Tag Archive for: Gender

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Cutting resources to combat gender violence

“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”

 

At the beginning of this year, the cut for the budget aimed at eradicating gender violence in our country was evident, which was later clarified by the authorities of the National Women’s Council (current National Institute of Women) , recomposing such “error”. This movement aroused an alert to the organizations for the serious lack of transparency and clarity on the management of the public funds that would go to the Council.

In this context, it is worth noting that our country has signed and ratified a series of international agreements and treaties relating to human rights for gender equality (the International Convention on the Elimination of All Forms of Discrimination against Women and the Inter-American Convention on the Prevention of All Forms of Discrimination against Women , Sanctions and Eradication of Violence against Women), which oblige the State to develop public policies with the maximum resources required, mainly technical and economic, to guarantee the exercise of rights by women on equal terms with men.

Ignoring these commitments, in September of this year the budget for 2018 was presented, from which a number of civil society organizations (ELA, ACIJ, CAREF, FEIM, MEI and the Siglo 21 Foundation) once again alerted a reduction in the budget allocated to INAM, the main body of application of Law No. 26,485 on Comprehensive Protection for Women, and the lack of clarity and disaggregation of the budget directed at other programs to eradicate violence against women. The difference is 17% less than the current year, taking into account only the official inflation forecasts for the coming year.

The budget gap is more significant if one takes into account that the creation of INAM was established in order to give greater economic autonomy and institutional hierarchy to the body that regulates gender equality policies.

The budget forecast for next year is alarming, especially if we consider that in our country women receive a lower wage of up to 27% less than their male counterparts for the same work performed and are the most likely to work in precarious conditions, the figures of femicides amount to one every 18 hours, that the symbolic and media violence is reproduced through the media by the crisis of the institutions created for its monitoring and eradication.

We note that the budget cut and the absence of a clear picture of the resources that will be allocated to public policies aimed at promoting gender equality in various areas, jeopardize all the positive measures and actions that are being developed in this area. sense and backtrack with the national and international commitments made.

We add that the lack of disaggregation and budget specification towards gender policies shows serious difficulties in addressing the need to incorporate the gender perspective in matters related to the resources allocated, and also prevent their monitoring and monitoring in order to guarantee their fulfillment. In this sense, the State’s action is questionable, since, if it has committed itself to fight against gender-based violence, the measures and the budget approach for this purpose should not reproduce inequalities and violence against women.

The invisibilization and lack of clarity on the budget lines destined to most of the most important programs to guarantee the equality of opportunities and to combat the macho violence (except for some exceptions like the Program of Integral Sexual Education and the Victims against the Violence among others) , create a gray space that would allow the state to shape and alter public funds in favor of interests and contingent needs that could affect the survival and effectiveness of public policies to ensure gender equality.

That is why, once again, we adhere to the demand of civil society organizations against the budget reduction and in favor of transparency and specification regarding State funds allocated to public policies aimed at eradicating the violence that relapses in an insistent and relentless about so many women.

Contact

Cecilia Bustos Moreschi – cecilia.bustos.moreschi@fundeps.org

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32nd National Meeting of Women: a movement that resists

“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

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We continue to build equality from the right

“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

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70 years of female vote

“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”

 

However, in order to start being elected the process was very different. Only through the Act of Women’s Occupation in 1991, the representation of women began to be guaranteed by the State. This law allowed the structures of gender inequality to begin to be overcome. The numbers speak for themselves: before the law, women elected to public office in Congress did not exceed 6% of all seats. Today women occupy 41.7% in the Senate and 38.5% in Deputies. However, there is still a long way to go.

At present, although women make up more than half of the population, female representation does not reach 50% in any decision-making space. According to an investigation carried out by the Latin American Justice and Gender Team (ELA) on the elections, in 2017, there are very few lists that do not comply with the Women’s Act. However, the parties’ interpretation of its application has begun to transform itself into a roof over participation, rather than a guarantee tool.

In the provinces where a parity law has been implemented (Salta, Buenos Aires), the female representation has been higher, but this is not evident in the rest of the country. That is why it is necessary to generate mechanisms that can promote a real commitment to gender equality in political parties, as well as the implementation of a national law of parity that guarantees a representation of women that is in accordance with the social configuration of gender.

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Presentation of report on media violence against women before CSW

The CSW is a body under the Economic and Social Council of the United Nations (UN), which began its functions in 1946 as the “main international intergovernmental body dedicated exclusively to the promotion of gender equality and empowerment of the woman”.

It meets annually, and in this event are the UN member states, civil society organizations and bodies of the UN Human Rights System. In this space, the actions of States to meet the commitments made at the 1995 Beijing World Conference on Women, its Declaration and Platform for Action, and the 23rd Special Session of the General Assembly in 2000 (Beijing +5). It also addresses relevant issues on the situation of women worldwide

From these sessions, the discussions and agreements that arise and the reports presented, the CSW generates conclusions and recommendations, which are then sent to the Economic and Social Council for follow-up.

The review theme for the 62nd session of the CSW, to be held in March 2018, focuses on “Participation and access of women to the media and information and communication technologies, as well as their impact and Use as an instrument for the advancement and empowerment of women”

Our Report

More than three years ago, along with Communicating Equality, we have monitored the organs of the State that must apply the protective norms of women in the media.

Our first research was crystallized in the publication “Gender Violence and Public Communication Policies“. Subsequently, policies related to gender and communication suffered regressive measures, which, far from improving what has already been achieved, have regressed in the role of guarantor of State rights.

In the report that we presented to the CSW, such measures were presented, as well as recommendations to achieve greater protection for women and the hearings of Argentina.

Among the regressive measures mentioned in the report are:

– Public Defender: Despite the efficient and participative management of the organization, this has been interrupted since November last year, when the Bicameral Commission, which should appoint the maximum authority of the Ombudsman’s Office, decided not to appoint anyone at the end of the term Of the first Public Defender, Lic. Cyntia Ottaviano. At present, the DPSCA is in an irregular situation and without capacity to carry out activities that go beyond mere formal and administrative communications. This limits the taking of comprehensive measures in cases of media violence based on gender or any other. This situation further aggravates Argentina’s failure to comply with the recommendations made by the CEDAW Committee in its Concluding Observations on the seventh periodic report of Argentina in 20167, especially paragraph 19, item “d”, in which Urges that “Law 26,522 of 10 October 2009 on Audiovisual Communication Services be amended in order to empower the Ombudsman to punish violations of provisions relating to gender stereotypes and sexism in the media Communication”.

– ENACOM: Since the dictates of the Decrees of Necessity and Urgency No. 13/2015, 236/2015 and 267/2015, a new body was created, ENACOM, which displaced the AFSCA, being the same subsumed in that body, Along with their faculties and functions. In flagrant violation of international commitments, and by taking regressive actions regarding the protection of the rights of the hearings, the law was ignored, and the protective scaffold created was dismantled.

These actions by the new government overlapped with the decrease in the budget of ENACOM, and a worrying uncertainty about how the new public regulatory policy for the media will become available. As of the end of 2015, there were no sanctions regarding violent content issued in the media, nor any formal response to requests for information made by civil society organizations in this regard.

– Observatory on Discrimination in Radio and Television: The Observatory as a tripartite body was dissolved in 2017, although apparently did not carry out its usual functions since January 2016, adding to the widespread disruption of public policies protecting gender and communication.

– National Women’s Council: Since 2016, the National Council of Women has taken a more active role in dealing with cases of symbolic and media violence and in early 2017 the Observatory for Symbolic and Media Violence – A bipartite body composed of the National Council of Women and the National Entity for Communications (ENACOM). So far in 2017, the Observatory intervened in 17 cases of media violence ex officio or at the request of whistleblowers. The intervention in most of them was carrying out a report of analysis of the situation discriminating and stigmatizing and sending the same to the mass media.

– Monitoring Office for Publication of Sexual Trade Offer Notices: Since its creation in 2011, until December 2015, OM has achieved that 85% of the media monitored (110 of the entire national territory, with national coverage, Regional and local) to comply with the current legislation, leaving notices of sexual offer with expressions degrading and discriminatory towards women by all media surveyed. He also conducted trainings and conferences throughout the country to raise awareness of media violence through specific media support and collaborated with the judiciary by providing data on individuals and networks that publish notices on trafficking in persons for Sexual exploitation.

Since December 2015, he has not published any reports on his actions.

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

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Rosario received us at the Third Meeting on Women and Ecology

“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 social movements that face the environmental problems and the gender inequality are due to a historical link to promote solutions that are integral and from a perspective that generates spaces of debate for equality and care.

Both environmentalism and feminism have championed their struggles against forms and logic of dominance that have engendered deep cracks in society and the world. Both spaces share the need to generate healthy forms of collective care, and their activism has always been female.

The Workshop Ecologist of Rosario has made the proposal to enter into little-known views, such as ecofeminism, to be able to continue making progress in the search for better alternatives to achieve a better relationship between communities, and society and the environment.

In this context, we participated in the Encounter “Women and Ecology. Weaving networks to rethink the present and build the future “that allowed us to generate links between organizations that work with environmental issues from a human rights perspective, with a special focus on gender inequality. In this way, and weaving networks between organizations, we start a path so that our actions are not isolated, and that each experience can nourish the activities we do, and thus empower and organize to generate greater and better impact.

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

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Religious freedom should not be anti-rights

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

 

We note with concern the urgency and selectivity with which we are dealing with the problematic bill submitted by the National Executive Branch on June 12 under number 0010/PE/2017. This project, aiming to regulate religious freedom, incorporates the questionable figure of the institutional conscientious objection and generates mechanisms of institutional violence and violation of human rights.

This proposal not only jeopardizes the legitimacy of the legal system by proposing as a rule the possibility of excepting compliance with the law, but also seriously compromises the international obligations assumed by the Argentine State. This is so insofar as there is a great potential to obstruct the fulfillment and guarantee of many human rights, such as health, identity, non-discrimination and life free of violence, as well as to affect vulnerable groups such as children and adolescents , And people with disabilities.

Although the draft mentions several human rights treaties, it is widely misunderstood in their interpretation, in view of the many jurisprudential precedents given by our country’s courts in this area, as well as the recommendations of the corresponding human rights committees. In this way, it aims to erect as a guarantor standard, but in its drafting institutes mechanisms that preclude access to basic rights that must be guaranteed by the State.

Institutional conscientious objection, in practice, makes it possible to carry out generalized discriminatory acts against certain groups, historically relegated. Imagine a person who is in a position to request surgical intervention for genital reassignment, before institutions that by religious belief may violate their right to identity and psychophysical health in an institutionalized way.

The presumption of good faith granted by the project to the person exercising the conscientious objection reverses the burden of proof to the detriment of citizenship, making each person to judge each case, since the final interpretation of the constitutionality corresponds to the Power Judicial. This would generate serious mechanisms of institutional violence, and our State has acquired international commitments for the purpose of eradicating such violence. Let us not forget: in what democratic state can a person evade compliance with the law because his faith dictates it?

It also legitimizes the risk of children and adolescents, as well as persons with disabilities, when it enables its representatives to exercise conscientious objection on their behalf. This could lead to denial of certain medical treatments by representation, which has been widely rejected by our courts.

Likewise, in order to safeguard the rights of non-Catholic religious communities, churches and other denominations, it does not regressively recognize sexual and non-reproductive rights and international standards in this regard. In this regard, it should be recalled that conscientious objection is not recognized as a human right, and that the Committee on Economic, Social and Cultural Rights (General Comment No. 22 March 2016) stated that, should States regulate it , This must be done in a way that does not impact on access to sexual and reproductive health. This recommendation is not observed in the project, much less in the hermetic treatment that is being given.

On the other hand, and what is not less, it is possible to rescue that by definition legal persons and / or entities do not possess the consciousness or subjectivity that seeks to protect the notion of conscientious objection. What religion or belief can a legal entity claim?

A rule that seeks to incorporate, in a generalized, discretionary and presumptive manner, the exception to the fulfillment of legal obligations, seriously compromises legal certainty, the bases of our rule of law, and the exercise and guarantee of human rights. Religious freedom is already guaranteed by our National Constitution, and by human rights treaties with constitutional hierarchy. This bill only undermines its exercise, and in turn implies an express and serious acceptance that not all of us have the same duty of obedience before the law.

The pronouncement of the organizations

We adhere to the rejection letter to Bill 0010 / PE / 2017, prepared by the Abogadxs National Alliance for Women’s Human Rights, which is joined by more than 100 recognized organizations and institutions from all over the country, and more than 400 experts and law specialists.

This letter will be presented to the Commissions for Foreign Affairs and Worship, Penal Legislation and Budget and Finance, of the Chamber of Deputies of the National Congress, in order to make known the institutional gravity that matters the consideration of this project, and the concern for its Selective treatment.

Author

María Julieta Cena

More information

Virginia Pedraza – vir.pedraza@fundeps.org

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Female quotas YES are required

“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 recent resolution officially ruled by the federal judge with electoral competence in Santa Fe, Reinaldo Rubén Rodríguez, who is challenging the list of 15 national deputy candidates, presented by the Ciudad Futura political space, is in debate. The magistrate ordered that Law 24,012 guaranteed equality of opportunity and treatment for women, which also has to be guaranteed for men. This statement generates an immediate question: What is the lack of access opportunities that men have in political spaces, in relation to women?

Unfortunately, in the wake of the interpretation of our Constitution, and in particular Art. 37, the provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) continue to be ignored. English), which enjoys a constitutional hierarchy and must be mandatory as a current and complementary norm of our Charter.

Article 4 (1) of the CEDAW states: “The adoption by States Parties of temporary special measures to accelerate de facto equality between men and women shall not be considered discrimination in the manner defined in the Convention. This Convention shall not, however, entail, as a consequence, the maintenance of unequal or separate standards; These measures shall cease when the objectives of equality of opportunity and treatment have been achieved”.

Female quota laws are nothing more than these “special temporary measures” established in this body of legislation, which must cease when the objectives of equality of opportunity and treatment have been achieved. From there comes the question: Have we already achieved such equality between men and women?

Recently, after the ruling in Santa Fe, some newspaper articles have branded Law No. 24,012 as “discriminatory for men.” But, although women are more than half the population, how is it possible that in no space for decision-making in our country we have reached 50% representation?

Gender inequality is manifest in all spaces, and the political is clearly included. Even more so when speeches that de-legitimize quota laws are tirelessly reproduced. Mandatory female representation by quota is the first step to ensure equal opportunities. Political parties must find female representatives, with sufficient qualifications and qualifications to fill these representative positions, so that they truly speak for women who are part of such spaces.

It is not the quota laws that compel the parties to make the candidates the “wives of” or “figures of the spectacle or sport without vocation for politics and fictional candidates or testimonials who “smiles smiling”, as some notes Journalism. It is the machista mechanisms themselves that do not recognize women with sufficient autonomy and merit, as apt to occupy such positions of fundamental democratic importance.
It remains difficult to understand the debate around quota laws, when no alternative proposals have been heard or read that guarantee real spaces for women, who have historically been relegated to the private, far from politics. Let us not forget that it was only 69 years ago that women have acceded to the right to vote, and that Law 24,012 was enacted only in 1991.

Before the validity of the Act on Women, the women representatives of their parties in Congress did not exceed 6% of the total number of seats. After its promulgation, in 2005, the female participation reached 36% in the Chamber of Deputies and 42% in the Senate. At present, women occupy 41.7% in the Senate and 38.5% in Deputies.

The quota laws are necessary, and society and the Argentine political community remain indebted to democracy, because parity is not yet real. Let us not go back, and move forward to make room for equal opportunities and treatment between women and men.

Antes de la vigencia de la Ley de Cupo Femenino, las mujeres representantes de sus partidos en el Congreso no superaban el 6% del total de las bancas. Luego de su promulgación, en el año 2005, la participación femenina alcanzó el 36% en la Cámara de Diputados y el 42% en el Senado. En la actualidad, las mujeres ocupan el 41,7% en la Cámara de Senadores y el 38,5% en Diputados.

The quota laws are necessary, and society and the Argentine political community remain indebted to democracy, because parity is not yet real. Let us not go back, and move forward to make room for equal opportunities and treatment between women and men.

Sources

– Journalists and women politicians, a boom in list building. Editorial. Diario Clarin. Buenos Aires, 25/06/2017.

– Female quotas are not necessary. Editorial. Diario La Nacion. Buenos Aires, 09/07/2017.

– Gabriel Sued. Women unite in Congress for an increase in the female quota. Diario La Nación, Buenos Aires, 16/08/2016.

– Marcela Ríos Tobar. Woman and politics. The impact of gender quotas in Latin America. Catalonia. Santiago, Chile, 2008.

More information

Virginia Pedraza – vir.pedraza@fundeps.org

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Workshop on Gender Violence with Las Omas

“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 most vulnerable areas of our country, women are traced by the most serious violence. The rights we have conquered and the laws that we must protect often take time to come in their application, and communities are not always properly informed about how to make effective the guarantees offered by the State.

In the area of ​​collaboration and accompaniment that we built together with Las Omas, we also understand that it is important to strengthen the ties and ties between the women who make it up, since the networks of containment between women are the first that help to overcome those who face to the worst situations of violence.

The activities and mechanisms generated through Las Omas, with the women who make it up, are an essential tool for the follow-up actions that can be started and can be reinforced over time. That is why we have proposed to carry out workshops on gender violence, its types and the mechanisms of protection provided by the State. But this would be little if it is not complemented with tools that strengthen the bonds between those who are part of the community.

The first Gender Violence Workshop we conducted focused on promoting the development of ties and links that could serve to reinforce support mechanisms among women, so that confronting situations of violence can be collective, with the support of those who have overcome the obstacles, from those who can understand each other, and that in this way, women continue to take care of us in the fight against gender violence.

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

The acquittal of “Belén”

As was the news in the past few months, “Belén”, the Tucuman woman who had been imprisoned for two years accused of the murder of her newborn baby in a hospital, was acquitted by the Supreme Court of Tucumán on March 23 of this year.

“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 first instance, “Belén” had been accused of “homicide aggravated by the bond and treachery.” The Criminal Chamber sentenced her to 8 years in prison considering her state of puerperium as a mitigating factor. That conviction was based on testimony from doctors, nurses and police officers who were in the hospital that day, saying that “Belén” had had a premature birth in the hospital bathroom and had dumped the baby into the toilet.

However, the judicial process suffered from serious breaches of due process guarantees, among which we can mention: it was never found that the body found was indeed a child of “Belén” because no DNA tests were performed; She did not have an adequate legal defense, which remained passive in the recognition of the facts against the defendant’s sayings; Most of the evidence was obtained in a serious violation of professional secrecy, among others.

Since lawyer Soledad Deza, a Catholic law litigation coordinator for the Right to Decide, took her case in 2016, hundreds of social organizations that fight for women’s rights echoed and asked for the young woman’s freedom, Which took place on August 16, 2016, after having spent more than two years in prison.

We celebrate the resolution of the Supreme Court of Tucumán that at the end of March of this year, it dictated the acquittal of “Belén”, while laying the foundations on which human rights guarantees should be supported for every woman attending a medical center To be attended to.

In this sense, in the ruling and the vote of Dr. Daniel Oscar Posse, it is understood that the situation that “Belén” suffered in the hospital was institutional violence,

“Since the rupture of the commitment of professional reservation was added a succession of facts that nothing is consistent with the treatment that should receive a person in clear state of vulnerability, in this case a woman, who went to the Hospital to receive urgent medical care : It was incriminated to be the author of the fact accusing her from the first moment of lying about her alleged ignorance of her state of pregnancy; The body of the dead child was displayed as a kind of moral punishment in a box; She was subjected to medical treatment without being given any explanation about the cause and extent of it; All their rights to confidentiality and privacy were violated, in clear violation of the health team’s obligation to maintain medical secrecy, even allowing the presence of police personnel in the midst of the practice of curettage. That is to say that the incartada was absolutely relegated from its state of patient, dispensing to him from there a direct treatment like rea“.

He also stated that “despite assuming that the accused was in a situation of defenselessness, the Court (appealed) did not act accordingly to ensure that the “Belén” lawyer was deficient in the first instances of the trial, The guarantees of due process and defense at trial, but, on the contrary, used such defenses or defensive defenses to underpin the conviction of the accused “(the bold is ours).

On the other hand, it recognizes that

“All the evidentiary material of charge – apart from illegal as much in its origin and incorporation, as I exposed it when dealing with the question of the violation to the professional medical secret – is confused, ambiguous and contradictory, what nullifies any possibility of that it arrives certainty. There is not a single element of proof of charge that does not present some bankruptcy”.

He then mentions, one after another, the shortcomings of the evidence provided by the Office of the Prosecutor and valued by the Court that unjustly condemned “Belén”. In this regard, we would like once again to congratulate the clarification of the Tucuman Court when it clarifies that “it is useful to state that in the case there is another phase of verification of institutional violence against the accused, now in the judicial sphere, in addition to the one mentioned Previously occurred within the framework of medical care provided to the young woman”

Finally, in the vote indicated, it is determined that

“This institutional violence in the medical and judicial spheres is immediately embedded with the gender issue, because many of the serious shortcomings pointed out would not have been verified in a case with a man as an alleged perpetrator. In order to know if gender stereotypes were present in this process, one only has to ask: had a conviction of aggravated homicide been reached because of the attachment of a man to a cause where the body of the crime was lost and there is no data to allow Know the effective relationship between victim and perpetrator? With an autopsy with incongruities such as the sex of the victim or her gestational age and with a cause of death not clearly and precisely determined? Would it have been supported that the defense did not make any proposal in front of these situations and did not propose proof of defense? Would the defense have been allowed to occur contrary to the position of innocence sustained in the statements and words of the accused at all times?”

We understand as a fundamental pillar for the progress in the guarantee of the human rights of women, the explicit acknowledgments of institutional violence of gender by the legal operators. These kinds of resolutions based on human rights and the recommendations and observations of the committees that supervise them, make visible the seriousness of these facts and contribute to the construction of behaviors deprived of stereotypes that denigrate, violate and violate citizens.

Lastly, it is worth mentioning the vote of Dr. Antonio Gandur, when he points out that

“Considers it pertinent and necessary to carry out a thorough training process through lectures, meetings and workshops by the Human Rights Secretariat of this Court in coordination with the agencies of the Siprosa (Provincial Health System) to inform medical operators Provincial the current legal framework as well as the appropriate way of acting on issues related to the present case.”

We hope that such instances of formation will be carried out with the main objective of guaranteeing the rights of the citizens, preventing and eradicating violence in the life of women, and the full enjoyment of their sexual and reproductive rights.

Contacto

Virginia Pedraza – vir.pedraza@fundeps.org

Mayca Irina Balaguer

The interruption of pregnancy as a health problem: approved the first university chair of the country

The Board of Directors of the Faculty of Medicine of the National University of Rosario (UNR) voted, at the beginning of May, to incorporate an optional subject that addresses the practice of termination of pregnancy in cases permitted by law, such as Public health problem. From FUNDEPS, we celebrate the resolution.

“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 Faculty of Medicine of the UNR will be the first to have a chair on termination of pregnancy. Unanimously, the Board of Directors approved the incorporation of a matter that addresses the legal interruption of pregnancy (ILE), that is to say, in cases permitted by law, from a public health perspective, with the objective of training and / Future health professionals.

The subject will be optional and will seek, among other questions, to problematize medical students about the legal framework in force in Argentina, the regulation of conscientious objection and the process of care and attention of women at different levels of the situation Of the interruption of pregnancy. It will include counseling on contraceptive methods and teaching the use of available medical technologies to ensure an ILE.

Discontinuation of pregnancy is a public health problem as it represents the leading cause of maternal death. According to the Shadow Report presented by ANDES, CELS and FEIM, among other organizations, in Argentina, between 460,000 and 600,000 clandestine abortions are practiced annually before the Committee against Torture. Over the past 30 years, complications from unsafe abortions have been the leading cause of maternal mortality and account for one-third of all deaths. In this sense, it is urgent that the State guarantee a training in accordance with the law in force, which will enable medical professionals to approach the problem from a human rights perspective.

From FUNDEPS we support the initiative. It is the duty of the State to guarantee the conditions for women to enjoy the full enjoyment of their sexual and reproductive rights, and we consider that the training of our and our health professionals in this field is essential.

Author

Antonela Vanini

Contact

Virginia Pedraza, <vir.pedraza@fundeps.org>

The High Court of Justice and its doctrine on femicides

The High Court of Justice of the province of Córdoba (TSJ), established the criteria on how cases of femicide should be treated, confirming Gonzalo Lizarralde’s life sentence for the crime of Paola Acosta, stating that he measured gender violence And it was a femicide.

“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 sentence of the 11th Chamber of the Crime, reviewed by the TSJ, had condemned Lizarralde to life imprisonment for homicide classified as treachery against Paola Acosta and for homicide qualified for the bond and for treachery in an attempt against his Daughter, MA Both the defense and the complaint married this sentence and the TSJ was issued last month confirming the conviction, but with the aggravating of femicide.

The Chamber had dismissed the application of this aggravating factor because it understood that there had been no gender violence, stating that “Acosta and Lizarralde had an informal and short-lived relationship of a few months.” The Chamber also pointed out that the personal characteristics of the victim prevented the application of the femicide figure, since it was a woman who “was not docile” and who “decided to empower herself in defense of her rights and those of her daughter” .

The TSJ ruling is the first of this court that addresses the figure of femicide, which is why they established their interpretive criteria.

In principle, it clarifies that in this case it was a case in which a man assaulted against a woman using gender violence, and considered that Lizarralde committed the homicide against Acosta based on gender bias

Consider, it is not essential that there is a stable, formal or cohabiting relationship. Homicide must occur in a context in which women are in conditions of inequality with respect to men. This context must be evaluated by the judge according to each specific case, but no personal characteristic can be demanded in the victim (that is submissive or of weak character, for example).

It is especially important to note that the TSJ took into account that the femicida understood that she would not resign her personal choices to the responsibility that takes care of a girl’s care, which led him to overcome the burden of pregnancy and the assistance of his Daughter, leaving everything in the hands of the victim for three years. This left Paola in a situation of vulnerability and inequality, which she herself sought to reverse through a family judicial process. The death of Paola meant to impose the plans of life of the femicide over those of the victim and his daughter.

We welcome this judicial pronouncement because we believe it is essential to raise awareness and raise awareness of this extreme form of violence, which is only the last step in violence against women. The aggravating factor of femicide acts when the damage is already done, which makes it necessary to accompany this type of actions with policies aimed at prevention.

In times of intense debate about the State’s punitive response to violence against women, which has proven to be insufficient, we insist on a comprehensive and preventive approach that includes violence in all its forms.

More information

Author

Mayca Balaguer

Contact

Virginia Pedraza – vir.pedraza@fundeps.org