012, the first instance judge, Federico Ossola, partially granted the provisional measure requested by Portal de Belén ordering the suspension of the application of the guide, but only for the case provided for cases of violation. On October 3 of the same year, the Third Chamber of Appeals confirmed the precautionary measure.
However, because the application of the Guide was suspended, even in that only case, women and pregnant persons in Córdoba could not access any kind of non-punishable abortion in provincial hospitals, since the judicialization of the protocol generated misinformation in professionals of health and public opinion.
The background: the constitutionality of the resolution and the guide
On the other hand, in the argument for the unconstitutionality of the ministerial resolution (main file), in the judgment of August 24, 2012 Judge Ossola ruled in favor of the constitutionality of the resolution and the procedures provided by the guide, but he questioned the presentation of an affidavit of the rape victim to access the abortive practice without other collection. He argued that, being an exception, the sworn statement was insufficient to guarantee that punishable abortions are not committed. In May 2013, the Appeals Chamber held that the resolution and the guidance were unconstitutional for contradicting local public law.
In May 2014, the file was sent to the Superior Court, which had to decide on the constitutionality, conventionality and application of the ministerial resolution and the non-punishable abortion care guide. In 2016, on the second occasion that the Court arranged for it, FUNDEPS presented itself as amicus curiae together with other organizations supporting the defense of the sexual and reproductive rights of the women of Córdoba and contributing arguments of international human rights law.
Sentence
The Superior Court of Justice considered that there was no judicial case that allowed it to examine the constitutionality of Resolution No. 93/12, since Portal de Belén had only raised a “mere subjective discrepancy” with the provisions of the Criminal Code in the art. 86, which grants exceptional permission to abort without punitive consequences for women.
He considered that Portal de Belén wanted the State to ignore said article, based on “the only support of his personal opinion“, with the aspiration that “the Province does not recognize the authorization or permission recognized by the basic law to every woman victim of a violation (according to the interpretation made by the CSJN), which would imply establishing a prohibition-against legem-where criminal law does not institute it. “
The majority vote, dictated by Aida Tarditti, Domingo Sesin, Mercedes Blanc de Arabel and Silvana María Chiapero, gave rise to the cassation appeal promoted by the Province and revoked the judgment of the House that had declared the ministerial resolution unconstitutional. Consequently, it rejected the amparo action promoted by Portal de Belén, which sought what the Chamber had resolved at the time, a decision that has now been annulled, so that the resolution remains fully valid.
In summary, he concluded that there is no collective judicial case in the terms proposed by Portal de Belén for the following reasons:
1) The National Legislative Power is the only one with competence to sanction substantive norms with general reach and has already resolved the constitutional dilemma between fundamental legal rights at stake that involves any violation that leads to the victim’s pregnancy through art. 86, subsection 2, of the Criminal Code. The same can be said when the interruption of pregnancy is enabled if there is danger to the life or health of the woman (Article 86, paragraph 1, of the Penal Code).
2) It is not possible to address the analysis of the guide without first doing the same with regard to the Criminal Code that serves as support for the guide, which far exceeds the procedural margins of an amparo. But, also, because this would mean republishing what has already been resolved in the case “F., A. L.” by the Supreme Court.
3) It is not possible to collectivize, in block, non-transferable situations in their configuration and significance without affecting the personal rights of the victims of said unlawful act.
4) An indivisible collective good is not at stake, nor can one hypothesize about how each woman could react and decide about the possibility provided by article 86, paragraph 2. That is why there is no collective legitimacy with repercussions on a right of personal exercise for which the guide aims to establish a procedure to guarantee this exercise.
The implementation of the protocol: a debt with equality
In this context and after years of waiting, it is necessary to ensure the effective implementation of the provincial protocol. From FUNDEPS, we celebrate this judicial decision and the statements of the highest authority of the Ministry of Health of the Province.
More Information
Publication
Authors
Virginia Pedraza
Mayca Balaguer
Contact
Mayca Balaguer maycabalaguer@fundeps.org
Córdoba has a non-punishable abortion
After a judicial process of more than 6 years, the Superior Court of Justice of Cordoba rejected the action of amparo filed by the Portal de Belén association that objected the guide that regulates non-punishable abortions, confirming its constitutionality and providing its full force.
What the G20 summit in Argentina left us
“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 G-20 leaders summit organized this year by Argentina as president “pro tempore” of the forum took place in a context marked mainly by the trade war between the United States and China; and the internal difficulties that a large part of the leaders of the countries that make up the group are facing. Among them, undoubtedly highlight the civil protests that check the government of Emmanuel Macron in France, the accusations against Saudi Crown Prince Mohammed Bin Salman for the death of a journalist; and even the economic crisis facing the national government in Argentina, to which were added also the internal and external doubts regarding the capacity of the government of Mauricio Macri to organize an event of the magnitude of the G-20.
In any case, once the summit was concluded, the organization of the summit was considered a success by the government, and a final document was even signed (although its commitments are very lukewarm) despite the few probabilities that existed of achieving a consensus among member countries. The Declaration of the G20 2018 leaders emphasizes equitable and sustainable development as a challenge that all States face. Among the issues mentioned in the Declaration are the pillars on which the summit worked on a priority basis this year, at the decision of the Argentine government itself, namely: the Future of Work, Infrastructure for Development, Food Security and a perspective gender mainstreaming that covered the entire G20 agenda. The Declaration also mentions in certain passages certain international commitments regarding Climate Change and the Paris Agreement (although the United States expressed in the Declaration its decision to withdraw from the Agreement); international financial institutions and the need to strengthen the IMF and the World Bank; gender equality and access to health, among others. Regarding Infrastructure, the Declaration states: “In order to address the persistent infrastructure financing gap, we reaffirm our commitment to attract private capital for investment in infrastructure. To achieve this, we endorsed the Roadmap to Infrastructure As an Asset Class “
Recall that the G20 is an international forum that is composed of 19 states and the European Union: Germany, Saudi Arabia, Argentina, Australia, Brazil, Canada, China, South Korea, the United States, France, India, Indonesia, Italy, Japan , Mexico, Russia, United Kingdom, South Africa and Turkey. Spain is a permanent guest. In addition, the country that chairs the forum elects other guests, and for this year Argentina invited Chile and the Netherlands.
The work areas of the G-20 are: finance, agriculture, anticorruption, trade and investment, development, digital economy, education, employment, health, climate sustainability and energy transitions.
Although the Summit in Buenos Aires did not produce resonant agreements at the multilateral level, the event was without doubt positive for the national government, which comes out strengthened by the organization without major inconveniences of the event; and above all, by the agenda of meetings and bilateral agreements with other nations that took place in the framework of the Summit. Thus, the government of Cambiemos managed several bilateral meetings and closed a series of investment and commercial agreements with the purpose of promoting the country’s economic development. Thus, of the 17 bilateral meetings that the government carried out and the more than 50 agreements signed, the following stand out:
30 commercial agreements between China and Argentina that represent around 5000 million dollars. The Joint Action Plan signed covers issues related to investments, infrastructure, railways, thermal energy, solar, wind, mining, health, transportation and education, among others. They include the commercial contract to reactivate the San Martín Cargas railroad, whose initial investment will be 1089 million dollars and will be in charge of the Chinese company CRCC (China Railway Construction Corporation Limited); and the signing of protocols for the entry of standing equines, sheep and goats from Patagonia to China and a sanitary protocol to export Argentine cherries.
In turn, with China, investment agreements were also signed for projects of Public-Private Partnerships (PPPs) in the area of energy and transport (routes); and it was agreed to expand the swap (exchange) of currencies in the amount of 60 billion yuan (equivalent to 8,600 million dollars) that will be used to strengthen the reserves of the Central Bank.
With the United States, the most relevant agreement was reached with the letters of intent signed with the investment agency of the United States, Overseas Private Investment Corporation (OPIC), which is expected to mobilize more than 3 billion dollars. Some of these letters of intent with the OPIC contemplate the financial backing for the PPP project of the C Corridor section (Buenos Aires-Mendoza); and projects on solar energy (the Ullum I, II and III projects); wind energy (North Chubut III and IV); wind energy (Cañadón León wind farm in Santa Cruz); and works for a gas pipeline in Vaca Muerta.
With France, a financing agreement for 360 million dollars was made to recover the capacity of maritime naval patrols, and agreements in the cultural and educational field.
With the European Investment Bank, it was agreed to finance expansion and improvement works in potable water services for the metropolitan area and the suburbs of Buenos Aires; and the consolidation of the Integral Management of Residues and Energy Valorization in Jujuy.
With the Russian Federation, a Fisheries and Aquaculture Agreement and a strategic document on the cooperation between Argentina and Russia in the field of the peaceful use of nuclear energy were signed.
Beyond the Summit
It is worth remembering that the Summit held in Buenos Aires was just the end of a much more extensive process that began at the end of November 2017 when Argentina assumed the “pro tempore” presidency of the G-20 at the end of November 2017 and culminated with the transfer of it to Japan. During the course of this year numerous meetings and events were held within the framework of the G20, as well as intense work in each of the affinity groups of the forum: Business 20 (B20, which encompasses the private sector); Civil 20 (C20, which includes civil society); Labor 20 (L20, which includes unions and workers); Science 20 (S20, which encompasses the scientific community) Think 20 (T20, which includes Think Tanks and the academic community); Women 20 (W20, which includes women) and Youth 20 (Y-20, which includes young people).
In the case of FUNDEPS, we actively participate in Civil 20, where we co-coordinate, together with Eurodad, one of the 8 working groups of the C20 for this year: the Investment and Infrastructure group. During the course of the year the group worked virtually and even met twice, both for the meeting of working groups and for the Summit of the C-20 held in Buenos Aires in April and August respectively. The result of the work of the working groups of the C20 was reflected in a document with policy recommendations, which was delivered to President Macri during the C20 Summit and constituted an input from civil society for the discussions that took place in the frame of the G-20.
More information
Declaración de Líderes del G20. Construyendo consenso para un desarrollo equitativo y sostenible
Página oficial del G-20
Página Oficial del C20
Policy Pack: Recomendaciones del C20 al G20 de 2018
Documento del sub-grupo sobre Financiamiento de Infraestructura
Documento del sub-grupo sobre Conducta Empresarial Responsable
La sociedad civil presenta recomendaciones al G20 en la Cumbre del Civil-20 – FUNDEPS – 15/08/2018
La sociedad civil se reunió en el C20 – FUNDEPS – 17/04/2018
G20 dejó acuerdos con intención de inversiones por u$s 8.000 millones – ámbito.com
Expectativa y realidad de los acuerdos económicos de Argentina en el G20 – Noticias
Authors
Macarena Mustafá – Sofía Brocanelli
Contact
Gonzalo Roza / Coordinador del Área de Gobernabilidad Global
gon.roza@fundeps.org
Frontal labeling of warnings: a necessary policy to protect the right to health
“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 our country, according to the National Survey of Risk Factors 2013 (ENFR 2013, Ministry of Health of the Nation), 57.9% of the adult population is overweight, 34.1% have high blood pressure and the daily average of portions of fruits or vegetables consumed is 1.9 per person. Added to this is the fact that salt consumption is twice as much and added sugar is three times the maximum recommended by the World Health Organization (WHO). This situation demonstrates the need to formulate public policies that tend to reduce the consumption of products with critical nutrients and to improve the dietary habits of the population in order to reduce overweight, obesity and other noncommunicable diseases.
In this sense, the World Health Organization has recognized a series of policies of proven effectiveness to prevent obesity, such as the restriction of advertising of unhealthy foods and beverages, a front labeling of food warnings, fiscal measures, among others. In addition, numerous human rights committees have recommended the implementation of food policies as a necessary element to protect the right to health of people.
Thus, in the concluding comments made in November of the current report to Argentina, the Committee on Economic, Social and Cultural Rights recommended “Taking effective measures to discourage the consumption of food and beverages harmful to health, including by increasing 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 products, and implementing restrictions on the advertising of foods and beverages harmful to health, particularly those intended for children”. In the same sense, the Pan-American Health Organization (PAHO) proposes frontal labeling as one of its lines of action for the prevention of them because it facilitates the selection of healthier foods and encourages the industry to reformulate its products with the goal of making them healthier.
In Argentina there is no system of front labeling of foods established by law that informs consumers about high contents of critical nutrients (sugars, fats and sodium) nor is it mandatory to declare sugars in packaged products. For this reason and in accordance with the recommendations described, the National Program of Healthy Eating and Prevention of Obesity worked to promote a debate and positioning of the National Commission of Healthy Eating and Prevention of Obesity, regarding the type of frontal labeling to recommend for the Argentina. In this framework, 16 participating institutions voted on what type of frontal labeling and which nutrient profile system to adopt: 9 proposed warning labeling, 2 suggested Nutri-Score, 1 proposed the combination of both (warning plus Nutri- Score), 1 institution recommended a system of its own, 2 suggested the GDA with colors of the traffic light and 1 institution proposed “anyone other than the GDA”. Regarding the nutrient profile, 9 institutions proposed a profile of PAHO or an adaptation of it.
The researches examined showed the ineffectiveness of the GDA (daily feeding guides) labeling – which reports recommended percentages of daily energy or nutrient intake per serving or product – since it is generally not understood by adults or by adults. children, it takes a lot of time and is confusing even with nutritional knowledge. Despite this, this system was recommended by the Coordinator of the Food Products Industries (COPAL), an institution that declared conflicts of interest to receive financing from the industry, and by the Ministry of Production and Labor (Secretary of the Government of Agribusiness and Secretary of Commerce).
On the other hand, numerous publications explain why the frontal labeling type traffic light and the summary systems (Nutri-Score and HSR) do not influence the purchasing behavior, which is why they would not be appropriate to help the consumer in the choice of products healthy The semaphore problems to achieve this purpose, are linked to the confusion that generates in the nutritional interpretation. It has been proven that there is a compensation effect between green and red colors when they occur in the same product at the same time and that reporting on unfavorable attributes has a greater effect on the purchase decision than reporting favorable attributes. Therefore, we compare the confusion generated by the traffic light front labeling with the confusion that would generate for a motorist, that the traffic light keep its red and green lights on at the same time.
On the other hand, Nutri-Score classifies foods and beverages according to five categories of nutritional quality and a score is established assigning the product a letter and a color. The most nutritionally favorable product obtains a green “A” score and the nutritionally less favorable product obtains a red “E” score. Research showed that although it was useful to classify how healthy foods are, it was not effective to improve purchasing behavior due to the complexity generated by the combination of 5 letters with a gradient of 5 colors ranging from red to green. In addition, a food may have a high sugar content, but if it has fiber, its assessment will not necessarily be red. In this way, the consumer does not know that the food has a high content of sugar, fat or sodium, information that was shown to influence the purchasing behavior. This type of front labeling was recommended by the Center for Studies on Food Policy and Economics (CEPEA) and Center for Studies on Child Nutrition (CESNI), both institutions that expressed conflicts of interest in receiving financing from the industry.
From FUNDEPS, we supported the recommendations made by 9 of the participating institutions, including the Health Ministry, who spoke in favor of the frontal warning labeling and the nutrient profile of OPS. Indeed, numerous studies have shown that this system is the most effective in identifying products with a high content of critical nutrients (sugars, saturated fats and sodium), provides better information for the consumer, in a shorter time and favors the selection of food. healthier. Likewise, this type of labeling is prioritized because it is the most understood by children and adolescents and people of lower educational level, which is central to contemplate the perspective of inequity in public policy and protect especially the groups in the most vulnerable situations. vulnerability, those who suffer the most from obesity, malnutrition and chronic diseases in general.
On the other hand, the Government Health Secretariat recommended that “the frontal labeling system be implemented in a mandatory and gradual manner. Progressive implementation could be useful to give both consumers and industries time to adapt to changes. It is also proposed to accompany the strategy of front labeling with communication and awareness campaigns so that the population understands the labeling and has more information on nutrition and healthy eating. In addition, it is recommended that front labeling be used as a tool to define other healthy eating and obesity prevention policies. Thus, all those foods and beverages with a critical nutrient in excess, as established by the frontal labeling system, are subject to marketing restrictions, are excluded or are included in small quantities in social plans with a food component and are not offered in establishments. schoolchildren or community kitchens. “
We consider that the technical recommendations of the Ministry of Health for the design of food labeling policies are adequate to protect the right to health of the population. In effect, the warning labeling supplies the necessary information on critical nutrients in excess, whose consumption is sought to be reduced. Thus, it protects consumers in order to make informed decisions, and contributes to the prevention of noncommunicable diseases related to inadequate nutrition. In this context of the growth of chronic noncommunicable diseases linked to an inadequate diet, it is urgent that the recommendations of the Ministry of Health become public policies that enable effective protection of health.
More information
Nutritional front labeling of food
Author
Slavenka Zec
Contact
Agustina Mozzoni, agustinamozzoni@fundeps.org
Report on the human rights situation in Argentina 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”.
We present a report on the human rights situation in Argentina 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”.
Each year, the Commission produces an annual report on the human rights situation in the region, reflecting the trends, challenges, advances and good practices that have occurred in the area of human rights in the OAS member states during the year.
For the Annual Report of 2018, the Commission will emphasize the following axes: Democratic Institutionalization, Institutionality in Human Rights, Access to Justice, Citizen Security and Right to the Environment.
Together with lawyers and lawyers from the Argentine Northwest on Human Rights and Social Studies (ANDHES) we present a report on these axes in the areas we work on:
Institutionality in human rights
1. Hierarchical reduction of National Ministries of Environment, Culture, Health, Labor and Modernization and Communication
2. National Budget 2019
3. Comprehensive Sexual Education Law in danger
Access to justice
1. Preoccupation with the draft bill on collective processes
2. Access to the right to abortion in Argentina – Delay of justice in the case of Portal de Belén (by non-punishable abortion protocol in the province of Córdoba)
3. Access to justice for the elderly
Citizen security
1. Institutional Violence in Tucumán
2. Absence of mechanisms to prevent torture in Tucumán
Right to the Environment
1. Affectations to the right to health caused by the use of agrochemicals
2. Concern over project to amend the seed law
3. Failure to comply with the consultation and free, prior and informed consent of provincial law No. 5,915 to the detriment of the environment and the right to life and territory of indigenous communities in Jujuy.
4. Chinchillas Mining Project and the Pozuelos Lagoon in Jujuy
5. The indigenous community of Solco Yampa and the indiscriminate felling of trees in the province of Tucumán
6. Murder of Javier Chocobar in Tucumán
The cases presented in this report give an account of a general situation of regression of the fulfillment of human rights by the Argentine State. The exposed situations of vulnerability are particularly worrisome because they are part of a regional socio-political crisis context. In order to avoid the impact of cuts, the noncompliance with international standards and the promotion of public policies that do not attack the roots of structural inequality impact fully on the populations that are already in a situation of vulnerability, we ask the IACHR to publicly express concern about the state of compliance with human rights in the country.
More information
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
We assume the coordination of the Free Alliance of Smoke of Argentina
“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”.
ALIAR is a coalition constituted by civil society organizations and referents in the field, which works to promote legislation on tobacco control throughout the Argentine territory. Its main objective is the protection of the health of the population against exposure to second-hand smoke, as well as the reduction and disincentive of their consumption.
This alliance has been working for ten years through a cooperative and interdisciplinary approach. “Among the fundamental achievements of ALIAR are the participation in the elaboration of the national law 26.867 of regulation of advertising, promotion and consumption of tobacco, as well as regulation No. 1203/07 of the provincial law of Tierra del Fuego, one of the greatest advances in matters of public health, when establishing the express prohibition of the exhibition of tobacco products in points of sale “, explains the lawyer Patricia Croci, who had an active participation in the process carried out in Tierra del Fuego. In addition, the coalition has focused in recent years on the generation of evidence for the adoption of effective policies, carrying out surveys in various cities of the country regarding compliance with the regulations on smoke-free environments (HLA) and publicity.
We need to continue working on the advancement of tobacco control policies. In this sense, networks such as ALIAR play a fundamental role by allowing the articulation of references from different parts of the country and the consolidation of work agendas and common objectives, which make it possible to enhance the impacts of our actions.
Author
Maga Merlo Vijarra
Contact
Agustina Mozzoni, agustinamozzoni@fundeps.org
Agrochemicals continue to affect the communities of Córdoba
“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”.
We participated in the “Agrochemicals, Health and Environment” Conference in Colonia Tirolesa
At the beginning of October, the “Agrochemicals, Health and Environment” conference was held in Colonia Tirolesa, a town located 27 km from the city of Córdoba, dedicated to agricultural activities, in particular to the production of potatoes, soybeans and corn.
The meeting was a good opportunity to continue learning from the communities that live near fields that are frequently sprayed with agrochemicals. During this meeting, members of the community had the opportunity to express their concerns and feelings about this problem, including the diseases that affect them.
In addition, members of the “Epidemiology Group of the Digna Science” of Córdoba and Buenos Aires, showed the results of the survey carried out through Socioenvironmental Health Surveys, carried out in May 2017 in the neighborhood of the Colonia Tirolesa station, in around 76 homes. The aim of the surveys is to contribute to the visibility of the health problems presented by populations exposed to socio-environmental risks and damages, thereby strengthening the fight against the hegemonic model of agricultural production.
One of the most striking results was that, in the last 20 years, the biggest causes of death in the neighborhood are malignant tumors (30%) and respiratory causes (22%), with cardiovascular diseases being the third (19 %), being that at the national level the latter is the main cause of death.
We participate in the meeting through the development of community capacities regarding their right to health and a healthy environment. María, Coordinator of the Environment area, was in charge of teaching these rights and the different ways in which members of the community are able to claim them.
An agronomist was also present at this multidisciplinary event. There, he explained to the community that there are alternative forms of production, which do not imply any damage to health or the environment. His talk focused on agroecological practices and how to apply those practices in the field.
It was a very mobilizing event, because although residents of Colonia Tirolesa knew that the excessive and uncontrolled use of agrochemicals could affect their health and environment, they had not taken real dimension of the problem, until they were shown the results of the health surveys. It was a good opportunity for them to take a real awareness of the dangers of being permanently exposed to these agricultural chemicals.
Visit to Falda del Carmen
In October, we also met with neighbors of Falda de Carmen, a small city near Córdoba Capital, which for some years has been demanding a municipal ordinance that creates an Environmental Conservation Zone to prohibit the use of agrochemicals in the fields to populated areas.
During the visit, they told us about their beginnings in this fight against rural entrepreneurs and agrochemicals, how they were organized in the Neighborhood Environmental Commission and the different actions taken to raise awareness and raise awareness in the commune about this problem that affects them.
From FUNDEPS we committed to help the community of Falda del Carmen in the development of advocacy strategies and to support their claims in order to strengthen their human rights to health and a healthy environment.
Contact
María Pérez Alsina, mariaperezalsina@fundeps.org
We present an annual report to INAM and we express concern about its inactivity
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The civil society organizations representing the Argentine provinces in the Ad Honorem Advisory Council of INAM on November 10 presented the situation reports. Likewise, we regret the inactivity of the Council during the year and the little interaction of the INAM with its members. Since last year, FUNDEPS has been part of the Ad Honorem Advisory Council of the INAM, a space for collaboration between the government and organizations committed to the struggle for equality. women. This Council, created under article 9 of the comprehensive protection law 26.485, is composed of organizations from all provinces and the Autonomous City of Buenos Aires and its main function is to advise and recommend courses of action to address the problem of gender violence. However, since the meeting held in October of last year, the Council organizations have not been able to establish an active communication with the INAM, nor has progress been made in the preparation of the operating regulations of the Council.
Even so, complying with the commitments assumed as advisors, from FUNDEPS we present the annual report of the situation of Córdoba in relation to the implementation of the National Action Plan for the Prevention, Assistance and Eradication of Violence against Women 2017-2019.
In this regard, it should be noted that our province does not adhere to the National Plan, which we warn as the main warning regarding the commitments assumed by the country in the fight against violence against women, through the signing of the Conventions of Human rights that address the problem, such as the Convention on the Elimination of All Forms of Discrimination against Women CEDAW (for its acronym in English) and the Inter-American Convention of Belem Do Pará.
Likewise, we made information requests to the corresponding provincial bodies, in order to respond to the information required by the INAM, orders that were not answered within the deadlines established by law. In this sense, we resort to the information gathered through our fieldwork, as well as the data available online in the official sites of the province.
The lack of access to information is another important warning that we warn, mainly given the seriousness of the problem in our province, which already has more than 11 femicides, until August, so far in 2018.
In the report presented, activities were reported in the areas of health, education, media, as well as access to justice and work.
The lamentable inactivity of the Council and the INAM
During the month of September, FUNDEPS along with other advisory organizations presented a request for information to the INAM to understand what the operating guidelines of the Consultative Council are, in order to be able to fulfill the assumed commitments.
During the inaugural meeting of the space, the advisory organizations and the officials of the INAM agreed that during the current year we would be prepared to elaborate the regulations for the purposes of the functioning of the organ. This regulation was never drafted, nor were the consultations and questions of the Councilors answered by INAM.
Also, as part of our work of constant monitoring of media, we have made a report of media violence by the statements of Nicolás Repetto, who in an interview with a young victim of public transport abuse questioned the type of clothing that was using at that time. For this reason, we initiated the corresponding claim process before the INAM, but we did not have a timely or adequate response to our complaint.
Fully recognizing the efforts of INAM to increase transparency and accountability on the implementation of the National Action Plan for the Prevention, Assistance and Eradication of Violence against Women 2017-2019, carried out within the framework of its commitment to open government, the Lack of interaction and response to civil society is contradictory.
It is also important to analyze the economic context of the country, mainly from the forecast of the funds for the fight for equality and against the violence carried out by INAM. As ELA points out, in its report on the 2019 budget, “INAM had achieved a total of $ 211.5 billion pesos for 2018, as a result of the budget reallocations achieved during the year. For 2019, a total of $ 234,394,881 will be awarded. Although this represents an 11% increase in nominal terms, taking into account the average inflation used by the Executive Power itself in the preparation of the budget (34.8%), this implies a fall of 18% in real terms in relation to to the previous year”.
In a context where the economic crisis and the consequent budget cuts impact especially on women, organizations that do not have a voice to express their opinions and complaints or find an answer in the authorities responsible for promoting gender equality policies in all spheres, worrying.
Without prejudice to the complex reality of INAM, the advisory organizations comply with our commitments, and we hope that next year we will be able to advance in the consolidation of real spaces for public participation, with the guarantee of being consulted and listened to when designing and implementing the public policies to fight against violence against women.-
More information
Contact
Virginia Pedraza, vir.pedraza@fundeps.org
Preliminary observations of the Special Rapporteur on the Law to food
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The rapporteur, in her preliminary observations, emphasized:
great impact on the right to food of the population. In this At the moment, Argentina must use the maximum of its resources available to ensure the full realization of rights humans.
More information:
Preliminary Observations Special Rapporteur on the right to food, Hilal Ever, on her mission to the Argentina 12-21 September 2018
Author
Andrea Melissa Hill
Contact:
Agustina Mozzoni, agustinamozzoni@fundeps.org
FUNDEPS and ARCOR met in conciliation hearing before consumer association
The campaign “Your fair share” contradicts the right of consumers to receive information and violates the right to health
In mid-September of this year, Arcor launched the campaign that states that “a healthy life is a balanced life in which giving yourself a taste and taking care of your health go hand in hand”. As part of that campaign, 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 what makes you good”.
FUNDEPS stated before ADCOIN that the campaign contradicts the guarantee of the consumers to receive adequate and truthful information contemplated in art. 4 of the Consumer Defense Law No. 24,240, in art. 1100 of the Civil and Commercial Code and in art. 42 of the National Constitution. In addition, it considers that the message that hides the advertising campaign is misleading, since it induces a false idea regarding the products. The choice of the word “fair” and the green color generate in the person who approaches the product an idea of ”health” very far from what really involves the consumption of ultra-processed foods such as those promoted by the campaign. In this way, it promotes and induces its consumption, exaggerating its virtues or suggesting some actually nonexistent. It is a case of false advertising, and more specifically, misleading advertising.
The representatives of Arcor affirmed in the hearing that the program “Your Fair Share” is respectful of the current legislation and that it was designed, precisely, to contribute to promote a healthy diet. They indicated that the creation of the “slogan” and the campaign had been consulted with experts in the field, “with the objective of helping the consumer limit the intake of optional consumer foods to a fair measure.”
However, both FUNDEPS and ADCOIN argued that although the campaign claims to be providing information to the consumer, the truth is that there is no recommended portion of consumption of these products. The World Health Organization (WHO) considers that ultra-processed foods “are the engine of the obesity epidemic in Latin America” and should be avoided. The Arcor campaign goes in the opposite direction.
Despite the lack of a specific regulatory framework regarding labeling, FUNDEPS insists that there is a violation of the right to receive true, accurate and detailed information. The campaign does not discourage the consumption of these products or mark the maximum limit, but promotes it. Given Arcor’s insistence on the campaign’s intention to generate a tool for consumers to identify a portion and thus recognize the maximum limit, FUNDEPS requested the marketing studies and the scientific foundations on which the campaign was designed, as well as the contacts of nutritionists and professionals who supported it, in order to better understand the scientific evidence mentioned by the company. For its part, Arcor requested to know better the arguments that found the position of the Foundation and of the organizations of the region that supported the claim.
Both parties decided to continue the dialogue in the extrajudicial conciliatory scope, for which a new hearing was scheduled for the first days of December.
Lack of regulation on labeling
The nutritional labeling that is shown in the food packages should provide the consumers with the necessary information that will allow them to know the amount of critical nutrients, such as sugar, grease or sodium that they are consuming. In this way, the Pan American Health Organization (PAHO) recommends implementing a front labeling, which applies to processed and ultra processed foods, including beverages, and that provides information directly, easily and quickly. In addition, you should warn about the high content of nutrients associated with health problems, such as sugar, fat and salt, according to a nutrient profile. The implementation of these warnings should include the restriction to the use of slogans, images and colors that may suggest characteristics that those products do not have. Likewise, these policies should be accompanied by campaigns aimed at promoting a more conscious purchase, using labeling.
It is evident that current legislation is 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 that requires that the actions of third parties not affect the effective enjoyment of this right. 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.
Children and teenager: main affected
The message contained in the products advertised by Arcor violates the rights of children and adolescents, because they are the main consumers of this type of food. The cartoons, the characters, the designs and the colors that illustrate the packages of these products are childish, with a clear intention to get their attention.
Because it is a vulnerable group, with fewer tools to decide what kind of food to choose for a balanced diet, FUNDEPS made a presentation to the Children’s and Adolescents’ Advocacy of the Province of Córdoba, requesting that the necessary means be found to respond to this campaign and to enable mechanisms for the dissemination of correct and scientific information on healthy eating.
The same proposal was made together with FIC Argentina before the Ombudsman’s Office of the Province of Buenos Aires, by Walter Martello. On that occasion, the organizations asked the defender to urge the national authorities to intimidate the company to withdraw from the communication channels, point of sale and market in general, the “Your Fair Share” campaign and to urge the Executive Branch and the National Legislature to strengthen the regulatory framework to prevent commercial actions such as this one from being carried out, which violate the right to health, food and information of consumers, especially children and adolescents.
Contacts
Agustina Mozzoni, agustinamozzoni@fundeps.org
Mayca Balaguer, maycabalaguer@fundeps.org
Business activity and women’s rights in the United Nations agenda
We participated in the call of the Working Group on the Gender Perspective in the United Nations Guiding Principles on Business and Human Rights, in order to comment from our experience on the relationship between business activities and women’s rights.
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The Working Group on the issue of human rights and transnational corporations and other companies, operating within the framework of the United Nations, made a call for civil society organizations to send their comments on the relevant issues regarding impact. of business activity in the human rights of women. For this, we elaborate comments from the point of view of our work agendas, to comment on the situation of health impacts, on the participation of women in companies, and on women and the media.
First, we address how women experience the impact of human rights abuses related to companies differently and disproportionate, exposing the cases of the tobacco industry and breast milk substitutes. Both industries, with their particularities, have aggressive marketing strategies. The tobacco industry especially targets young women in cigarette consumption through strategies such as flavored cigarettes or “light” or sponsorship of fashion events. On the side of the breast-milk substitution industry, they also operate with misleading marketing and labeling strategies on the characteristics of the products, as well as having great interference in public policies – in a situation of conflict of interest – discouraging breastfeeding. maternal and its replacement by the formula from an early age.
On the other hand, financing for development provided by international financial institutions to the private sector also has environmental, social, health, access to infrastructure and housing, and indigenous rights, which affect women in particular. The IFIs in general have difficulties and failures in the implementation of their policies, and particularly in the design and application of gender policies. We emphasize then that policies in general, and particularly those on gender, should be strengthened so that they establish clear guidelines for clients (especially companies and other private entities) to apply differentiated impact assessments, and also strengthen accountability mechanisms to give effective remedies when there are negative impacts.