Tag Archive for: Gender
On July 21, in the central news show on Canal 12 in Córdoba, journalist Fabiana Dal Prá interviewed a rape victim. We denounced before the Public Defender’s Office, her approach, which was an example of media and symbolic violence, showing how much there is still no training in gender perspective in the media.
“Do you blame yourself for something?” Dal Prá asks after a woman on her back recounted her painful experience, visibly moved. Dahyana, the young Cordovan woman who was sexually assaulted in the Ampliación Las Palmas neighborhood responds forcefully that she is not guilty of anything, that she has been the victim of a sex crime.
It is not the first time that the journalist has committed symbolic and media violence. In 2019, in the case of Lautaro Teruel, accused of sexual abuse of a ten-year-old girl, he described the fact on the air as a “mistake”. The same thing happened in 2018, when interviewing a young woman who had been abused in the vicinity of the Kempes Stadium, who asked her, after the account of the events: “Are you sorry for how you reacted?”.
This approach to sexual abuse cases, focusing on the victim’s guilt and questioning their actions, only manages to minimize the fact of physical and sexual violence to which they were subjected through re-victimization and stigmatization. This treatment is an exercise in media violence, not only towards the victim who is exposed and questioned, but also towards other women and femininity who are part of the audience and may have experienced situations of the same type. The impact of a journalistic action of these characteristics is enhanced by the breadth of the scope of the channel and the program’s central schedule.
Nor is it the first time that Canal 12 commits these forms of gender violence nor the first time that it receives public condemnation. This recidivism does nothing more than make evident the lack of commitment of the environment with the visibility, prevention and fight for the eradication of the different types and modalities of gender violence.
In this situation, we denounce the facts before the Public Defender, the administrative body that protects the rights of the hearings, so that it analyzes the interview and intervenes, making recommendations to the media.
Symbolic and media violence in the media
The media are key actors in the construction and reproduction of meanings and values that can legitimize or transform violent practices, behaviors and ways of understanding the world. They are actors who have the possibility of building a more just and equitable society through the deconstruction of gender roles and stereotypes that violate LGBTIQ + women and people.
Unfortunately this is not the case, despite being recognized by law. We are, once again, before a medium that systematically exercises symbolic and media violence in accordance with the definitions of Law 26,485 on Comprehensive Protection to Prevent, Punish and Eradicate Violence against Women, and which are also contemplated in Law 26,522 on Services of Audiovisual Communication.
Media violence is one that through stereotyped patterns, messages, values, icons or signs, transmits and reproduces domination, inequality and discrimination in social relations, naturalizing the subordination of women in society.
Symbolic violence is any publication or dissemination of stereotyped messages and images through any mass media, which directly or indirectly promotes the exploitation of women or their images, injures, defames, discriminates, dishonors, humiliates or attempts against dignity of women, as well as the use of women, adolescents and girls in pornographic messages and images, legitimizing unequal treatment or building sociocultural patterns that reproduce inequality or generate violence against women.
To avoid these types of violence when dealing with cases of sexual abuse, the Public Defender’s Office has a Guide for the responsible treatment of cases of violence against women, in which it indicates that it is necessary to “dispense with approaches that stigmatize, blame , they disbelieve and / or sexualize women in situations of violence ”, as well as“ privilege approaches focused on prevention and awareness of the social problems of violence against women, regardless of the spectacularization and fictionalization of cases.”
It is urgent that the media and journalists are trained and sensitized to develop communication with a gender perspective, egalitarian and non-sexist, but fundamentally, that they put aside these violent practices.
The only appropriate and responsible way of addressing violence against women through the media is starting from a perspective that respects human rights and is committed to the prevention and eradication of violence.
More information
- CISPREN Press Release: Media with a Gender Perspective
- The show of violence | Fundeps – September, 2015
- Available ?: Denounce Arriba Córdoba on Channel 12 for media violence | Fundeps – September, 2018
- The Morning Show again incurred media violence | Fundeps – January, 2019
Contact
- Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Last Wednesday, May 27, in the midst of the health emergency affecting Argentina, the bicameral commission for the Promotion and Monitoring of Audiovisual Communication, Telecommunications Technologies and Digitization approved the appointment of journalist Miriam Lewin for the position Defender of the Public of Audiovisual Communication Services and only remains to be endorsed by those who preside over both houses, Cristina Fernández de Kirchner and Sergio Massa. The position was created by the Media Law and remained headless during the previous government’s term.
“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 political and economic instability that has been experienced in the country in recent years has led to a mismatch in regulatory agencies, which has resulted in difficulties in the normal functioning of the agencies responsible for directing and executing public gender and communication policies.
This situation exposed society to violations of their rights. Especially if we bear in mind that the media and advertising agencies are essential actors in content development. They hold a power not only commercial or as cultural institutions, but are considered as opinion formers, producers, reproducers and transmitters of values, stereotypes, meanings and common sense, while determining what is considered relevant, normal , debatable and socially accepted or rejected.
Actors who have a monopoly on the media and content production systematically legitimize gender inequalities through the content they disseminate. For this reason, it is necessary to demand that the State guarantee the effective use of public policies that ensure respect for human rights, democratization of the media, that promote equality and that eliminate discrimination. Not only to overthrow the violence and the reproduction of stereotypes and gender violence that are perpetuated within the contents that are circulating, but also for the elimination of structural inequalities in the work spaces of this industry that mostly affect women.
Thanks to the feminist struggle and its agenda, gender-based violence is no longer tolerated today and as a result of the complaints they managed to create a legislative framework in which Media and Symbolic violence is contemplated. The Audiovisual Communication Services Law and the Comprehensive Protection Law to prevent, punish and eradicate violence against women in the areas in which their interpersonal relationships are developed have the goal of protecting and safeguarding the rights of women and LGBTQ + people. In addition, state agencies such as ENACOM, the INAM Observatory of Media and Symbolic Violence (now absorbed by the new Ministry of Women, Genders and Diversity), the Public Defender, INADI and the Office for the Monitoring of Publication of Sexual Trade Offer Notices.
Who is Miriam?
Miriam Liliana Lewin is an investigative journalist with an extensive career in television, radio and graphics, including work on Telenoche Investiga, Todo Noticias, Radio Nacional and América TV, among others. She was nominated seven times for the Martín Fierro award on radio and television.
She was a member of the Peronist left during the 1970s and was detained in the Virrey Cevallos clandestine detention center and in ESMA during the last civic-military dictatorship (1976-1983). In 1985 she was a witness in the Trial to the Boards, continues to declare in cases related to crimes against humanity in Argentina and is an active activist for human rights and in the struggles of the feminist movement.
As a writer, her literary works include “Ni putas ni guerrilleras” (co-authored with Olga Wornat) on sexual crimes in clandestine detention centers during the last military dictatorship. It had its first edition in 2014, pre #NiUnaMenos, #MeToo and debate on abortion, and is an indicator of interest and conviction in the feminist agenda.
On several occasions, she has expressed her affinity with the feminist movement, participating as a speaker in talks on abuse and power in society, or referring to the Women and Dissidence meeting, which is held every year in La Plata, highlighting the significant growth and importance of the women’s movement, the green, violet tide and the groups that fight for rights in the country.
In dialogue with TN, Lewin promised “to carry out a democratic and participatory management, with open doors for both communicators and all sectors that feel their rights violated in this special reality. The Ombudsman does not have punitive functions. It is that all those involved in the phenomenon of communication can be represented on the media map. To extend the rights of all and always respecting freedom of expression. “
Today more and more discriminatory discourses are questioned by society and in this line, the appointment of Miriam Lewin constitutes a hopeful message regarding the fight against media violence that affects, mostly, women and people belonging to the LGTBQ + community.
Author
Irene Aguirre
Sofía Mongi
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Five years ago, on June 3, 2015, after the news of the femicide of Chiara Páez and in the face of extreme sexist violence, we took to the streets and banded ourselves under the “Not a Less”. For this year, one of the slogans is “We are supported by feminist networks”. In the context of social isolation, various virtual activities will take place.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
This slogan represents the fight against the most extreme consequence of sexist violence: death. According to official data, prepared by the Women’s Office of the Supreme Court of Justice of the Nation, in 2018 there were 255 direct victims of femicides. These reports are based on data from the previous year and the methodology consists of statistically analyzing the judicial cases in which violent death due to gender is investigated. According to the 2019 report, there were 268 direct victims of femicide and femicide victims and 5 transvesticides and transfemicides in Argentina.
You can also find current data that is produced by various social actors. The observatory of gender violence “Now that they see us” reported that as of April 30 of this year, 177 femicides had occurred.
In the context of a pandemic and taking into account the social scenario against the measure of Preventive and Mandatory Social Isolation (ASPO), the Adriana Marisel Zambrano Femicide Observatory of the Casa del Encuentro decided to relieve and publicize the number of women murdered since the 20th of March. As of May 28, during ASPO there were 57 femicides and linked femicides of women and girls. The data reveals that 1 in 6 victims had previous complaints, that 71% were murdered in the home and 65% of the aggressors were partners or ex-partners of their victims.
For her part, the Minister of Women, Genders and Diversity of the Nation told the Télam Agency that during ASPO calls for consultations to 144 increased by 40%.
Particularly in Córdoba, the Judiciary informed that since the extraordinary recess was declared, as of April 30, the Courts specialized in family and gender violence issued 1803 orders to restrict contact between the aggressor and the victim and 471 exclusions from the home to the aggressors.
Now how do we read this data? Male violence finds its source in gender inequality and its most extreme expression in the high numbers of complaints of violence and femicides. Added to this, the context of social crisis, deepened by the pandemic and the tool of social isolation, intensify the conditions of vulnerability of people living in contexts of gender-based violence.
The figures, the claims and the vulnerability are an alarm call to put in check the strategies that the State develops in the face of male violence. A few days ago, it was announced that the Network of People Crossed by Femicide and the team of litigation on Human Rights Justice and Reparation made a presentation before the Committee for the Elimination of Discrimination against women (CEDAW) for the case of the femicide of Florence Bathrobe. What is raised in the case, as reported, is the lack of protection and access to justice, by the Argentine State, in a context of gender violence.
In this scenario and as an achievement of the pressure exerted by the feminist movements, Tucumán adhered to the Micaela law. At the national level and in all provinces, mandatory training and awareness-raising on gender and gender-based violence for all persons in public service at all levels and hierarchies of the three branches of the State now governs. Micaela’s memory and many others demand that this law is not just one more box to complete. The gender perspective in public policies, norms, and access to justice must force the visibility of existing inequalities and generate strategies to make gender equality real and structural. For this, it is necessary to allocate the necessary budget and the political will to deepen structural changes.
As long as the old mechanisms of patriarchy continue to function, feminist movements will continue to raise flags on the streets and in (the) networks.
Author
Ivana Sánchez
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
The following document deals with the Inter-American Development Bank’s Gender Policy and Action Plans, and the international standards on women’s human rights with the purpose of developing a comparative analysis between both instruments. This analysis is motivated by the few complaints with a gender component that has been submitted to the IDB’s accountability mechanism, MICI.
From Fundeps, together with the participation of some international civil society organizations, we sent the IDB a document with comments and observations on the Environmental and Social Policy Framework from a gender perspective.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
In December 2019, the Inter-American Development Bank -IDB- published the draft of the Environmental and Social Policy Framework (MPAS) in order to modernize its environmental and social policies. What does this MPAS mean? These are the requirements in environmental and social policy that the Bank or the Bank’s borrowers must meet when carrying out a project. In this statement, the Bank maintains a commitment to environmental and social sustainability, translated into a series of requirements and recommendations ordered in ten Performance Standards to be met in each project.
In January 2020, on-site and virtual public consultations began, in which Fundeps participated by presenting a review of what was proposed in social and environmental safeguards policies. This month, we led a document with specific comments and observations to Rule 9, on Gender Equality, and its lack of mainstreaming towards the rest of the MPAS Rules. This document was formulated together with another group of NGOs that adhered to the recommendations and together it was presented to the IDB. This work involved analyzing the entire draft of the Framework from a gender perspective and also contrasting it with previous gender policies published by the Bank.
As mentioned, the first shortcoming identified is the loss of mainstreaming of gender policy in project financing requirements. Taking into account that such projects directly and indirectly affect local communities, we demand that the Gender Equality Standard dialogue with other approaches such as race, ethnicity, class, age, religion, profession / activities, geographic location, among others. In other words, we demand that the problems be addressed from an intersectional vision, recognizing the coexistence of different vulnerabilities.
Regarding its conceptualization of gender equality, some inequalities of women with respect to men are mentioned, along with possible violence against trans people, so its approach in relation to LGBTTTIQ + people is scarce and superficial. Although it refers to ‘gender empowerment’ instead of ‘women empowerment’, there is no specific mention of gender, which manifests the reproduction of a binary, exclusive and regressive approach in terms of human rights. Furthermore, this means -not specifically mentioning the genres- the lack of incorporation of LGBTTTIQ people in the requirements to be met by the projects.
In its implementation measures, we note that the approaches proposed by the international human rights treaties for girls, adolescents, women, and LGBTTTIQ + people are not incorporated. On the other hand, the implementation measures required of borrowers do not include a proactive policy to advance on gender equality, as it was included in previous Bank gender policies. We continue with a preventive policy, although we identified an absence of a gender perspective in the design of strategies to mitigate and prevent violence, discrimination and inequalities.
In order to materialize progress regarding human rights in IDB-financed projects, we raise the need to strengthen the Bank’s commitment to the gender perspective, such as incorporating it at the internal level of its organizational structure. Taking into account the Bank’s ability to generate public policies through its choice of financing, we conclude that it must develop robust frameworks, operational policies, and accountability mechanisms that incorporate the gender perspective cross-sectionally and ensure the informed participation of affected people at all stages of all projects financed and undertaken by the Bank.
More information
- Comments and observations on the draft IDB Environmental and Social Policy Framework from a Gender perspective – Fundeps
- We participate in consultations of the new IDB Environmental and Social Policy Framework – Fundeps
- Public consultations on the IDB’s new environmental and social policy begin – Fundeps
- Observations on the draft of the IDB Invest Environmental and Social Sustainability Policy from a sensitive perspective on gender – Fundeps
- Draft Environmental and Social Policy Framework (MPAS) – IDB
- Gender and Diversity – IDB
Author
Mariel Pastor
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
Gonzalo Roza, gon.roza@fundeps.org
This document makes comments and observations on the draft of the IDB’s new Environmental and Social Policy Framework from a gender perspective. The comments and suggestions have been made with the aim of strengthening the Bank’s commitment to the gender perspective and its internal incorporation into its organizational structure. It also seeks to avoid the continued violation and corrosion of the rights of women and LGBTTTQ + people.
On April 9, the equal pay day between men and women was established in our country. As of today, we have large gender gaps that are far from closing.
“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”.
Women charge less than their male peers. That is a fact. What’s more, transgender people also get even less, or are directly excluded from the labor market. On March 16, the National Directorate of Economy, Equality and Gender of the Ministry of Economy of the Nation presented the report “Gender gaps in Argentina: State of situation and challenges“. There, it is evident that the total income gap between men and women (calculated as the relative variation between the average income of men and the average income of women) is 29.0%, and it widens for female employees. informal, reaching 35.6%.
So, we can say that the same is not charged for the same tasks. But we can also ask: do we perform the same tasks as men and women? The tasks that women mainly perform within the home, and that correspond to reproductive work, have historically not been considered as such and, therefore, have not been remunerated. The incorporation of women into the labor market has not generated a fairer distribution of domestic and care tasks within the home. Women are still responsible for most of these tasks and spend almost twice as much time as men, even when they work outside their homes. Situation that deepens if they study or if they participate in spaces of activism and / or militancy. In other words, they work double and triple days, but they earn less than their male counterparts. And there the inequality appears before our eyes.
Feminisms and women’s movements and sex-gender diversities and dissidents have been thinking about these gaps for a long time. The sexual division of labor, glass ceilings and walls are some analysis tools that have been developed to understand this unequal reality. To understand and transform it.
Today, the idea persists that women have a natural instinct to care. Jobs that involve care and are mostly performed by women are the worst paid. Gender stereotypes are in order in job interviews, tenders, and promotion and responsibility decisions. Men are not obliged to reconcile their life at home with work outside of it, women are. Women see their possibility of training, improvement and job promotion diminished (a phenomenon called the “glass ceiling”) in the years they have children in their care. Boys don’t. The law grants women longer work licenses to care for sons and daughters. But far from being a privilege, the latter not only results in discrimination when hiring or considering a woman for promotion. It also reinforces the stereotypes of a mother woman and a father only as a provider for a typical family, which should not take care of children under their responsibility.
Women not only earn less, but are forced to spend more. There is what is known as the “tax pink”. The market offers products that are directed towards women and that are ostensibly more expensive. These products range from a deodorant, a razor to a medicine, such as ibuprofen “fem”. However, they fulfill the same functions as for men. There is no factual difference to support a different price. Only stereotypes that oppress and harm women culturally and economically are reinforced. Likewise, the sexual and (non) reproductive health of cis women, trans people and any menstruating body is affected with the absence of public policies that transform free access to elements for menstrual management into a right.
Particularly, within the current conjuncture of the Covid-19 pandemic, it can be considered a hinge, break moment in global society. Not only in the ways of functioning of the economy and the way of executing the different interpersonal relationships, but, in turn, the veil is drawn on the multiple tasks of care performed by women. These are unpaid work. Thanks to this, it is that the man can enjoy a great wealth of time that allows him to train, get better jobs and have time for leisure.
All this reinforces the inequality that doubly affects women. First, because they work for their families for free, given the naturalization of this work due to the requirement of gender stereotypes. And second, they are subtracted from the time to access, like the men, spaces for training, leisure and self-care.
Along these same lines, we must not forget that the World Health Organization considers gender violence as a social epidemic. The Observatory “Women, Dissidence and Rights” of the Women of the Latin American Matria-MuMaLá reported that since March 12, the day the first measures of social isolation began, as of April 3, 15 femicides were registered.
Lastly, we celebrate the preparation of the report on gaps by the National Directorate of Economy, Equality and Gender of the Ministry of Economy and we urge the State and the private sector to produce and put into action, together with civil society, public policies tending to close gender gaps. This can only be achieved with the elimination of gender stereotypes, inclusion in the measurements of LGBTIQ + people, analysis of the economy with a gender perspective, democratization of care and the participation of women, gender and diverse and dissident sexes in the elaboration and decision making on those policies.
Authors
- Ivana Sanchez
- Constance Attwood
Contact
- Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
During the month of March, we carried out two trainings for important social actors: health professionals and the public administration of the Province of Córdoba.
“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.
Gender at work: the gaps we inhabit and don’t see
On Thursday, March 12, we trained the personnel of the Property Registry of Córdoba, on gender and work. It had the objective of identifying the gender inequalities that exist in the formal and informal labor market, and in the paid as well as in the unpaid, to begin to reflect on the possible ways to combat them.
In a room made up mostly of women, the presence of a few men was significant and valuable in the sense of being a clear proof of the cultural change that is taking place in our society.
With comments, data contributions and questions, the people who participated in the training showed their amazement at the gender inequalities that exist in the different work environments and their interest in thinking about new strategies and lines of action to advance in gender equality. in these spaces.
Conscientious objection: the Trojan horse in the Voluntary Termination of Pregnancy laws
On Friday, March 13, we carried out a training aimed at the Network of Health Professionals for the Right to Decide. The objective was to learn about the uses and abuses of conscientious objection in the health field, and fundamentally, in sexual, reproductive and non-reproductive health services.
Conscientious objection is a legal institute that allows exemption from a certain obligation when it contradicts a person’s moral, ethical or religious convictions. However, it is often used in an abusive way, and it becomes an obstacle when it comes to guaranteeing fundamental rights, such as access to termination of pregnancy in cases where it is legal.
In a scenario in which the discussion on the law of Voluntary Termination of Pregnancy is looming, it is important to know the fundamentals behind this type of institutions, and the experiences existing so far in its practice and regulation.
Training as a guarantee of human rights
We celebrate these instances of training aimed at State agents, accompanying and legitimizing the provisions of the Micaela Law.
We understand that the gender training of these actors is essential to guarantee the rights of all people, and translates achievements achieved after years of struggles by social movements, women and LGBTIQ + people.
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
With the assumption of the new president Alberto Fernández on December 10, and after recovering his category of Ministry the health area, the third update of the National Protocol for the comprehensive care of people entitled to health was published in the Official Gazette legal termination of pregnancy. Update that a little less than a month ago was vetoed by former President Mauricio Macri, after his own Secretary of Health Adolfo Rubinstein gave him momentum.
“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”.
After the comings and goings of the previous government regarding the publication and after the repeal of the update of said Protocol, the current Minister of Health Ginés González García, a day after taking office, held a press conference at Casa Rosada in which announced that the update of the Protocol would be published in the next few hours. So it was.
Through Resolution No. 1/2019 published on December 13, what González González García had already anticipated was reflected: this protocol is an imperative of the national health policy on sexual and reproductive health.
It is nothing more than a procedural guide to guarantee the rights already stipulated by law. It also provides support to professionals who must comply with it, due to the intimidation suffered in recent times by anti-rights groups.
The update of the Protocol has few variants with respect to the previous one, resolved by Secretary Adolfo Rubinstein. One of the most relevant is the flexibility regarding conscientious objection to ensure that it does not prevent the legal interruption of pregnancy. On this issue, González García said, “we are respectful of conscientious objection, but it cannot be an institutional cut so that the law is not fulfilled.”
It is important to highlight this issue, due to what happened this year in the Province of Tucumán with the Lucia case, in which health officials hindered the realization of the ILE, waiting at 7 months of gestation to perform a caesarean section against The will of the girl. All kinds of pressure was exerted against her and her family, in addition to the violation of her rights.
In this regard, the Minister also spoke, trusting the accession of the Provinces to the Protocol so that, in this way, the rights of those who can and wish to access an ILE, and professionals who have the duty to comply with the law.
It is important to highlight that the first Protocol was prepared in 2007 during the first administration of the current Minister, and then it was updated in 2010 and 2015, when the provisions made by the Supreme Court were incorporated in the FAL Judgment of 2012 .
On this occasion and in line with the recently repealed Protocol, the update was carried out in accordance with the new Civil and Commercial Code sanctioned in 2015, and with the latest recommendations made in this regard by the World Health Organization (WHO).
One of the relevant issues in this regard is that according to the Argentine Civil and Commercial Code, a pregnant person from 16 years of age is considered an adult. Therefore, your informed consent is sufficient when requesting the application of an ILE.
Main topics
Due to the short time elapsed between the update of the Protocol by Secretary Rubinstein and the current one, the central points continue to be basically the same, as explained by Fundeps before.
It is important to continue emphasizing that the Protocol aims to “guarantee the dignity and rights of every person capable of gestating and, therefore, potential subject to the right to ILE, when their life or health is in danger, or they are taking a pregnancy product of a violation, regardless of whether it is a person with or without a disability ”.
Therefore, its main points are:
- Reaffirms the ILE as the right of women and pregnant people.
- The consent is adapted to the new Civil and Commercial Code, respecting the progressive autonomy of children and adolescents and people with disabilities and capacity constraints.
- According to the CCyC of the Nation, from the age of 16 the pregnant person is considered adult.
- Between 13 and 16, you can autonomously request an ILE when it does not involve a serious risk to your health or life.
- It recognizes the possibility of conscientious objection, but states that it cannot be an obstacle to access to the ILE.
- It guarantees the speed. The deadline between the request of the ILE and its completion must not exceed 10 calendar days. If a doctor is a conscientious objector, he must refer one who is in less than 24 hours.
- It gives security to health workers to carry out the practice.
The situation in the provinces
On this issue, the new Minister was also issued by saying that “in a federal country, much depends on the adhesion of the provinces. There are already many that are attached, but unfortunately some large provinces, such as Buenos Aires for example, did not approve the protocol. ”
Recall that in 2012, the FAL ruling urged the national State and the provinces to provide the necessary conditions to carry out legal interruptions of pregnancies quickly, easily and safely.
Until today, still 7 provinces unfortunately did not have their own regulations or adhere to the protocol of the Nation. Santiago del Estero, Tucumán, Corrientes, Mendoza, San Juan, Catamarca and Formosa, were part of this number.
The good news is that after the announcement of the Ministry of Health of the Nation, the Undersecretariat of Human Development of the province of Formosa, declared in a local environment that the province adheres to the Protocol since 2015 “always preserving the victim, point by which the adhesion in the province was not announced ”.
Beyond the reading that can be made of this statement, the important thing is that finally one more province pronounced itself publicly regarding its adherence.
The words of the Minister stating that “we do not believe that it is easy or that the protocol itself changes history, but we are willing to change history far beyond the protocol”, is a halo of hope that brings this new government, in The fact that the advancement of recognition of rights, the decriminalization of abortion and the legalization of voluntary termination of pregnancy no longer seem as distant or difficult to achieve, and we hope that they will soon be a reality.
Author
Valentina Montero
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
This Monday we present ourselves as “Friends of the court” in the case before the Court No. 7 of the province of Córdoba, by Dr. Susana Ottogalli de Aicardi, following the complaint of women victims and professionals in the area of primary health against the service of the Provincial Maternal and Neonatal Hospital Dr. Ramón Carrillo.
“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 Córdoba Public Interest Law Clinic (CLIP), with the support of the Catholic Civil Association for the Right to Decide and the Latin American Justice and Gender Team (ELA), denounced in early October the breach of Provincial Law No. 9344 of Surgical Contraception at the Maternal and Neonatal Hospital of Córdoba, for the systematic violation of the reproductive freedom of women users of the health system.
The presentation details the historical and systematic obstruction of access to tubal ligation, through institutional violence and different attacks on the dignity of women seeking access to the surgical contraception service.
In our brief, we bring to the Court relevant factual and legal grounds for the defense of the right to health and a life free of violence. Specifically, we prepare a brief updated summary of the recommendations, observations and pronouncements of international organizations that oversee the application of human rights treaties, which have constitutional hierarchy in our country.
The denial or obstruction of access to sexual and reproductive rights that involve life free of violence, non-discrimination of any kind, family planning, as well as access to health services and the information necessary to fully exercise them , constitute acts of violence, especially if they are exercised on women.
It is the duty of the State to guarantee women the full enjoyment of their rights and to prevent and punish those who do not facilitate or guarantee access to essential services to women, in conditions of security and accessibility.
It is essential that Justice be issued in favor of the effective realization of human rights, especially of the groups most historically violated and on issues of essential importance such as the right to health. The denial or obstruction of access to these rights constitutes a serious act of violence against women, which must cease immediately, by virtue of the international commitments assumed by our country, and in respect to human rights and our current legal system.
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
Within the framework of our work for access to sexual and reproductive rights from a public health perspective and respect for human rights, we request the National Administration of Medicines, Food and Medical Technology (ANMAT) to update its list of authorized medications in the country, according to the medicines that appear in the Model List of Essential Medicines of the World Health Organization. In addition, we ask that you create a national list of essential drugs for primary care.
“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 World Health Organization has a Model List of Essential Medicines (LMME), which consists of those medications that cover the population’s priority health care needs. Their selection is made according to the prevalence of diseases and their safety, efficacy and comparative cost-effectiveness.
Within the LMME of 2019 are certain medications, which are used for treatments in sexual and reproductive health, which are not in the National Vademecum of Medicines of Argentina. However, its incorporation is essential to guarantee the right to enjoy the highest possible level of physical and mental health, and the right to enjoy and benefit from scientific and technological advances.
Based on all the norms that protect these rights, locally and internationally, fundamentally the National Program of Sexual Health and Responsible Procreation, created by National Law No. 25.673, Law No. 26529 on Patient Rights, Law No. 26.743 of Gender Identity and the National Law No. 23.798 of AIDS, among others, we ask the Administration to incorporate, and guarantee the availability and access, of medicines for the treatment of the Legal Interruption of Pregnancy, treatments for HIV, medication for treatments of hormonal replacement, contraceptive methods and medications for the treatment of Sexually Transmitted Infections (STIs).
We also request that a national list of essential medicines for primary care be created, to follow, as far as possible, the guidelines established by the World Health Organization. The Special Rapporteur on the right of every person to enjoy the highest attainable standard of physical and mental health, in his 2006 report, indicated that “every State has to prepare a national list of essential medicines using a participatory process. […] A State has the basic obligation of immediate effect to make essential medicines available and accessible throughout its jurisdiction”
We believe that it is necessary to have medications that, in their necessary and appropriate doses, are in accordance with our national and international regulatory framework, while being essential to guarantee the health of people who require these practices and services, in a safe and accessible to the entire population, without discrimination.
Contact
Mayca Balaguer, maycabalaguer@fundeps.org