Tag Archive for: Sexual and Reproductive Rights
After the request for information presented in October, the Ministry of Health provided data on the implementation of the Legal Interruption of Pregnancy in the province, starting from the entry into force of the local protocol that had been suspended.
“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”
With the fall of the precautionary measure that suspended the application of the provincial guide for the care of non-punishable abortions, the health services of the province of Córdoba began to guarantee the practice in those cases where the pregnancy was the result of rape, or implied a risk to the life or health of the pregnant person, as indicated in art. 86 of the Penal Code.
As indicated in the response sent on December 3, 2020, from September 1, 2019 (the court case was terminated on the 24th of that month) until November 30, 2020, a total of 949 were registered in the province. Legal Interruption of Pregnancy practices: 112 correspond to 2019 and 837 to 2020.
Of this total, the most invoked cause was the risk to comprehensive health, for which 906 practices were carried out (96%). Because it was a risk to life, 20 practices were carried out (2%). The causal violation was invoked in a total of 22 practices (the other 2%).
ILE quantity
From September 2019 to November 2020
Causal health hazard - 95.6%
Causal violation - 2.3%
Causal danger to life - 2.1%
With regard to training and training instances, the agency reported that 6 weekly virtual meetings were held by the National Directorate of Sexual and Reproductive Health of the Ministry of Health of the Nation (in June and July 2020), and 1 meeting virtual organized by the National Directorate of Sexual and Reproductive Health, articulated with the Provincial Program Maternity and Responsible Paternity, in June 2020.
Regarding the purchase and distribution of medicines and supplies to carry out the practice, the Ministry reported that in 2019, 135 misoprostol treatments were used, all from the National Directorate, and in 2020 a total of 1,248. among which 698 come from the National Directorate or clearing operations with other provinces, and 550 were purchased directly by the provincial Ministry.
Incomplete information
Despite having responded to the request for information, the Ministry of Health failed to answer all the questions regarding how conscientious objection operates by health professionals and how referrals for this reason are in practice. It also did not answer questions related to the budget for these services.
It is not the first time that the Ministry of Health fails to comply with a request for access to public information. In 2019, after submitting a request on the same issue, the Administration only responded after we went to court, through an injunction for delay. Even so, the information that he presented in the context of the file was incomplete, so we continue to demand before the courts that he fulfill his duty to provide public information in a timely manner.
The province of silence
There were 7 years in which the local guide to access abortion for reasons contemplated in the Penal Code was suspended. During all that time, pregnant people who needed to access the practice had to do so in health centers in other jurisdictions or, directly, in hiding. It was the feminist networks that generated channels to refer cases and assist them despite the judicial blockade.
Today the new law 27,610 on Voluntary Interruption of Pregnancy is in force throughout the national territory. With its publication in the Official Gazette on January 18, and having entered into force on January 24, it is striking that the Ministry of Health of Córdoba has not yet ruled on the matter. No public statement has yet been made on how the province’s health services will be organized for law enforcement purposes.
But the right to interrupt the pregnancy freely until the 14th week of gestation, along with abortion for reasons, is enforceable and must be guaranteed in Córdoba and throughout the country.
More information
Contact
- Mayca Balaguer, maycabalaguer@fundeps.org
Civil society organizations demand, after the precautionary measure decided by a Chaco fair judge, that access to the voluntary interruption of pregnancy be guaranteed in that province. It is a right won in a democratic process, after a long debate in Congress.
“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”
Law 27610, which regulates access to voluntary interruption of pregnancy and post-abortion care, must be fully applied throughout Argentina. After the precautionary measure resolved by the fair judge, Marta Beatriz Aucar de Trotti, in charge of the Civil and Commercial Court No. 19 of the city of Resistencia, which suspended the application of the law in the territory of Chaco, we demand that no Zones of discrimination are created for the rights to health and autonomy of women and other people with the ability to gestate based on the domicile set in one or another province.
The action was filed by six people, who argued an alleged contradiction between the Provincial Constitution and national law and asked that the law be suspended throughout the territory. The judge omits to rule on the inadmissibility of such requests in our legal system and is unaware that no judge can suspend the validity of a law with general effects. In addition, she does not warn that the fact that the Chaco Constitution protects life from conception is not an obstacle to the application of the law, neither in Chaco nor in any of the other provinces that provide that type of protection. This evaluation of the constitutionality of the abortion legislation was already carried out by the Supreme Court of Justice of the Nation in the “FAL” ruling in 2012.
Amnesty International, CELS, the Latin American Justice and Gender Team (ELA), Mujeres x Mujeres and Fundeps emphasize the importance of both the provinces and the national State upholding the law and questioning judicial decisions that put the right to abortion in crisis , particularly when they do so in violation of the principle of constitutional supremacy, the division of powers and distort the democratic debate.
The Supreme Court of the Nation has already said, within the framework of a precautionary measure that suspended throughout the country the application of the audiovisual communication services law, that a precautionary measure that suspends the validity of an entire law with general effects for the entire population, is incompatible with the concrete control of constitutionality of the laws, the division of powers and reasonableness.
Beyond the differences with this case, when issuing a precautionary measure, judges must take into account the credibility of the rights affected and the danger of delaying a decision on the case. To do so, it must analyze the consequences of the issuance of its measure in a broad way, taking into account the interest of society as a whole and the impact on the rights enshrined.
In the precautionary measure issued, the existence of an infringed right to the plaintiffs, nor the danger of delay, are not proven. And what is very serious, the measure puts at risk at the local level the right to health of women, girls and people with childbearing capacity.
Decisions of this type only undermine the use of legal tools, so important for the guarantee of rights such as precautionary measures, and the legislative process carried out with a wide debate in December, supported by strong social support and with the transversal accompaniment of the main political forces.
It is important that the users of these services and with the right to access the voluntary interruption of pregnancy as established by Law 27,610 know that the national State and the provinces must guarantee their access throughout the country. Until the Chaco justice reverses this precautionary measure, we must emphasize that the right to legal abortions in force in Argentina for a hundred years (that is, if the pregnancy was the result of rape, if the pregnancy affects the health of the person or if it puts your life at risk) is in force in Chaco as in the entire national territory, and health personnel must provide those services.
Faced with attacks of this type on existing rights, we insist that the provinces and the national State question the judicial decisions that deprive women, girls and people with the capacity to gestate in the exercise of their sexual and reproductive rights, including the right to abortion. We must continue to take care of everyone’s health.
Amnistía Internacional Argentina
CELS
ELA
Fundeps
Mujeres x Mujeres
After almost 12 hours of session, with 38 votes in favor, 29 votes against, 1 abstentions and 4 absent senators, the Senate approved the Law of Voluntary Termination of Pregnancy. The Campaign for Legal, Safe and Free Abortion, after 15 years of struggle, celebrated the historic day at the end of the vigil at the gates of Congress and in public spaces throughout the country.
“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 early hours of the morning, this Wednesday, December 30, the presentations by senators and senators ended and the Voluntary Termination of Pregnancy law was called to vote. The bill already had the half-approval of the Chamber of Deputies, who approved it with 131 votes, against 117 negative votes and 6 abstentions.
A law to decide what lives we want to live
The law establishes the right of women and people with other gender identities with the capacity to gestate to decide the interruption of pregnancy, request and access abortion care, and receive post-abortion care in the health system services.
Free access is foreseen until week 14 of gestation. Outside this period, access can only be made in the event of rape or if the life or integral health of the pregnant person is in danger (that is, the causes that are already recognized in our legal system through Art. 86 of the Penal Code , with the interpretation made by the Supreme Court in the FAL ruling).
15 years of a huge federal struggle
With a presence in more than 120 cities and towns throughout the country, simultaneously, the National Campaign for the Right to Legal, Safe and Free Abortion participated in this historic day. By raising their green handkerchiefs high, symbol of the struggle for the right to decide throughout the world, they were finally able to celebrate having conquered the law, which is the product of the struggle of thousands and thousands for more than 15 years.
This triumph will inspire us to continue expanding rights in each space we inhabit. And not to give up. We know that the conquest of the law is only the first step. We will continue working for its effective application and the guarantee that all pregnant people can decide which lives to live.
Después de 20 horas de sesión, con 131 votos a favor, 117 votos en contra y 6 abstenciones, la Cámara de Diputados dio media sanción a la ley de Interrupción Voluntaria del Embarazo. Esta semana inicia el tratamiento el Senado, con reuniones de comisiones y un nuevo dictamen que será votado el 29 de diciembre.
“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 Friday morning, after long hours of presentations by deputies and deputies, the vote on the IVE law was held, resulting in its half-sanction. While thousands of activists accompanied the discussion, from their homes or in public spaces in the vigils organized by the National Campaign for Legal, Safe and Free Abortion, the venue was once again filled with speeches for and against. Much of what we heard had already been said in the legislative treatment of 2018. It is that the scenario has not changed: the clandestinity of the practice poses a danger to life for pregnant people, and the possibilities of accessing it in conditions of legality and security are a matter of public health, social justice and human rights.
Deputy Gabriela Cerruti was in charge of making the closing speech of the majority opinion. Her words explain in a very simple way the sexual division of labor, and how women have historically been burdened with the responsibilities associated with reproduction and care. “It is not news that this world is unfair. […] We women know it perfectly, because for centuries they forced us to give birth to send our children to war. For centuries they forced us to give birth to exploit our kids in factories. […]. What we have come to ask you today is: stop making women’s bodies the territory of dispute of what the economy and politics cannot solve. The world is indeed unfair, but the answer is not in our womb. On the contrary: the world is unfair because it was built 500 years ago on a system based on the exploitation of women and nature. And we are the first to put ourselves in front of the battles that have to be fought to change that worldview of the world and so that the world is effectively for everyone, and so that we can live in a world in harmony, in a world better, in a world where we can all exercise our desire and our decision. “
At the end of the speech, he gave rise to an interpellation about the next discussions that should take place in our society: the distribution of care. “Care policies have to be part of State policies and they have to be part of our discussions because we have been the cheap labor that sustained this system in the last century. They would not have built their businesses, their fortunes, or their factories if we had not been in the houses taking care of the children, the parents and the husbands. We did it for centuries and we don’t want to do it anymore, or we want to do it when we decide to. Because choosing is not only choosing whether to be pregnant or not, choosing is choosing the life project, it is choosing at all times what we want to do ”.
How did the deputies vote according to their gender?
Voting results can be analyzed from several perspectives: by province, by party or political alliance, and by gender.
We are interested in specifying the latter. Of the total of 109 female deputies, 62 voted in favor, 45 against and 2 abstained. Of the total of 147 deputies, 72 voted against, 69 in favor, 4 abstained and 2 were absent. In other words, in proportion to the integration of the Chamber, it was the female vote that marked the trend in favor.
Este dato es importante para reforzar la importancia de la paridad de género en el Congreso. Las elecciones del 2019 fueron de estreno para la ley 27412 de paridad de género en ámbitos de representación política, y dieron como resultado un 10,3% de aumento en la proporción de mujeres que integran la Cámara. Y si comparamos el voto femenino de la votación de la ley de IVE de 2018 con el de 2020, el incremento es de casi un 20%.
All these data can be read in this report published by the Undersecretariat for Parliamentary Affairs of the Head of the Cabinet of Ministers of the Nation.
How is the opinion that was approved?
The approved bill is based on the one presented by the Executive Power, with the modifications introduced by the plenary of the committees prior to voting.
It is a law that establishes the right of women and people with other gender identities with the ability to gestate to decide to terminate pregnancy, request and access abortion care, and receive post-abortion care in the services of the health system.
Free access is planned until week 14 of gestation. Outside this period, access will only be possible in the event of rape or if the life or integral health of the pregnant person is in danger (that is, the causes that are already recognized in our legal system through article 86 of the Penal Code , with the interpretation made by the Supreme Court in the FAL ruling).
The term for access to the practice is 10 calendar days from its request, and the informed consent of the pregnant person expressed in writing is requested.
In cases of minors and people with disabilities or restricted capacity, referrals to the Civil and Commercial Code are provided to resolve whether they have the capacity to give consent and under what conditions they can do so.
Regarding conscientious objection, individual-type objection is allowed, and it is also indicated that those private health centers or social security centers that do not have professionals to carry out an abortion due to conscientious objection must foresee and order the Referral to a place, with similar characteristics, where the provision is actually made. On these points of the project we develop more in this note.
However, health personnel may not refuse to carry out the practice in the event that the life or health of the pregnant person is in danger and requires immediate and urgent care. Nor can conscientious objection be alleged to refuse to provide postabortion health care.
In addition, it strengthens the State’s responsibility to implement the Comprehensive Sexual Education law, and to establish active policies for the promotion and strengthening of sexual and reproductive health for the entire population.
What are the next steps in the Senate?
This Monday it is expected that the treatment of the project will begin in the Senate, with the presentation of members of the Executive Power before the plenary of the Justice, Health and Women’s Banking commissions. Tuesday and Wednesday will be dedicated to receiving specialists nominated by senators and senators. On Thursday, it is expected that there will be a discussion between members of the commissions to pass the opinion to signature, with the expectation of taking it to the site on December 29.
In this second instance of legislative discussion we reinforce our request for a respectful debate with arguments, and we hope that the voluntary interruption of pregnancy will be law before the end of the year.
Contacto
Mayca Balaguer, maycabalaguer@fundeps.org
After the plenary meeting of the General Legislation, Criminal Legislation, Social Action and Public Health, and Women and Diversity commissions, an agreement was finally reached on the bill for the Voluntary Interruption of Pregnancy that will be voted on tomorrow at the venue. of the Chamber of Deputies. What modifications does it have with respect to the project that the Executive Power had presented in November? What can we expect from today’s session? We tell you here.
“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”.
As planned in the legislative agenda, this Wednesday, December 9, the committee meeting was held to rule on the IVE bill. With 77 votes in favor, 30 rejection and 4 abstentions, an agreement was reached on the text of the project. The same thing had happened hours before in the plenary session of the Budget and Social Action and Public Health committees, which had discussed the First 1000 Days bill. Both projects will be discussed at the venue this Thursday, December 10.
What is the agenda for the day?
The call for the session was set at 11 in the morning, and the order of treatment of the projects will be first that of IVE and then that of Attention and comprehensive health care during pregnancy and early childhood, known as the program of the First 1000 days.
Throughout the day, the Campaign for Legal, Safe and Free Abortion called to accompany the vote in public spaces throughout the country. In Buenos Aires, the vigil will begin at 10 am in the vicinity of Congress, with activities throughout the day and until the law is voted. In Córdoba, the call is in the former Plaza Vélez Sarsfield from 6:00 p.m. As the right to abortion is a matter of public health, and taking care of ourselves as well, we reinforce the recommendations to participate in the vigil:
- We wear a nose mask at all times.
- We wash our hands with alcohol gel.
- We keep the distance of 2 meters.
- We take care of the sun with sunscreen, light clothing and a hat.
- We bring fresh water to stay hydrated.
- We do not respond to anti-rights provocations and we try to always be accompanied and attentive.
As the two bills will be discussed, the session is expected to last several hours. On IVE, a total of 170 deputies would speak, so the vote on the law would be in the early morning hours.
What does the opinion say? What modifications do you propose?
A few weeks ago we published this analysis with a systematization of the bills that would serve as the basis for this debate: the one presented by the Executive Power in November and the one presented by the Campaign in 2019, contrasting with the opinion approved by the Chamber of Deputies in 2018.
Yesterday a new opinion was approved, which foresees some modifications in the project presented by the Executive Power. What are they about?
In Art. 8, which regulates cases where the person requiring the practice is a minor, now a reference is made directly to art. 26 of the CCyC. Before the amendment, it was specified that those between 13 and 16 years of age have sufficient aptitude and maturity to decide on the practice and give due consent, unless a procedure that involves a serious risk to their health or life must be used. The reference to the applicable legal framework for these cases is maintained, as proposed by the Convention on the Rights of the Child and Law No. 26.061 on the Comprehensive Protection of Boys, Girls and Adolescents, which always provides that their best interests are protected and their rights guaranteed. to be heard.
On the other hand, the new Art. 11 is added, which indicates:
CONSCIOUS OBJECTION. OBLIGATIONS OF HEALTH ESTABLISHMENTS. Those health effectors of the Private Subsector or Social Security that do not have professionals to carry out the interruption of pregnancy due to the exercise of the right to conscientious objection in accordance with the previous article, must foresee and order the referral to an effector actually perform the service and that it is of similar characteristics to the person requesting the benefit consulted. In all cases, the practice must be guaranteed in accordance with the provisions of this law. The procedures and costs associated with the referral and the transfer of the patient will be the responsibility of the effector who performs the referral. All referrals contemplated in this article must be billed according to the coverage in favor of the effector performing the practice.
This new article provides a solution for the cases of private health or social security institutions where there is no non-objector professional, indicating that they must arrange the referral to another institution that does carry out the practice, guaranteeing that it is done in accordance with the law , and taking charge of all the procedures and costs associated with the referral and transfer.
At the same time, the wording of Article 10 is maintained, which recognizes the right to conscientious objection, with some limitations, such as that whoever objects must uphold their decision in all areas, public and private, in which they exercise their profession; She must also refer the patient in good faith to be attended by another professional in a temporary and timely manner, without delay; You must adopt all the necessary measures to guarantee access to the practice and finally you must comply with the rest of your professional duties and legal obligations.
It is also prohibited for cases in which the life or health of the pregnant person is in danger and requires immediate and urgent attention, and for cases that require post-abortion health care. This article also provides that non-compliance may give rise to disciplinary, administrative, criminal and civil sanctions, as appropriate.
However, this wording does not contemplate limitations that did arise in the opinion of the Deputies of 2018, such as that the objection had to be previously expressed individually and in writing, and communicated to the highest authority of the health establishment.
Another important point of that opinion is that it obliged the health establishments to keep a record of the professional objectors, having to inform the health authority of their jurisdiction, and explicitly prohibited institutional conscientious objection and / or ideology.
What does the inclusion of articles that admit the assumption of individual conscientious objection, and assumptions of institutions where there is no non-objector professional, mean?
We know that conscientious objection is a legal institute used to obstruct or delay access to sexual and (non) reproductive health services, as we have seen in cases of contraception and legal interruption of pregnancy. Recognizing it within the law, with the legal status of “right”, does nothing other than enable non-compliance with the law itself, seriously jeopardizing its effectiveness.
Conscientious objection is a legal institute that allows certain persons to be exempted from complying with a legal obligation, in cases where the action ordered by the norms contradicts their deepest religious, ethical or moral convictions; provided that this does not cause harm to third parties.
We understand that the incorporation of individual conscientious objection for direct intervention in the practice of IVE is based on respect for this freedom of conscience or religion, as long as it is exceptionally allowed and with all the limits mentioned. But recognizing the claim of private institutions to exempt themselves from the provision of pregnancy termination services is unthinkable. We fear that this may happen in the event that all the health professionals of an institution declare themselves as objectors. Even if it is not the institution that denies the service, if all its professionals are objectors, it becomes a disguised institutional conscientious objection.
A solution of this type violates the freedom and right to health of patients, and increases costs and problems for the public health system, which will be burdened by having to resolve the situations that the private subsystem derives. We are also concerned that as a consequence of this recognition, the situation in Uruguay will be repeated, where high levels of objection are identified, and there are even jurisdictions with 100% professional objectors. This exacerbates the difficulties that affect rural areas or areas far from large cities, where access to health services is more limited and there are fewer public institutions.
The private institutions that provide health services perform essential public functions: the provision of health services to the population. The fact that these functions are carried out for profit and through a private contract does not detract from the nature of the service. Therefore, the social function that these private companies fulfill is different from that of others that are not committed to guaranteeing people’s fundamental rights. In this sense, the social and legal requirement that is made to companies or entities that provide health services is much greater. Not only should they guarantee non-discrimination in access to services, but they are also subject to greater control and surveillance by the State.
In this sense, admitting that an entire institution can be exempted from the provision of IVE services is unjustified and would disproportionately put at risk the access to health of the people associated with them.
In any case, the opinion obliges these establishments to guarantee the referral, in a place with similar characteristics to the one that the person requesting the benefit consulted, where the practice must be guaranteed in accordance with the law. Then it indicates that the procedures and costs associated with the referral and transfer will be the responsibility of the institution that referred, providing that it will always be invoiced in favor of the effector who actually performs the practice.
It will be law
Despite these controversial points, we welcome the approval of the majority opinion and await treatment in both Houses before the end of the year. We recognize that reaching this instance was the result of the struggles of the human rights movement that has been promoting this law for so many years.
The National Congress now has the duty to give the legislative discussion with responsibility that a public health problem of this magnitude deserves, in this new opportunity to enact the law and mark progress in the protection of the rights of women and individuals. pregnant women in our country.
We hope that those who legislate put aside their personal convictions and private morals when tackling this project. They are legislating on our future, on our health and on our lives. We demand that you do so responsibly, supporting this bill with your positive vote, because it is a bill that expands rights and saves lives.
This afternoon, we go for the half penalty. And before the end of 2020, for the conquest of the right to legal, safe and free abortion.
The discussion will begin in the Chamber of Deputies, with informational meetings of the committees throughout the week. After the long weekend the voting would come in the enclosure. It will be discussed on the basis of the bill sent by the Executive Power two weeks ago, and the bill presented by the National Campaign for Safe and Free Legal Abortion in 2019. What does each bill say?
“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 Tuesday, December 1, the plenary of the Criminal Legislation, General Legislation, Women and Diversities and Health commissions will receive members of the Executive Power (from the Health, Social and Legal and Technical Development portfolio). Then there will be presentations by scientists, sanitarians, health professionals and jurists for and against the law, with the expectation of reaching an opinion next Friday.
After having announced it at the opening of the legislative sessions, on March 1, the Executive Power finally sent the bill for the Voluntary Interruption of Pregnancy to the National Congress. It did so together with the bill that establishes the so-called “Thousand Days Plan”, which proposes State assistance to pregnant women in vulnerable situations during pregnancy and up to the first three years of the child’s life.
In this way, the debate on the legalization of abortion was once again enabled, one of the main points on the human rights agenda of our country since its discussion in Congress in 2018, which culminated in August with the rejection in the Senate. The Campaign for Legal, Safe and Free Abortion had presented its project in May 2019, which still has parliamentary status, so it is expected that during the debate in commissions both will be taken into consideration.
In this document we present a comparative analysis of both projects, contrasting them with the opinion that had been approved by the Chamber of Deputies in 2018. We consider that the National Congress has the duty to give the legislative discussion with the lessons learned at that time , and taking both projects as input.
Congress will again have the opportunity to enact a law that consolidates long-delayed human rights, respecting the international standards that regulate this matter to which the Argentine State is bound, marking an advance in the protection of the rights of women and pregnant persons in our country.
A law that guarantees the Voluntary Interruption of Pregnancy will allow us to advance in the construction of a more just, egalitarian and respectful of human rights society.
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
This document proposes a comparative analysis between the bill of Interruption Pregnancy Volunteer who was treated in the Chamber of Deputies in 2018 and obtained average sanction; the bill of the National Campaign for Legal, Safe and Free Abortion presented in 2019 in Congress and the project presented by the Executive Power in November 2020.
On November 24, we met with members of the Córdoba delegation of the National Institute against Discrimination, Xenophobia and Racism to discuss the acts of discrimination perpetuated in the schools of the Fasta educational network.
“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 sending them the complaint presented in October to the Ministry of Education for the situations of violence and discrimination experienced by members of the educational communities of the Fasta network, the Cordovan delegation of INADI granted us a hearing to discuss the cases of discrimination reported .
The institution promised to get involved with the complaint, requesting information from the Ministry of Health. In addition, it assumed the commitment to continue articulating with civil society organizations, anticipating new instances of encounter and dialogue.
More information
Contact
- Mayca Balaguer, maycabalaguer@fundeps.org
As a result of the testimonies of former members of schools of the FASTA educational network, numerous cases of gender violence, discrimination, non-compliance with the compulsory curriculum and abuse of authority came to light. We demand that the province’s Ministry of Education stop these practices that violate human rights and act accordingly.
This Monday, accompanying graduates of the schools of the FASTA educational network (Fraternidad de Agrupaciones Santo Tomás de Aquino), we filed a complaint with the Ministry of Education of the province of Córdoba, in order to inform you of certain situations and practices contrary to the law occurred in said educational centers.
Through the testimonies of former students, former students and other members of the community, he became aware of the discrimination and violence that had occurred and would occur in the classrooms of said schools. The testimonies cover situations of gender violence, homo-hatred, discrimination, abuse of authority and denial and defense of the last Argentine military dictatorship.
The study material that is provided to the students was also denounced for being fallacious, discriminatory, violent and violating different laws, such as Comprehensive Sex Education, Discriminatory Acts, Sexual Health and Responsible Procreation, and Identity of Gender, among other protective regulations for human rights and for children and adolescents.
The complaint was signed by more than 30 graduates of the Fasta schools, and different civil society organizations, political parties, public figures and human rights activists joined.
We demand that the Ministry take the necessary measures to deter human rights violations committed by the schools of the FASTA network and any other establishment linked to it, and that it take an active role so that the contents and materials of study are adapted to the provisions of our laws, in matters of education. We also request that the creation of a Provincial Commission for the Implementation of CSE be established with the purpose of collecting and systematizing information that allows monitoring at the provincial level compliance with Law No. 26,150 on Comprehensive Sexual Education.
More information
Authors
- Sofia Armando
- Sofia Mongi
Contact
- Mayca Balaguer, maycabalaguer@fundeps.org
This is the case of “María Magdalena”, a woman who came to the guard of a hospital with an abortion in progress and suffered torture, inhuman treatment and obstetric violence when she was treated, and later was unable to access justice in the province of Tucumán.
In 2012, María Magdalena (name used to preserve her anonymity) arrived at the Nuestra Señora de las Mercedes Maternity guard with a miscarriage in progress. The gynecologists who treated her, Claudia Callejas and Alejandra Bereguer, performed a curettage without anesthesia and later reported her to the police, accusing her of having caused the abortion.
María Magdalena was dismissed in 2015 and has been trying to get justice ever since. She denounced these doctors for gender violence and violation of professional secrecy, but in all the judicial instances of Tucumán they refused to investigate, and they filed the case.
The case reached the Supreme Court of Justice of the Nation and in February of this year it was resolved that the Judicial Power of Tucumán should investigate the medical actions of the gynecologists and rule on the denounced facts, since these signify a flagrant violation of the Women rights.
From Fundeps, we present an Amicus Curiae presenting a series of arguments to substantiate the human rights violations suffered by María Magdalena, and thus demand that justice be done. Among them, we highlight the right to a life free of violence in the framework of health care, compliance with the medical obligations of health professionals (derived from the Law on the Rights of the Patient in their Relationship with Professionals and Health Institutions) and the right to access justice.
We demand that the Judicial Power of Tucumán comply with its duty to guarantee women the full enjoyment of their rights and that it punish those who attempt against them, doing justice for María Magdalena and all women who see obstacles hindering access to essential services under conditions. safe and affordable.
Author
Sofia Armando
Contact
Mayca Balaguer, maycabalaguer@fundeps.org
In a live Instagram, we play and reflect together with Activating Rights on issues related to Comprehensive Sexual Education, such as gender stereotypes, micro-chauvinism, relationships, ties, consent, among others.
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Last Thursday, September 10, we carried out an activity on Instagram together with the “Activating rights” team for Sexual and (non) Reproductive Rights, in order to learn about their activities and share different experiences on the implementation of Law 26,150 on Education Integral Sexual in educational institutions, in a fun and psychopedagogical way.
From the current context generated by the pandemic, new ways of teaching-learning are proposed through virtuality. These new ways challenge not only teachers and students, but also families. It is at this new juncture that ESI is problematized and thought as part of the curriculum and as essential as the right of children and adolescents. However, its implementation today continues to be hampered within many institutions.
“Chomaso that they speak for you”
The meeting took place on InstagramLive and was carried out with a game -tutti frutti- based on topics of interest that emerged from a survey that we had distributed among young people. The categories we played with were: insults based on sexual orientation or gender identity; forms or types of sex-affective relationships; strategies to reject someone who insists on looking for you; things that should not happen in a sex-affective bond and LGBTTTIQ + cultural consumption. These sections gave rise to the conversation among those who broadcast the live, who while receiving the responses from the public developed a brief analysis of each proposed word.
After going through several letters, from Activating Rights they shared some reflections on their work and the experiences within the workshops that they carry out in schools together with children and adolescents. The team works with young people in different educational institutions from a rights perspective and with a gender perspective, generating collective and non-adultcentric spaces, where they can express what they think and feel, developing in an environment of informality and trust.
The importance of articulating
These learning and exchange spaces are enriching and collaborate with the promotion and implementation of a fundamental right for young people, giving place to the protagonists to appropriate them and be an active component of their own learning.