Tag Archive for: Citizen Participation

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

From the Argentine Open Government Civil Society Collective, we request that all levels of the State take special account of transparency, participation and collaboration policies in public decision-making to manage the current crisis. At the same time we make ourselves available to collaborate, inspect, monitor and contribute to public decision-making.

“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”.

 

Communiqué of the Collective of Civil Society of Argentina of Open Government in relation to Covid-19

 

To the national government, to the provincial and municipal governments, and to all the judicial and legislative branches of Argentina; 

The Covid-19 pandemic at this point represents the most important challenge we have faced in decades, both globally, regionally and locally. Its impacts are substantial not only in health matters, but they significantly affect our economies, public services, institutions, the educational system, the inequality of our societies, the systems of protection of rights and many other crucial areas for development and well-being. of our peoples.

The measures taken jointly by the different governments of our country have so far mitigated part of the health effects of the pandemic and prepared our health systems for a possible increase in the number of infections. This enormous community effort, crystallized mainly in social, preventive and compulsory isolation, implies that our public institutions must continue to implement emergency measures that involve a large amount of public resources. Some examples of this are budget reallocations, large-scale purchases and contracts, transfers of funds to sub-national governments, expansion of social aid programs, and subsidies or exemptions to the private sector, among others.

The scope of these challenges is not exclusive to our executive powers, but rather that our legislative and judicial powers also face demands for which they were not fully prepared. In both cases, their effective operation is vital so that the responses to the pandemic adjust to democratic parameters and protect the rights of society as a whole, and in particular of the most vulnerable groups.

We know that the challenges and difficulties in this context are many, and that is why we believe that collaboration is necessary to strategically think about desirable and possible actions for governments to face the pandemic and recovery in the coming months in an open, transparent and participatory, facing the citizens who expect answers and who also have knowledge to contribute. In this framework, the principles of open government must be considered as a necessary part of the solution and as a way to provide agile responses in the pandemic response process.

As a first step, it is essential that the State, at all levels and powers, guarantee access to the necessary public information so that citizens can monitor and participate in an informed manner in emergency public policies. This implies guaranteeing the open information and accessibility of all the information related to sanitary measures, the use and distribution of public resources, public purchases made, programs aimed at protecting the most vulnerable groups, etc.

It is also essential to promote the full operation – by remote means if necessary – of all public institutions, especially of deliberative bodies such as the National Congress, provincial legislatures and deliberative councils, and the judicial powers of the nation and the provinces.

In addition to the necessary democratic control over the measures taken by the executive powers in this emergency situation, the legislative and judicial powers have non-delegable functions that must be resumed shortly to prevent the impact of the pandemic from deepening.

In turn, the full participation of citizens should be the way in which the different governments seek the solutions that this context demands, taking special consideration by the voices of traditionally excluded groups and communities. The process of formation and implementation of public policies must be based on evidence and on active listening by citizens as basic inputs to reach the most inclusive decisions possible.

On the other hand, in order to guarantee the effectiveness of sanitary measures, the government must pay special attention so that basic civil rights, such as the right to privacy or freedom of expression, are not violated, especially in the digital space. In situations where the use of databases is proliferating, it is essential to ensure unrestricted respect for people’s privacy. This implies that its activity by digital means or the use of mobile applications is free from undue interference from the public forces.

Lastly, the fight against corruption must occupy a central place on the public agenda in order to ensure that economic resources are allocated fully and efficiently to face the pandemic. Public monitoring of the use of public emergency resources, particularly in the area of ​​public procurement, must be sought by the control bodies and made available to the public through the publication in open formats of all its details, such as the amounts, suppliers and types of processes. The resources that are diverted due to the effects of corruption differentially affect the most vulnerable groups in times of normality, which deepens in these contexts.

The organizations of the society involved signatories make ourselves available to collaborate, inspect, monitor and contribute so that, also in times of crisis, our governments respect the values ​​of open government, can mainstream this paradigm and continue working in public decision-making based on evidence and guaranteeing transparency.Open Government Collective Argentine Civil Society.

Signatories:

Acción Colectiva

Amnistía Internacional Argentina

Asociación Civil Grupo Puentes

Asociación Civil por la Igualdad y la Justicia (ACIJ)

Centro de Implementación de Políticas Públicas para la Equidad y el Crecimiento (CIPPEC)

Datos Concepción

Democracia en Red

Educar 2050

Escuela de Fiscales

Fundación para Estudio e Investigación de la Mujer (FEIM)

Fundación Americana para la Educación

Fundación Cambio Democrático

Fundación Conocimiento Abierto

Fundación Directorio Legislativo

Fundación Huésped

Fundación Nuestra Mendoza

Fundación para el Desarrollo de Políticas Sustentables (Fundeps)

Laboratorio de Políticas Públicas (LPP)

PARES

Poder Ciudadano

Red Nuestra Córdoba

Salta Transparente

TECHO

Wingu – Res Non Verba Asociación Civil

On August 7, a parallel event was held within the framework of the Pre-COP Córdoba 2019, where we participated in the organization jointly with Fundación Tierravida, Córdoba Young Agency Ministry of Environment and Climate Change. The Side Event convened various sectors of civil society, NGOs, universities, native peoples, entrepreneurs and activists, involved in the theme of climate change.

“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”.

Given the cross-cutting nature of environmental management, which is why environmental problems must be considered and assumed comprehensively and cross-sectorally, a logic of horizontal, multisectoral and interdisciplinary participation was sustained throughout the day.

In the morning the event began with the dissertation of specialists in climate change and then in the afternoon, through various work tables, the participants discussed, discussed and contributed on an equal and transparent footing to write a Roadmap . The discussion, in addition to being linked to the PreCOP issues, was framed in the United Nations Sustainable Development Goals (SDGs).

In addition to the aforementioned, various projects and actions of NGOs against climate change were presented under the Pecha Kucha format, topics such as renewable energy, differentiated waste collection, community empowerment on climate change were discussed.

About the Roadmap

The Road Map was the central and final objective of the event, in which representatives of the Cordoba civil society left the actions to be followed. Specifically, it focused on what elements are necessary to achieve governance that guarantees and promotes the effective participation of all sectors in decision-making and in the allocation of resources for projects, plans and programs related to climate change.

The aforementioned document was presented, in its preliminary version, before the official PreCOP authorities and at COP 25 to be carried out in December 2019 in Chile. During the month of September, work will continue among the participating organizations of the Side Event to continue developing their content.

The Climate Summit (COP) this year will be held in Chile and is a great opportunity to reach our representatives the various voices embodied in a document that show what are the necessary actions to deal with climate change. The summit is attended by representatives from almost every country in the world, scientists, specialists and NGOs where they intend to set criteria for compliance with the Paris Agreement and improve gas reduction goals.

Authors 

Carolina Tamagnini

Ananda Lavayén

María Laura Carrizo

Contact

Juan Bautista López, juanbautistalopez@fundeps.org 

Since June, different instances of co-creation between civil society and government have been carried out with a view to the elaboration of the Fourth Open Government Plan of Argentina. This will be published at the beginning of September and there are still instances of virtual participation for those interested in making contributions.

“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”.

Argentina has already implemented three Open Government plans, drawn up in the framework of the Open Government Alliance (OGP). In 2020, the Fourth Plan should be implemented, so that from the National Open Government Bureau – composed of government and civil society representatives – proposals were received for the elaboration of the new commitments.

In order to work in depth on the elaboration of these commitments, 14 tables of various topics were developed such as: Extractive Industries, Indigenous Affairs, Budget Transparency, Public Works, Trafficking in Persons, Water and Sanitation, Access to Justice, Gender and others. From Fundeps, we were participating in the table of Subnational Governments and in the table convened by INAM that addressed the federalization of the Micaela Law.

Also, we were present in the writing both commitments, which will be submitted to public consultation during the month of August. To participate in the public consultation, you must enter the following link.

More information

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

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

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

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

Main conclusions

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

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

Find more information on public education and comprehensive sex education.

Equality between men and women

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

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

Sexual and reproductive rights

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

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

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

Violence against women

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

Feeding

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

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

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

Learn more about food labeling and consumption of sugary drinks.

Health and tobacco use

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

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

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

Mining and the environment

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

Agriculture, healthy environment and health

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

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

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

 

Writer: Mayca Balaguer

In collaboration with other civil society organizations, we made several reports to the Committee on Economic, Social and Cultural Rights (DESC) for its session No. 64. Through them we intend to bring critical observations and recommendations on issues related to DESC that have been part of the work agenda of our organization, and so give an update of the report presented at the instance of sessions of the Preparatory Working Group, in 2017.

“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”

Argentina has ratified the International Covenant on Economic and Cultural Rights (PIDESC), committing itself to comply with the obligations derived from this pact. The ICESCR, like other human rights treaties, establishes a set for monitoring its level of compliance: the Committee on Economic, Social and Cultural Rights (CESCR). In this sense, the Supreme Court has recognized this committee as an “authorized interpreter” of the Covenant, which sometimes has a constitutional hierarchy.
The monitoring mechanism established in the same includes, in turn, the possibility of participating in civil society in different stages, through the presentation of reports: the Committee receives reports from the State as well as from civil society and evaluates them, for Then issue your Final observations. The importance of these observations is that they are used as tools to demand compliance with human rights standards in the matter of ESCR.
In this context, we have presented several reports that warn about the situations of rights being affected in different areas.

Health:

  • Situation of chronic noncommunicable diseases in Argentina:

We recommend urging the State to adopt some measures to reduce the consumption of tobacco products and unhealthy foods.

Among them, the limitation of advertising aimed at children, the adoption of a more simple and understandable nutrition labeling, the raising of taxes, the ratification by the Argentine State of the Framework Convention on Tobacco Control and the adoption of measures that protect especially vulnerable groups.

  • Current situation regarding marketing practices of milk formulas:

In this regard, we recommend urge the Argentine government to regulate and restrict the marketing strategies of formulas of breast milk, to continue to promote breastfeeding beyond awareness campaigns, to prevent interference from industry processes related to the field of public health and to promote transparency in the sponsorship of academic events and research.

  • Situation of the regulations of geriatric residences:

We recommend the enactment of a national law that establishes minimum budgets to be guaranteed in all nursing homes in the country, in accordance with the rights and paradigm established in the Inter-American Convention for the Protection of Older Persons, as well as local laws that accept this paradigm. Likewise, it is recommended to urge the Argentine State to publicize the data related to the authorizations and controls of said residences.

  • Lack of access to sexual and reproductive rights:

The situation of low access to contraceptives and abortion practices is worrisome in cases allowed by law. We recommend then to urge the State to provide the necessary supplies to comply with sexual and reproductive rights, as well as to ensure that conscientious objection does not impede access to them. Finally, we recommend urging the State to train health professionals, in accordance with the international standards set by WHO for access to safe abortion, and the promotion of legislative discussion for the legalization of abortion.

Democracy

  • Current situation of the Ombudsman’s Office:

This institution continues to abide by it for 11 years, which is configured as a weakening of the DESC protection system. In this regard, we have recommended, among other things, to designate as soon as possible a person in charge of the Office of the Ombudsman of the Nation and to reformulate the procedures for selecting it.

  • Access to public information on environmental matters:

We recommend that the Committee urge the State to guarantee access to public information on environmental matters in view of the progress of major infrastructure projects, extractive industries and Chinese investments; promoting the creation of instances and / or mechanisms of citizen participation. In addition to promoting the protection of those who defend their rights and oppose the advancement of large infrastructure projects.

  • Draft Bill of Collective Proceedings:

We recommend that the State abstain from promoting the Draft Bill of collective actions before the National Congress and promote a regulation that conforms to current international and constitutional standards in terms of access to justice and effective judicial protection of groups in vulnerable situations.

Ambient

  • Use and application of agrochemicals:

We warn about the effects on the right to health derived from the use of agrochemicals; recommending the adoption of a national regulation that regulates the use and application of agrochemicals and requesting the revision and adaptation of national and provincial regulations to the new categories established by the WHO regarding the classification of phytosanitary products. In addition, the adoption of measures to minimize the impact of the use of agrochemicals and periodic epidemiological evaluations is recommended.

More Information

Contacts

Agustina Mozzoni: agustinamozzoni@fundeps.org

Carolina Tamagnini: carotamagnini@fundeps.org

 

 

 

 

 

 

 

 

 

 

 

 

 

During the month of April, the Minister of Modernization, Andrés Ibarra, spoke at the Palacio San Martín on open government, ratifying the commitment of the Argentine State to policies that promote easy access to public management information for citizens. He did so to present the launch of the “OECD Study on Open Government in Argentina”, accompanied by the Deputy Secretary General of the Organization for Economic Cooperation and Development (OECD), the Finnish Meri Kiviniemi, and the chief of advisers of the Ministry of Treasury, Guido Sandleris.

“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 OECD study will be carried out throughout this year 2018 and is expected to be presented to the OECD Public Governance Committee in April 2019. This report will present two main objectives: first, to support the implementation of open government strategies and initiatives through an in-depth analysis of the current state of the national government’s reforms focused on promoting the application of these principles, both in the national and provincial public administration. As a second objective, it will try to accompany the Argentine provinces in the process of improving their open government strategies and initiatives, through a data-based approach and peer review. This review process will include visits to three provinces of the country, selected jointly by the OECD and the Argentine government.

The Open Government is a way to develop public policies in an open manner, with the objective of facilitating access to information, encouraging citizen participation and intensifying the system of accountability. It implies a modality of public management that is more transparent, participatory and that improves collaboration between the State, the Government and Civil Society. This movement had its origins in the Great Britain of the ’70s, as a movement that sought to dismantle the secrecy and bureaucratic obscurity that governed British politics. It is currently promoted at the international level by the so-called Open Government Alliance, a multilateral initiative that seeks to ensure specific commitments of governments to advance in the promotion of Open Government.

Argentina has a long history of relations with the OECD, adhering to multiple declarations and conventions of the Organization, as well as participating in official bodies and the Development Center of the OECD. However, it is not yet a Member and it is well known that the national government would like to be able to obtain the formal invitation of the Organization to become one, or at least maintain the best possible relations with its members, since it deals with the countries where a large part of Foreign Direct Investment (FDI) comes from. Therefore, it is of great importance for the Government to undergo a study by the OECD and, above all, to produce good results that can improve its international image.

However, and beyond what the importance of this OECD study for the national government and the results it yields, it should be clarified that there is still much to be done in the path of open government in Argentina. Its effective application must be based on open and easy access to public information by civil society, but it must also contain adequate mechanisms to ensure that this civil society can participate and interact with decision-making based on this information. Last but not least, among the measures should be included those relevant to debureaucratization, which facilitate the exercise of the previous two.

Based on the provisions of the Third National Action Plan for the period 2017-2019 launched by the Ministry of Modernization and the commitments it proposes, it can be observed that from the Argentine State only progress has been made regarding the first characteristic of an open government, accessibility to information by the general public and not without problems, as detailed in the Open Government Partership portal in its section dedicated to Argentina.

It is also worth mentioning that the movements related to making effective and real the participation of civil society for the time being seem to have been limited to activities of the National Open Government Roundtable and other days and survey of demands: far from the effective establishment of institutional mechanisms that integrate to decision making. In terms of debureaucratization, progress has been made in the use of new technological tools and communication linked to the Internet to streamline procedures and consultations from society to the State, such as the implementation in 2016 of the Platform for Public Consultation. However, there are still several areas where the reduction of bureaucracy has not arrived, not to mention that it remains to be seen to what extent these tools are effective on the path to open government.

Clearly, considering all of the above, it can be affirmed that, in order to achieve transparent public policy decision-making, with citizen participation and accountability, many more advances must be made than before. Perhaps the announced OECD study opens a window for organizations, experts and society in general to make their voices heard and promote the necessary measures.

Author:

Agustín Fernandez Righi

Contact:

Agustina Palencia – agustinapalencia@fundeps.org

Together with FIC Argentina, the O’Neill Institute and the Chair of Food Sovereignty of the Nutrition School of the UBA, we present a report in which we warn the situation of chronic diseases in Argentina focusing on the particular situation of children and adolescents ; At the same time, we suggest to the State the adoption of some measures to reduce the consumption of tobacco products and unhealthy foods.

“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”.

When a country ratifies an international human rights treaty, it undertakes to comply with the obligations established in it. Many of these treaties establish mechanisms so that the rendering of accounts on the level of compliance with these obligations is open to the participation of civil society. In this case, Argentina’s obligations under the Convention on the Rights of the Child will be reviewed before the Committee on the Rights of the Child, which is the body of independent experts that supervises its application.

Measures such as, the limitation of advertising directed to boys and girls, the adoption of a simpler and more understandable nutrition labeling, the raising of taxes, the ratification by the Argentine State of the Framework Convention on Tobacco Control and the establishment of school kiosks healthy

The information presented and the recommendations made are intended to ensure that between the next May 14 and June 1 the 78th session of the Committee on the Rights of the Child will be held, where the final evaluation will be made regarding the degree of compliance with the rights enshrined in the Convention on the Rights of the Child by the Argentine state. The final observations that the Committee issues will be tools to require the Argentine State to comply with human rights standards.

Link to the full report: bit.ly/InformeENTs

Contacto:

Agustina Mozzoni – agustinamozzoni@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

“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 absence of answers, the claim was brought to the Inter-American Commission on Human Rights and to the Human Rights Committee of the United Nations, and both agencies urged the Argentine State to appoint the Ombudsman promptly. It should be noted that it is a key institution for the defense of human rights.

In accordance with the principles of the inter-American human rights system, States undertake to adopt legislative or other measures that are necessary to give effect to the rights and freedoms recognized in the American Convention on Human Rights. Among the measures mentioned, there are those tending to effect the establishment and regular operation of the Ombudsman’s Office.

The Ombudsman has basically two functions: 1) Defense and protection of the rights of the people before acts or omissions of the public administration; and 2) Control of the exercise of public administrative functions. However, this definition of the Defender may become limited since it does not contemplate its more procedural and human dimension: the idea and aspiration to create an entity capable of being receptive to the needs of the population. The Ombudsman’s Office plays a fundamental role not only in the protection of human rights and control of the exercise of public functions, but also as a key institution in direct communication between the State and individuals.

During the month of August 2017, 55 civil society organizations again called for the end of this situation and the designation of the Ombudsman. The complaint also included a proposal for the appointment that included both legal and constitutional requirements, as well as suggestions for the selection process. It was requested that the necessary measures be adopted so that the Bicameral Ombudsman’s Commission immediately begins the appointment procedure, which ensures 1) transparency and citizen participation in the process and 2) the suitability of the candidates.

The selection process of the Defender must follow rigorous criteria that guarantee the moral suitability and technical suitability. The moral suitability in this case not only refers to the absence of disciplinary offenses or conduct contrary to public ethics; but it refers to the need to prove a true commitment to human rights. The technical suitability, on the other hand, has to do essentially with the knowledge about the problems of Human Rights and the means to remedy them.

Another point to highlight in how the designation of the Ombudsman should be carried out, has to do with the independence of criteria. The CN in its article 86 emphasizes the autonomous character of the figure of the Defender and the independence of criteria. This refers to the non-partisanship of the figure and the absence of economic ties or interest that may interfere with the activities of the Ombudsman.

These selection criteria must be accompanied by a transparent and participatory procedure governed by publicity and openness in all stages of the process. The presentation made by the civil society detailed the proposal for the implementation of a selection process that should include: 1) Proposal of the candidates, 2) Publication of background, 3) Observations, challenges and questions, 4) Written responses from the candidates , 5) Public hearing before the bicameral commission, 6) Observations, 7) Decision of the bicameral commission.

This organ since 2009 lacks real leadership and since then it is operating under interim mandates because Congress has not yet agreed on the appointment of a director. Since 2015, undersecretary-general Juan José Böckel has been in charge of this unit, a man who answers the former intervener of that entity, the deputy governor of Jujuy, Carlos Haquim. Currently, the Ombudsman’s Office has been immersed in corruption cases after anonymous reports of irregularities in the organization.

According to reports, on Wednesday, November 8, the Bicameral Commission of the Ombudsman would sign the proposal of three candidates to the Ombudsman, with a view to having the Chambers designate it before the end of the year. This has been done without convoking the civil society and if this agreement were reached without the participation of the citizens in the formation of the shortlist, it will affect the proper institutional functioning of the Ombudsman, once their new holder is designated. .

The importance of the prompt designation of the Ombudsman is that it is one of the agencies in charge of the horizontal control of the State (called Horizontal Accountability). It is about the control exercised by the same institutions over the acts and / or omissions emanating from the State. In this sense, it is essential that the mechanisms that guarantee horizontal accountability work correctly. We join the claim of civil society for the prompt appointment of the Ombudsman.

More information

– Without citizen participation, the Ombudsman will not be for the People

– 55 organizations ask Congress for the designation of the Ombudsman

– Contributions for the regulation of the nomination process of the nation’s Ombudsman

Contact

agustinapalencia@fundeps.org

“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”

 

More than 50,000 women gathered for another year to share experiences, update debates, express feelings and define policies that meet their needs, betting on collective work to advance the fight. Women approached from different parts of the country, but it is worth noting the presence of women from El Impenetrable Chaqueño, who made the difference in their first participation in an ENM.

The meeting was marked by a variety of workshops, including women and feminisms, sexual and reproductive rights, femicides, indigenous peoples, among others. Two new themes were added this year: “Women and Culture of Rape”, which developed the role of the media in the construction of the victim and the victimizer, institutional violence, sexual, affective and relational consent, among other axes . Also added “Activism Gordx”, workshop that dealt with the hegemonic medical model, cultural stigmatization of fat bodies and new forms of politicization. At the same time, women were able to enjoy numerous cultural activities, with 25 de Mayo Square being the epicenter of talks, handicrafts, music and mates “encounters”.

On Sunday, at 6:00 p.m., a multitudinous march was conducted that covered more than 35 blocks on the way to the Democracy Park, with the presence of women belonging to different social, political, trade union, civic organizations, indigenous communities, and so on. The march culminated with a great rock to the rhythm of good music, dance and several meals.

We can not fail to mention the lamentable assaults that were suffered by several women who attended the ENM on Monday by a group of people who, shouting “let them all go”, threw stones at them, chased them on motorcycles, hit with sticks, and threatened, corralated and intimidated violently. Once again, intolerance and violence played a part in the NME. We repudiate this episode of this anti-rights sector, which, far from respecting freedom of expression and democracy, once again tarnished an MNA. It is also worth noting that, unlike the previous ENM, the security forces did not repress and acted with respect for the rights of the attendees, safeguarding the security of the meeting.

We celebrate these 32 years of struggle that will not stop and we will meet again next year in Puerto Madryn, Chubut, headquarters of the 33rd ENM.

Sources

Incidents in the march of repudiation to the meeting of women | TN24

Violent demonstration of Resistance against the women of the Meeting | El Diario de la Región

Author

 Mariana Cabanillas

Contact

Virginia Pedraza, vir.pedraza@fundeps.org

“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”

When a country ratifies an international human rights treaty, it undertakes to comply with the obligations set out therein. Many of these treaties establish mechanisms for accountability on the level of compliance with these obligations to be open to the participation of civil society. In this case, the obligations of Argentina under the International Covenant on Economic, Social and Cultural Rights (ICESCR) are reviewed before the CESCR. In collaboration with other civil society organizations in Argentina, we have approached critical observations, recommendations and questions through two reports: one more general about various aspects related to obligations in ESCR and another focused on the protection of the health of chronic noncommunicable diseases .

Structural report developed jointly with ACIJ

Together with the Civil Association for Equality and Justice (ACIJ), we produced a report during the month of August with comments on Argentina’s compliance with the rights enshrined in the ICESCR. This report is based on the report that Argentina presented to the Committee in late 2016 to report on the progress it has made in terms of these rights, so it is called “shadow report”.

In this instance, the CDESC opens the opportunity for civil society organizations to comment on the topics covered in the official reports and to suggest questions for members of the Committee to delve into sessions with representatives of the State. To these ends, from FUNDEPS and ACIJ we have presented data alternative to those provided by the government, in some points such as: production and quality of data on ESCR; access to justice in ESCR; education rights; right to inclusive education; right to health; right to gender equality; rights of environmental defenders; among other.

Report on the protection of the health of chronic noncommunicable diseases

Together with FIC Argentina, the O’Neill Institute and the Chair of Food Sovereignty of the School of Nutrition of the University of Buenos Aires, we present a report in which we warn about the situation of chronic diseases in Argentina; at the same time as we suggest to the State the adoption of some measures to reduce the consumption of tobacco products and unhealthy foods.

Measures such as limiting advertising aimed at children, adoption of simpler and more understandable nutrition labeling, tax increases, ratification by the Argentine State of the Framework Convention on Tobacco Control and adoption of measures particularly vulnerable groups.

The information presented and the questions asked to the State are that next year the final evaluation will be done, after giving Argentina a right of reply and civil society organizations to submit shadow reports again. The concluding observations that the Committee issues are tools to require the Argentine State to comply with human rights standards on ESCR.

More information

– Shadow report of FUNDEPS and ACIJ

– Official reports and other shadow reports

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

“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 reality of women in Argentina, urges that organizations take action, organize and strengthen their links. It is essential to generate collective strategies that can generate impacts that make visible the faults that women suffer in our country, such as access to justice, participation, the rights to a life free from violence, health, freedom, equality of opportunity, among many others.

The organizations and individuals that form part of the Abogadxs Alliance for Women’s Human Rights are meeting to discuss the achievements in recent years, the achievements and advances in the recognition of rights and their implementation. But we also put on the table the risks in the implementation of regressive policies, of strategies that continue reproducing the logics of gender inequality, and everything for which we have always struggled and have not yet reached.

That is why we focus our exchanges on two central themes: sexual and reproductive rights, and violence against women. In both areas of discussion we reach starting points for collective strategies, and we generate dynamics of mutual strengthening for those measures and actions that necessarily have to be diagrammed locally.

The human rights of women must be guaranteed by the State, and when this is not manifested in reality, the organizations will continue to carry out collective advocacy to demand that all people, regardless of gender, enjoy all rights and can live their lives without fear and in full freedom.

Contact

Virginia Pedraza, vir.pedraza@fundeps.org