Tag Archive for: Access to Justice

The amicus curiae presentation made by CELS in a federal public interest case was rejected by the lower court and by the Appeals Chamber. His request to be considered a friend of the court reached the Supreme Court, so we request that the case be opened to amicus.

“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 September 10, we presented a request to the Supreme Court of Justice of the Nation to open the call for amicus curiae in the case “Argentine Chamber of Medicinal Specialties and another against the National State Ministry of Industry of the Nation and others s / Nullity administrative act ”. In said process, where the controversy concerns the regulation of the conditions for the patentability of chemical-pharmaceutical inventions, the Center for Legal and Social Studies (CELS) requested participation as “amicus curiae”. This in the understanding that there is an intimate relationship between the right to health, and access to medicines under conditions of equality, and the criteria for patentability. However, this request was denied both in the first instance and in the Federal Civil and Commercial Chamber.

The rejection was based on the absence of regulation of the procedural figure in lower instances than the Supreme Court and the lack of expertise of the CELS on the merits of the case. However, the jurisprudential antecedents show that this is not an impediment to admit the participation of the friends of the court. On the other hand, the reason why CELS requests participation in the cause lies in the public interest and the fundamental rights committed, a subject in which it has a recognized track record.

In our request we state that the intervention of the amicus curiae can contribute to an improvement in the jurisdictional activity of matters of public interest and to a democratization of the judicial debate. The denial of CELS as amicus curiae in all procedural instances obstructs the possibility of reaching a more democratic and transparent decision.

The decision made by the Court in this instance may mark a jurisprudential guide for similar cases. That is why this presentation constitutes a good opportunity for you to establish a broad criterion for the admission of this figure and for citizen participation in judicial debates of public interest to begin to be the rule and stop being the exception.

Author

Barbara Juarez

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

The world is going through extraordinary circumstances. The need to adopt urgent measures such as social isolation have changed our daily lives and put public health and security in tension. However, the policies implemented cannot forget the rights of citizens.

“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 situation of public knowledge of the progress of COVID-19 has necessitated the adoption of urgent measures whose objective is the protection of public health. The isolation and social distancing measures are supported by the scientific evidence that is beginning to be collected about the outbreaks of contagion of the pandemic. The World Health Organization recommends these measures and its representatives have recognized the Argentine government for its decisions that can limit the spread of this disease early on. As in other public health issues in which we have worked for years, Fundeps emphatically supports public policies based on scientific evidence and in line with the recommendations of specialized bodies in the field.

In this context of health emergency, it is essential to become aware of the importance of respecting quarantine in order to protect public health and guarantee the functioning of the Argentine health system. Failure to comply with the isolation measures, and the consequent risk for the population that this causes, allows the State to take sanctioning measures against those who violate it. However, it is also important to point out that, in the face of the initiation of a sanctioning process against a person who violates isolation, it is necessary that the acting security forces strictly comply with the legal procedure established for such a case, and respect all rights and the constitutional guarantees that, even in this state of emergency, remain in full force.

Those exceptions in which a person is allowed to circulate, undoubtedly should not be used by citizens as a pretext to violate preventive and compulsory social isolation. However, in the event of a permitted movement (For example: food supply), whoever is questioned by the security forces, must have the possibility of providing information to said personnel in order to make known the reasons for their movement. , that is to say, to exercise your release. A coercive measure by the police, should only find support in the existence of “enough reasons” (objective circumstances noted by the police officer at the time of the control) that allow us to assume that the person is actually violating the quarantine and that is not enabled to circulate (eg health professionals), but allowing before, worth the redundancy, to discharge it.

On the contrary, an arrest that does not take into account the reasons given by the person who circulates or even offers the possibility of giving them, will not only violate those constitutional guarantees that restrict the adoption of this type of measures (existence of enough reasons to proceed with the arrest and right of defense), but it will also make the exceptions contemplated by the DNU illusory Thus, any person who circulates on public roads should be detained and only after going through the entire procedure, could provide the reasons for their circulation to the competent judicial official. If so, this could cause an overflow in the places destined to house detainees, with the consequent overload of the minimum judicial system that is currently dealing with such cases.

Beyond the aforementioned, in cases in which security forces personnel detect a violation of quarantine and detain the person in question, the procedure must respect the dignity of the person without incurring degrading treatment, and using the force only when necessary. Furthermore, the procedural rules in force in each jurisdiction must be complied with, that is, immediately notify the competent judicial body, seeking the effective right of legal assistance and defense.

Finally, the application of inspection tasks should not be oriented and systematically directed to the “control” of those sectors in vulnerable situations. The guarantee of non-discrimination should not be ignored when supervising quarantine compliance, directing controls only to a certain population sector, but its scope should be general.

The existence of a state of sanitary emergency requires the responsibility of all citizens in complying with the quarantine measure. Failure to comply with such a measure undoubtedly demands a sanction to guarantee the health of the entire Argentine population, but must not lead to excesses, arbitrariness and abuse of authority by the security forces, seeking a quarantine with full validity of our rights.

From society, we must avoid acting by underestimating the number of cases existing today, which may seem few or with numbers that are not alarming enough: the behavior of the pandemic has already shown exponential growth in other countries. This is why it is necessary to think about the possible contagions of tomorrow, and especially the impacts on the health of those people belonging to the risk group and / or in a vulnerable situation.

Since the appearance of COVID-19, the need to review from the State and from all of society, the way of linking ourselves, both individually and daily and globally, has become evident. It is necessary that we collectively manage to take advantage of these circumstances to build ties, ways of relating that include citizenship, mutual respect and towards our environment, as starting points. Public health will be better protected with an active citizenry, responsible for the fulfillment of its obligations and capable of exercising its rights.

For more information, it is recommended to go to the official information channels by clicking here

Firm: Fundeps´s team

We request the participation in the character of friend of the court (amicus curiae) in the case that must be resolved on the environmental problem that affects the neighbors of the production plant of the company “Porta Hnos.”

“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 submit a request to federal court No. 3 by Judge Miguel Vaca Narvaja, admission and participation as amicus curiae (friend of the court) in the cars “CRUZ, SILVIA MARCELA AND OTHER C / MINISTRY OF ENERGY AND MINING OF THE NATION S / ENVIRONMENTAL AMPARO (FCB 021076/2016)”, which are processed before said court, on the occasion of the environmental protection initiated by the neighbors of the Porta Hnos plant, against the polluting activity present there.

Continuing with the commitment around the problem that afflicts the neighbors of that of the Porta plant, on this occasion, through the Amicus Curiae Institute, we intend to provide the intervening Court with foundations of fact and law that we consider relevant for the purposes of an adequate weighting in relation to the interests at stake and a resolution of the problem respectful of the fundamental rights affected.

It should be remembered that the conflict to be resolved in the federal justice of this province, involves more than 25 neighbors of B ° San Antonio and members of the Citizen Assembly “UNITED NEIGHBORS IN DEFENSE OF A HEALTHY ENVIRONMENT – VUDAS” who initiated an action Amparo Ambiental group against the Ministry of Energy and Mining of the Nation (Secretariat of Hydrocarbons Resources) requesting the closure and final closure of the bioethanol plant of PORTA HNOS. S.A since the operation of this irreparably affects the health of the neighbors and the environment.

We consider participation in this case to be of fundamental importance since in the underlying conflict, fundamental human rights such as life, health and the environment are compromised. For this reason, the resolution must consider such extremes and, in this case, provide a judicial response that may mean an important judicial precedent in environmental matters.

Author

Ananda Lavayen

Contact

Juan Bautista Lopez, juanbautistalopez@fundeps.org

Given the facts of public knowledge related to the report of the Environmental Police Directorate of the province of Córdoba regarding the malfunction of the Edar Bajo Grande plant, we insist on the claim presented in May of this year, by Fundeps with Las Omas and neighbors of the neighborhoods Chacras de la Merced, Villa La Merced, Ciudad Mi Esperanza and Parque 9 de Julio against the mayor Ramón Mestre, requesting a hearing this time in order to seek alternatives to solve the problem.

“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 May of the current year, we presented together with neighbors from different neighborhoods immersed in the problem of Chacras de la Merced, an administrative complaint. In this, we demanded that the Municipality of Córdoba Municipality comply with the mitigation plan prepared by the municipality itself to temper and correct the problems that afflict said area of ​​our city due to environmental degradation mainly from the Purification Station of Wastewater of Bajo Grande (hereinafter Edar).

Due to the lack of responses by the Intendancy, and to the facts of public knowledge about a report by the Environmental Police Directorate of the Province that again highlights the malfunction of the Edar plant, and the consequent contamination environmental that this causes, is that we insist on that claim. In turn, considering the next change of government and the urgency required to address the problem, we request a hearing from the Administration in order to bring perspectives, evidence and alternatives to address the problem tending to achieve respect for rights. fundamental humans who are currently affected.

Likewise, in the insistence claim we once again realized the serious situation that affects Chacras de la Merced, mainly related to health conditions in the communities and socio-environmental conditions that make it difficult to develop their life plan. Situation that is recognized by the Municipality of Córdoba at least since 2014 when it declared for the first time the environmental and sanitary emergency of the EDAR plant and the areas located downstream, status that remains to this day. In the same way, we reiterate the request to make public the information about the tasks carried out by the Municipality in relation to the Mitigation Plan, which has not been provided before repeated requests for access to public information submitted by Fundeps.

The systematic and continuous aggravation of the living conditions of the population of Chacras de la Merced linked to environmental degradation caused by the Edar, and the inaction of the Municipality, who, with its omission, consolidates day-to-day human rights involvement, is that again we demand a definitive solution to the problem of those who suffer from forgetting and environmental discrimination in the city of Córdoba.

On the other hand, and in relation to the problem, we submit a request for access to public information before the Environmental Police Directorate in order to request the Report made by said agency in which it reports Edar’s malfunction. Said report was presented to the Municipality of Córdoba as it transcended, but was not publicized, even before the relevance and public interest that it has while the samples collected by the Environmental Police of the liquids that enter and are discharged without treatment to the River are analyzed. Drought and that, as it transpired, show the serious environmental damage caused by Edar.

More information

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

With FIC Argentina, we presented an amicus before the Constitutional Court of Colombia within the process of guardianship established by the Colombian Corporation of Fathers and Mothers (Red Papaz) against the Superintendence of Industry and Commerce (SIC) and the National Institute of Drug Surveillance and Food (INVIMA), bringing legal arguments in defense of the right to health and balanced nutrition of children and adolescents (NNA).

“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 January 21, Red Papaz requested the Constitutional Court of Colombia to review the decisions issued against it, in the framework of the actions filed against the SIC and INVIMA to review the accuracy of the advertising of HIT drinks of Postobon and Fruper of Alpina, considering that the procedures related to the protection of children and adolescents are not being prioritized.

The reported commercials contain deceptive and risky messages. Fruper of Alpina in its advertising highlights that the drink is ideal for children, with vitamins and minerals that contribute to their health and growth. Message contrary to reality, since, as researched by Red Papaz, it contains approximately ten times the level of sugar recommended by the Pan American Health Organization (PAHO). On the other hand, Hit of Postobón, emphasizes that its product comes from fruits, reason why to consume them is advisable for the health of the NNA. When in truth, it has a very small amount of fruit, for which reason, it is not possible to affirm that they are recommendable or ideal for children, or that they can be called as juices.

The deceptive advertising of unhealthy food products addressed to NNA that Red Papaz denounces, promotes the “obesogenic environment”, that is, an environment that promotes obesity in populations and responds to the role played by environmental factors (physical, economic, legislative and sociocultural) both in nutrition and in physical activity. The influence of the environment on food and physical activity is essential. Practices, knowledge and beliefs and socio-economic and geographical differences affect habits.

Hence, we made a presentation approaching the court grounds that seek to prove that the absence of complete, clear and accurate responses by the SIC and INVIMA, in the face of the denouncement of misleading advertising, mean a violation of human rights obligations to health, information and a balanced diet, especially of children and adolescents. While the Colombian state fails to comply with the recommendations of monitoring bodies of the Human Rights Treaties, ratified by the latter, on how to deal with the epidemic of obesity and chronic noncommunicable diseases (NCDs). At the same time they weaken the possibilities of responding to a global epidemic of malnutrition and obesity.

Finally, scientific evidence was presented regarding the positive impacts of this type of policies that promote the restriction of advertising and marketing of unhealthy foods, among a set of policies that, when implemented correctly, are effective in generating healthy environments and preventing development of obesity and malnutrition.

We made the presentation convinced and convinced that a favorable resolution in this regard, attentive to the great impact both globally and regionally that these judicial processes have, would generate a valuable jurisdictional precedent on the important theme of healthy eating.

Author

Laura Alesso

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

We launched a participatory website where environmental conflicts related to the use of agrochemicals in the province of Córdoba are made known, as well as providing legal tools and the possibility of making visible the existence of other conflicts of said nature.

“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 website is structured based on three objectives. The first of them aimed at the visibility of socio-environmental conflicts related to the use of agrochemicals in the province of Córdoba. Second, it seeks to provide information and legal resources as necessary tools for the empowerment of communities and for the protection of their rights to health and a healthy environment. Third, it seeks to reinforce the visibility of conflicts through a collaborative platform in which new conflicts can be incorporated, thus expanding the content.

For such purposes, a conflict mapping was prepared based on an analysis of information compiled since 2008, mainly from newspaper articles and online publications related to 18 communities affected by the application of agrochemicals.

The examination of the data revealed relevant characteristics regarding the problem. In this way, it was observed that the vast majority of these conflicts arise from illegal or irregular fumigation, residues of agrochemicals deposited in prohibited places (uncultivated land and fields), fumigating machines that transit through urban centers, damage to biodiversity by the application of chemical products and as a consequence of all the irregularities mentioned, the serious problems in the health of the members of the fumigated communities.

Likewise, the survey revealed similar concerns and demands on the part of the communities regarding the application of agrochemicals. Thus, as a common denominator, these require: ordinances that establish Environmental Reserved Areas with respect to urban areas; the completion of the provincial law that regulates the requirements and minimum distances of application, the carrying out of health studies, among other claims. Other populations, as is the case of the town of Dique Chico, tend to an alternative to “agroecological reconversion” guiding the production from a sustainable and healthy perspective.

The survey work carried out demonstrates the “agrochemical emergency” that exists in numerous localities in the province of Córdoba. The use of agrochemicals without adequate control by the authorities, the non-compliance with current regulations regarding application distances, which also become ineffective for the protection of populations, are factors that not only affect the environment but also constitute a serious public health problem.

In this sense, the statistics show alarming data regarding the existence of certain diseases. For example, from the year 2017 onward, more than half of the deaths in the town of Canals, had their origin in a carcinogenic disease; or the case of the Monte Maíz locality in which the cases of deaths due to cancer exceed three times the average, in addition to being observed in all the localities surveyed numerous cases of malformations, respiratory diseases, spontaneous abortions and other infrequent diseases such as lupus, rematoidea arthritis, among others. These data shed light on the urgent attention that the problem deserves on the part of those who have the responsibility of adapting the controls in the application and to formulate a law respectful of the environment and health, paying attention above all to the needs of those populations most affected.

Access to the site Emergencia Agroquímica 

Authors

Ananda Lavayén

María Laura Carrizo

Contact

Juan Bautista López, juanbautistalopez@fundeps.org

Along with the Omas and neighbors of the Chacras de la Merced neighborhoods, Villa La Merced, Ciudad Mi Esperanza and Parque 9 de Julio, we filed a complaint against the mayor Ramón Mestre in which we denounced the non-compliance with the mitigation plan for the Bajo WWTP Large and the neighborhoods located downstream and we demand their effective execution.

“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 communities of Chacras de la Merced, Villa La Merced, Ciudad Mi Esperanza and Parque 9 de Julio, live a few meters away from the sewage treatment plant in the city of Córdoba on the banks of the Suquía river, and have been living with pollution for years. of water, air and soil due to the poor functioning of the Bajo Grande plant.

Derived from this contamination, neighbors must face every day an infinity of problems, the most serious being those related to health (skin, respiratory and gastrointestinal diseases). Similarly, the environment vitiated by the smell of cloacal water overturned raw, makes life more difficult in that place.

The contamination problem of the Suquía river as a direct consequence of the excess of sewage liquids, by virtue of the dumping with minimal treatments or without treatments, carried out by the Bajo Grande WWTP is public knowledge. Even recognized by the Municipality of Córdoba at least since 2014 when it declares for the first time the environmental and sanitary emergency of the EDAR plant and of the areas located downstream. The measure was extended every year being the last extension in the past month of November.

Within the framework of this emergency, the Intendant implemented a Mitigation Plan by virtue of which a number of actions are entrusted to different areas of the Municipality of Córdoba to mitigate the effects of the pollution produced by the plant on the population, particularly in the Suquía and surrounding areas.

The departments included are the Secretariat of Government, Citizen Participation and Social Development, the General Secretariat, the Public Services Secretariat, the Ministry of Health and the Secretariat of Planning and Infrastructure.

Regarding the mitigation measures contemplated in the plan, these are: a) Update of the socioeconomic survey of the affected population downstream of the plant; b) Update of the survey of the health status of the population; c) Distribution of safe drinking water for different uses in areas where provision by network is not possible; d) Preventive sanitary cord; e) Management of the effluents of the E.D.A.R. Under Large; e) Resource monitoring plan and f) Awareness campaign.

Last year, we presented together with Alida Weht, neighbor of the Chacras de las Merced district and member of the Las Omas Civil Association, requests for information addressed to these Secretariats, so that they could inform us about the status of the Mitigation Plan, without receiving answer. Therefore, this year we insist on the orders, as it is public information to which every citizen has the right to access and the Municipal State has the obligation to make known, not only because the actions committed by the municipality have an impact on the health and quality of life of the people living in the neighborhoods surrounding the plant, but of all the people of Cordoba as the Suquía river – at least at one time – one of the sources of most important drinking water in the entire province.

The only distribution that responded was the Ministry of Health and it did so deficiently and with information that does not fit with the reality that exists in the community of Chacras de la Merced.

Motivated by this, and the lack of execution of the successive mitigation plans, is that together with the Omas andneighbors of the neighborhoods located downstream of the plant, we initiated a claim against the Municipality of Córdoba denouncing each of these breaches and demanding their adequate and effective execution.

With respect to the health needs of the area, the deficient infrastructure of the neighborhood Health Center is denounced, which lacks adequate facilities for patient care; It has only two rooms, the spaces are very small, there is no heating, there is only one doctor who can not supply it and he attends only in the morning, sometimes there are not enough medicines to deal with tracer diseases in the area, particularly dermatitis, which leads to the people of the neighborhoods tending to naturalize their ailments due to the deficient medical attention provided by the municipality.

Another of the mitigation measures whose compliance is required is the “Awareness Campaign” under the responsibility of the Ministry of Health – DAPS and the Directorate of Sanitary and Gas Networks. The actions included are: a) Continue actions in favor of improving the communication of environmental risks, b) Continue with informative and educational talks to the school population of the sector and c) Installation of informative posters on the risk of use and consumption of the river water. None of these actions has been carried out, there is widespread misinformation in the sector about the real risks of contamination of the Suquía River. In addition, all along the path of Chacra de la Merced there is a single sign in the area warning that it is forbidden to bathe in the river. In any case, such ignorance is that children continue to bathe in certain sectors of the Suquía and in the lagoons, putting their health and their lives at risk.

In addition, it is reported that there are sectors of the Chacras de la Merced neighborhood where there is no potable water network. Neighbors and neighbors are forced to connect in an irregular manner to the only network that is exclusive to the Bajo Grande WWTP plant, which is also not safe water. Taking into account the health and environmental crisis declared in the area by the pollution of the Suquía River, it is inadmissible that the population lacks safe drinking water.

In short none of the mitigation measures is or has been adequately met by the municipality, which leads to the emergency being extended every 180 days, becoming a formal declaration without being able to give the affected communities a structural solution and definitive to the environmental and health problems that have been going on for years.

The area where these communities are located 40 years ago was part of the “greenbelt” of the city of Córdoba, from there came the fruits and vegetables that supplied the markets, jobs now prohibited by the high levels of contamination of the Suquía River. The neglect of the State transformed this area into a marginal community, with multiple sources of contamination (quarries, tanneries, garbage), which every day struggles to survive and to fight for its human rights to health, a healthy environment and life , all this despite the indifference of the municipal authorities.

The expansion works of the EDAR plant and the refunctioning of the current one, do not matter the improvement of the quality of life of the people who live downstream of the plant. Nor do they result in the termination of the environmental and sanitary state of emergency in the area, while the mitigation actions have not been carried out by the Municipality of Córdoba, which is why we demand that the Mayor take the corresponding measures so that execute the Mitigation Plan prepared for the Bajo Grande plant and the zones located downstream.

The municipality has a pending debt with the population of this sector of the city, and therefore we demand a definitive solution to the contamination of the Suquía River and especially for the guarantee of the rights of those who have been affected.

The Justice of Entre Ríos annulled a decree of the governor that authorized the fumigations to one hundred meters of the rural schools. Macri questioned the ruling.

“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 province of Entre Ríos has been going through a serious socio-environmental crisis for some time as a result of the agro-industrial model adopted at the beginning of the century, which in the aftermath of a false development attacks the health and quality of life of various communities. The big affected of this false progress are the agricultural communities, who saw their living conditions modified, many expelled to the big cities, and others survive immersed in fields full of soybeans and agrochemicals. These, the direct victims of the system, breathe, drink, eat, walk, study, replete with chemicals. Among them, boys and girls are the most affected because their health is more vulnerable and because they are in full development. In Entre Ríos, as in other provinces of the country, as in ours, Córdoba, rural schools are fumigated.
Remember that as the transgenic crop increases, the use of agrochemicals is greater, as it implies the use of millions of liters of these products. According to the Rosario Stock Exchange, the harvest estimate for April this year is 56 million tons, 60 percent more than in the previous season when 35 million tons were harvested. In this context, the excessive use and poor handling of these substances is daily. In addition, in legislative matters there is a regulatory diversity difficult to reconcile with respect to the distances of environmental protection areas and an immensity of application criteria and recommendations made by sectors with economic interests. Thus, and in the face of absolute inaction on the part of the State, the health of thousands of children is in grave danger.
Rural schools: first sentence in favor of health
In this context and through the hard work and commitment adopted by civil society and social organizations, immersed in a struggle that took years, in 2018, the Ecological Forum of Paraná, a civil association dedicated to the care of the environment and health, and the Association of Teachers of Entre Ríos, promoted an action of amparo against the province of Entre Ríos, so that immediately the State is urged to take the necessary measures to protect children and adolescents, teachers , teachers and non-teaching staff who attend rural schools in the province, the negative impacts that agrobiotechnology generates on soil, air and surface and underground water, and as a consequence on health.

The justice was issued in this regard by means of a judgment dated October 1, 2018, which prohibits land fumigation with agrochemicals around educational establishments within a radius of 1000 meters, and aerial spraying within a radius of 3000 meters.

The judge enforces the precautionary principle, which states that “when there is a danger of serious or irreversible damage, the lack of absolute scientific certainty will not be used as a justification to postpone the adoption of cost-effective measures to avoid environmental degradation” . In addition, the Provincial Government is condemned to the implementation of plant barriers, to carry out in a sustained manner over time the studies that allow the delineation of objective guidelines regarding the rational use of chemicals and agrochemicals, with the accent precisely on the prevention of damage. This ruling was confirmed by the Superior Court of Justice of the province.

The questioned decree and the second sentence

Last January, Governor Gustavo Bordet, trying to stop the situation and solve the problem of “legal vacuum”, obeying the demands of the agricultural sector, dictates the Decree No. 4407/18 by virtue of which the application is prohibited terrestrial product in a radius of 100 meters around rural schools and in an area of 500 meters for aerial applications.

In view of these circumstances, at the beginning of March, the case entitled “Foro Ecologista de Paraná and another C / Superior Government of the province of Entre Ríos” began, aimed at the declaration of nullity and revocation of the decree in question. The provincial justice dictated sentence on March 28, referring to the effects of the sentence issued in October, while the judge considers that having solved an environmental issue linked to the health of a specific human group, has erga omnes effects, the judge establishes that “until it is determined by the specific state areas that identical preventive effects will be obtained for the health of the students and personnel that attend them with different distances, it is forbidden both to the administrator (Government) and to this judge to evaluate if it is possible to more or less comply with the indicated prevention”. It requires the environmental report required in the first sentence, which must ensure that the practice questioned is innocuous at a certain distance from the schools. He then points out that “The violation of res judicata by a norm determines its nullity due to its unconstitutionality”. For this reason, it annuls articles 1 and 2 of Decree No. 4407/18 for violating the rights protected by res judicata.

Finally, the magistrate reflects that “in the end it happens that we are in the presence – as in so many industrial activities – of a restriction, which must be charged by certain individuals that is based on the interest of health – in this case of the students and staff of rural schools-, and in the care of the environment; but its origins must be sought in productive practices that at some time – or perhaps always – ceased to have full social consensus.”

This ruling was also appealed by the government of Entre Ríos to the Superior Court of Justice of the province, who must decide deciding whether or not the decree is in conflict.

Controversial statements by the President

Mauricio Macri in a visit to Gualeguaychú at the beginning of April, dedicated a moment of his conference to refer to the conflict. With his sayings he interfered in a conflict that is settled in the Judicial Power expressly violating the independence of powers-the essence of any republican system of government.

Macri defended the use of agrochemicals without control, saying that the failure puts at risk 20% of the agroindustrial capacity of the province, without taking into account the public health problem facing the province, and all productive areas of the country .. In line with the above, said that it is “an absurd law that is not based on any scientific rigor”, with respect to the judicial decision, the second in a few months, dictated by the justice of Entre Ríos. That the current government promotes this extractive production model was made clear with the Final Report of the Interministerial Working Group on Good Practices in Phytosanitary Applications, presented last year by the agribusiness and environment portfolios.

The sayings of Macri aroused all kinds of criticism and comments, mainly because it ignores the impact of health that the indiscriminate use of agrochemicals produces in people. Also, he is criticized that he, as the main representative of the State, has the duty to protect the health of the children and adolescents who attend these or other educational establishments.

Boys and girls from rural areas are threatened mainly in those places where they should be safe: homes, schools, communities. The protection of the Higher Interest of the Child is a principle and a commitment adopted through the signing of the Convention on the Rights of the Child, with a constitutional hierarchy. From this, it is the responsibility of the State to take measures tending to ensure the development of children in a friendly environment.

For Macri there is no “scientific rigor” that justifies limiting the fumigations, ignoring not only the precautionary principle but the various judgments that are carried out today. In the United States alone, Monsanto has already been convicted in two trials for being responsible for the cancer risks of the Roundup herbicide based on the controversial drug glyphosate.

In our country, there are already records. We have, for example, the trial of the Madres del Barrio Ituzaingó Anexo in Córdoba, in which the producer and the fumigator were criminally sentenced. In Entre Ríos, in 2018 it was also possible to condemn the producer, the president of the aviation company and the pilot to one year and six months of suspended prison for being responsible for contamination of the fumigation that caused damages to personnel and students of School No. 44, near Santa Anita.

However, public policies do not yet respond to this problem. The qualification of SENASA regarding the dangerousness of agrochemicals is insufficient. Glyphosate for example, herbicide that is thrown millions of liters in our fields, in Argentina is classified as CLASS III, blue band (little dangerous), while in 2015 the World Health Organization (WHO) warned about the linkage of glyphosate herbicide (the most widely used in the world) and cancer, cataloging glyphosate as “probably carcinogenic”.

The State is unaware of the battle that is being waged throughout the world to protect the right of children and adolescents and of future generations to enjoy a healthy environment. Enabling the violation of the right of these children to live in an environment that allows their development goes against their responsibilities. The State can not be passive, much less condescending, while daily fumigations occur that irreversibly damage the present and future of that generation.

Author

Maria Laura Carrizo Morales

Contact

Maria Perez Alsina, mariaperezalsina@fundeps.org

The Inter-American Commission on Human Rights (IACHR) presented its Annual Report 2018 at the end of last month, in which it reports the work carried out throughout the year. This report constitutes the main instrument of accountability of the IACHR, as well as monitoring the human rights situation in the region and following up on its recommendations.

“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”.

Chapter IV consists of a descriptive panorama on the situation of human rights in the member countries, with a special emphasis on the rights and issues prioritized by the IACHR, as well as on transversal axes of Democratic Institutionality, Institutionality in Human Rights, Access to Justice and Citizen Security; and Right to the Environment.

Together with lawyers from the Argentine Northwest on Human Rights and Social Studies (ANDHES), we presented a shadow report on these axes in December of the last year in the subjects we work on.

In the report for Argentina, the Commission took the matters reported in the shadow report. In the general considerations, it paid particular attention to the concern shown regarding the bill on collective processes; the situation of the right to protest; mobilizations regarding the debate regarding access to women’s sexual and reproductive rights, as well as possible reforms that would restrict the scope of the sex education law. Reference is also made to the clashes between public authorities and indigenous communities; the economic and financial situation in general and its possible impact on human rights, and in particular. Special considerations were made about the situation of poverty that affects children; the appointment of a child advocate that is still pending; expulsions of migrants; and the conditions of detention that prevail in police stations.

In turn, regarding issues related to human rights institutions, the IACHR highlighted our concern about the lack of nomination of a titular person in the Office of the Ombudsman of the Nation, a position that remains vacant since 2009. He also collected our concern about the economic and financial situation of the country and its effects on institutions regarding the allocation of resources and the functioning of the various State entities responsible for the protection of human rights.

Regarding access to justice, the Commission took note of the concern we expressed regarding the Collective Processes Bill prepared by the Ministry of Justice and Human Rights of the Nation, which, if successful, could seriously limit the use and effectiveness of collective actions, by restricting the possibility of suing the State and companies in defense of collective rights.

Regarding the situation of women’s rights, the IACHR welcomed the approval of the protocol for the investigation and litigation of femicides in Argentina, celebrated the approval and entry into force of Law No. 27,452 “Brisa Law” that grants economic reparations to sons and daughters of victims of femicide in Argentina and welcomed the approval of the “Micaela Law”, which aims to train officials in gender violence.

However, the Commission stated that “it has continued to monitor the various obstacles that women, girls and adolescents continue to face in the exercise of their sexual and reproductive rights, as well as the mobilization and legislative debate to exercise them. “In addition, he pointed out that” given the resurgence of the debate on the reform of the Sexual Education Law (Law No. 6,150), proposals have also emerged to revise and reform it, some of which would have the purpose of limiting its scope and eliminating mentions dedicated to diversity of gender and sexual diversity, topics that are follow-up by the Commission in order to ensure that the reviews are carried out in line with the inter-American standards on the matter. ”

With respect to the right to the environment, the Commission stated that the State informed it about a National Plan of Action to Combat Desertification and that the Secretariat of Environment and Sustainable Development of the Nation has developed several communication channels within the framework of the National Law No. 25,831 in order to guarantee the right of access to environmental information. He also indicated that “the National Strategy for Environmental Education is being developed, a public policy that guides the bases for the construction of intersectoral programs in the theme to promote the action of individuals, groups and society as a whole for environmental care in its entirety. He also indicated that a National Cabinet on Climate Change has been formed, which is currently working on the articulation of mitigation and adaptation measures on the implementation of the National Determined Contributions of the country. Finally, there is also the generation of indicators for the management of biosphere reserves and private initiatives for the conservation of biodiversity. ”

Nonetheless, the IACHR was alerted to the use of agrochemicals, which is one of the most worrisome issues for the country, particularly because of the harmful effects on the lungs and skin; as well as the increase of conditions such as depression, seizures, immune and endocrine disorders. Inclusive attention was drawn to the increase in the number of people with cancer in the Cordovan town of Monte Maíz in the fumigation season.

For its part, the Special Rapporteurship on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Commission presented its own report, highlighting the main data collected as concerns, regarding the situation of the DESCA considered in its generality in all the countries of the region. There, the Rapporteurship mentions again the situations reported in the shadow report related to the right to the environment and the right to health, particularly sexual and reproductive rights.

We celebrate the conclusions prepared by the IACHR and the Rapporteurship on DESCA and that have echoed the reports sent from civil society. We hope that the State has appropriated these recommendations and incorporates them in its design of public policies to improve the human rights situation in our country.

On February 22, the Federal Court of Appeals of Córdoba, by majority vote, decided to revoke the resolution issued by the Federal Court No. 3 of Córdoba in the context of the Porta Hermanos case. In that resolution, studies were ordered on environmental contamination and possible pathologies present in the vicinity of the plant of Porta Hermanos S.A.

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

The Federal Court of Appeals made the appeal filed by the company Porta Hermanos SA, revoking the ruling by the Federal Court No. 3 in which the case is processed “CRUZ, SILVIA MARCELA AND OTHERS v MINISTERIO DE ENERGÍA Y MINERÍA DE THE NATION s / AMPARO ENVIRONMENTAL “. In this resolution Judge Vaca Narvaja ordered, on the one hand, the Environmental Research Center – Department of Chemistry of the Faculty of Exact Sciences of the National University of La Plata to inform the court the feasibility of carrying out a study on the possible environmental contamination at the Porta plant, and on the other hand, to the Dean of the Faculty of Medical Sciences of the same University in order to evaluate the possibility of carrying out an inspection on 100 people living in the vicinity of the plant to detect possible pathologies .

The majority vote, maintains that the aforementioned resolution violates the principle of procedural consistency since the measures ordered by the judge of first instance, do not correlate with the object of the amparo filed by those affected. Recall that the principle of procedural consistency implies that the court can not go beyond what was requested by the parties or base its decision on facts different from those that have been alleged by the parties. In this case, the Chamber also maintains that, even though the intervening judge is assisted by the powers provided for in Article 32 of Law 25,675 – which refer to a judge with an active role, concerned about the protection of a collective good such as is the environment-, they must be applied with restrictions. According to the court, these powers are limited only to knowledge of the positions of the parties, thus giving primacy to the principle of congruence over such powers.

Given this panorama, it is necessary to make certain precisions:

The vote analyzed, maintains that the purpose of the amparo revolves around elucidating whether the bioethanol plant of the company Porta Hermanos required:

  • Authorization to operate by the Ex Secretariat of Energy of the Nation
  • Conducting the Environmental Impact Assessment procedure before putting it into operation

The principle of congruence, the precautionary principle and the environmental perspective.

First, from the reading of the same resolution, it is clear that the “environmental protection” presented by the neighbors, has as its main object the “cessation of atmospheric environmental pollution” by the bioethanol plant of the company Porta Hermanos SA In this line, it is requested the closure and final closure of the plant attentive to not having complied with the procedure of Environmental Impact Assessment – “lack of legal authorization”. Well, if the claim focuses on the cessation of environmental pollution, it is fully consistent to determine the existence of such a phenomenon. Indeed, it would be impossible to stop a contamination, which in the facts has not been fully proven.

Without prejudice to this, the precautionary principle comes into play since, even in the face of uncertainty, the judge could not postpone effective measures for the protection of the environment. In the resolution analyzed here, the majority vote ignores the claim of the amparistas, which is closely linked to the measures ordered by the Federal Judge, not violating the principle of congruence.

The administrative authorizations can not be permits to pollute.

Second, even when the object of environmental protection is that identified by the Chamber, that is, the need for a legal authorization, it is necessary to consider that what underlies the formal administrative procedures for authorization is the protection of the environment. Thus, the formal permits constitute a presumption of safety of the activity enabled but do not imply a permission to pollute and damage the environment, so that, upon verification of a polluting activity, such presumption must yield.

In other words, the debate on the need for an authorization or not, basically, involves discussing whether such activity harms the environment in a way that would have required the prevention and / or management of damage through the impact assessment procedures environmental (in accordance with the provisions of Art. 11 of Law 25,675). Therefore, even in such an object, the measures ordered by the federal judge of the 1st Instance, are fully congruent.

The preventive role of the courts in environmental processes.

In the third place, the assertion made by the Chamber that the principle of procedural consistency prevails over the powers granted by Art. 32 of Law 25,675 (L.G.A), is questionable, if not erroneous.

In the processes where the environmental issue is debated, because of the well protected, the rights at stake and the particularity of the damage, it is necessary that the traditional procedural rules (read principle of congruence) are redefined from the environmental and human rights perspective. The judge acquires a preventive role and an active role in pursuit of the effective protection of the general interest, being able to adopt the necessary measures and measures (Art. 32 L.G.A). In such a role, the judge must act in favor of the protection of the general environmental interest, which acquires a preeminent value, modifying the traditional rules of the civil process, in order to prevent environmental damage, without falling into the stillness of allowing the pollution and thereby consolidate irreparable environmental damage. Under this pre-eminence, the principle of congruence is subverted, or cedes in favor of environmental protection.

It should be noted that the resolution adopted by the Federal Court of Appeals of Córdoba, is questionable as it erroneously defines the object of environmental protection as merely formal (determine the need for legal authorization), and ignores principles and fundamental rules of Argentine environmental public order. In addition, in this case the resolution revoked simply ordered measures to have more information of the current situation, something that has been the cause of successive public complaints by neighbors in the neighborhoods San Antonio and Inaudi.

It is unfortunate that a formalistic look away from reality prevents having more information, in order to better investigate and evaluate a situation of socio-environmental conflict that has been in our city for years.

More information

Author

Juan Bautista Lopez

  • Contact

María Pérez Alsina, mariaperezalsina@fundeps.org

On October 30, the Inter-American Commission on Human Rights (IACHR) published a communiqué inviting civil society organizations and other interested social actors of the Organization of American States (OAS) to send information on the situation. of human rights in the region. This information will be used for the preparation of chapter IV A of the annual report of the IACHR corresponding to the year 2018 that will be presented to the General Assembly of the OAS.

“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

On September 27 and 28, representatives of different civil society organizations from Argentina met to shape the Network of Anti-Corruption Organizations (ROCC).

“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 the month of December 2017, Poder Ciudadano, the Center for Research and Prevention of Economic Crime (CIPCE), the Civil Association for Equality and Justice (ACIJ), Fundación Nuestra Mendoza, Latin American Center for Human Rights (CLADH), Acción Ciudadana Areco, Foundation for the Development of Sustainable Policies (FUNDEPS), Transparencia Ciudadana Foundation and, the Transparent Salta Foundation; we are the Network of Organizations Against Corruption.

The purpose of this alliance is to advance in the struggle and political advocacy on corruption issues at the national and provincial levels. Particularly, among the topics that are to be addressed are transparency, access to public information, public ethics, financing of politics, conflicts of interest, among others. We want to promote State policies that ensure an institutionalization made available for government accountability and transparency of government actions. This September the members of the ROCC met to outline upcoming joint actions and lines of action to address from now on.

Contact

Agustina Palencia

agustinapalencia@fundeps.org