Tag Archive for: Sexual and Reproductive Rights

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#25N: Is celebrated? International Day for the Elimination of Violence against Women

As every November 25, this Monday marks the International Day for the Elimination of Violence Against Women. Date that calls us to review and rethink some data and measures taken by the last management.

“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 date and its corresponding march close the “feminist calendar” and like every end of the year it is an opportunity to take stock, in addition to this on the occasion of the early change of government, which invites us to extend the analysis to management four years of President Mauricio Macri.

Thus, for example, at the beginning of the current month the Minister of Security Patricia Bullrich shared in her networks the data on femicides relieved by the portfolio she is in charge of, together with the phrase, in a festive tone like who celebrates an achievement, “We lower the femicides 12.1%! ” This statement, which refers to the amount of femicides of the year 2018 compared to that of 2017 (according to that information, 281 and 292, respectively), in addition to being factually incorrect, is an image of an erroneous perspective on the macho violence that explains largely the action (or lack of action) in gender policy of the outgoing government.

First, the numbers presented by Bullrich differ from those registered by the Women’s Office of the Supreme Court of Justice. According to the latter, the figures are 278 for 2018 and 273 for 2017, so it would be the opposite of the alleged reduction alleged by the minister.

According to Chequeado, the difference between the two statistics would be that in the case of the Ministry “as with other types of crimes, their figures come from police records. That is to say that it is the first post-crime analysis, before the start of the judicial investigation. ” Instead, the Women’s Office relieves information on the legal cases in process. This disparity of data should not be a problem for those corresponding to the current year, since the Supreme Court, the Ministry of Security and the Attorney General’s Office have signed an agreement to unify femicide statistics. However, we will have to wait until 2020 for the report to be published.

Meanwhile, although the official data is not possessed, the work of some feminist organizations that, as part of their militancy and without receiving any compensation, do a thorough monthly survey based on the information obtained in the media Communication. In this regard, the Mumalá National Observatory has registered 226 femicides between January 1 and October 31, 2019, not counting 38 cases under investigation, which means at least one victim every 32 hours. Broken down, this number includes 192 direct femicides, 18 linked and 6 trans / transvestites. Another relevant indicator is that 68% of the murders were perpetrated by either the couple (40%) or the former partner (28%) of the victims. Considering that 18% of them had made prior complaints, the question that arises immediately after reading these data is where the State is and what is the true scope of the policies that it has been implementing regarding gender violence.

A success of the year 2019 was undoubtedly the approval of the Micaela Law, which according to its article 1 stipulates “mandatory training in the subject of gender and violence against women for all people who work in the public service at all levels and hierarchies in the Executive, Legislative and Judicial branches of the Nation ”.

However, if we look more closely at the work of the INAM (National Women’s Institute), a body designated as the authority for the application of that law and in charge of other gender policies, the balance has not been positive. Despite having been ranked in 2017 acquiring the rank of Secretary of State within the Ministry of Social Development, this did not translate into an appropriate budget and in fact this was cut annually.

The gender specialist journalist, Mariana Carbajal, says in her note on Page 12 that, “after the complaint of human rights organizations and women, Congress increased the items assigned to it by the Executive Branch, but those increases did not cover inflation: in 2018 the INAM budget was 15 percent lower in real terms than in 2017 and in 2019, the reduction (also in real terms) compared to last year was 16 percent ”. As logically the budget deficit hinders the execution, it is understandable that, as the note reports, of the 36 shelters for women survivors of gender-based violence that Macri had promised, only 9 have been completed and equipped, of which 8 had begun to be built during the previous government.

All this allows us to affirm that, although during these four years there was some progress, such as the explicit inclusion of gender in the national budget, they were not enough. This is because, fundamentally, it is still necessary for the State to take a stand against this type of violence as a structural problem.

Far from functioning as any crime, the security and punitive approach is inadequate and, despite what Bullrich has said, the figures for femicides have not dropped. Assuming that there had been about ten fewer victims between one year and another, isn’t it alarming that they still exceed 200 annually? Obviously, much remains to be done, not only from the Ministry of Security, but entirely from the entire state apparatus.

Just as gender is transversal and inequality is reproduced in all social spheres (in politics, in the economy, etc.), gender violence is not limited to femicide or physical violence, but, for example, Criminalization of abortion is also a form of violence against pregnant people. In this sense,the latest news regarding the update of the protocol for the Legal Interruption of Pregnancy (ILE) was another attack on sexual and reproductive rights. In turn, it served as a reminder of the unfortunate decision that the government made this year to transform the Ministry of Health into a Secretariat, taking away the margin of decision (in fact, the reason used to justify the cancellation was the lack of consultation of the secretary to his superior). Since we are talking about cabinet portfolios, the promise of President-elect Alberto Fernández to inaugurate the Ministry of Gender Equality is at least hopeful. We also hope that the new administration that will assume this December 10 can redirect strategies against sexist violence to give reins to the profound cultural change that is necessary to really end it.

Of course, the claim to the State for answers is not a simple wait with crossed arms: the feminist movement remains active in the streets and the slogan Ni Una menos remains more current than ever, because beyond the number of victims of femicide and of the percentages in which they vary, as long as there is at least one dead there will be nothing to celebrate.

Author

Mariana Barrios Glanzmann
Contact
Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org
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Reverse the update of the ILE protocol

The National Government published this morning a decree that canceled Resolution No. 3158/2019, which approved an update of the National Protocol for the comprehensive care of people entitled to legal termination of pregnancy.

“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 Ministry of Health of the Nation had approved by resolution, published in the Official Gazette last Wednesday morning, the third update of the guide that contains the guidelines and standards of care for cases of abortions allowed by law. The first protocol of these characteristics was prepared in 2007, and updated in 2010 and 2015, where the provisions made by the Supreme Court were incorporated in the FAL ruling of 2012.

On this occasion, the update had been carried out in the light of the new Civil and Commercial Code, which was sanctioned in 2015, particularly with regard to minors and persons with disabilities. These axes had already been included in an explanatory note, in September 2016, but the 2019 update incorporated them into the text. In addition, it contained the latest recommendations regarding medical procedures recommended by the World Health Organization. The most important thing is that, when approved by resolution, the protocol was granted a superior legal and regulatory entity, which would have allowed the actions for its implementation to be reinforced.

Round and round

Several hours after its publication, in the afternoon, various media reported that President Mauricio Macri ordered that the resolution be annulled and that the Secretary of the Government of Health, Adolfo Rubinstein, be asked to resign.

Although in the morning there was no official decision, during the afternoon of Thursday the rumors were confirmed after a Cabinet Meeting, where Carolina Stanley, Minister of Health and Social Development, said that: “The protocol is going to be repealed because it was an unqualified decision of the Secretary of Health ”.

The decision was finalized with the publication this morning of Decree 785/2019, through which the resolution is repealed. Among the reasons stated, the Government argues that the Secretary’s decision was inconsistent with his superiors and other agencies that would have competence in the matter and that, therefore, should have intervened, such as the National Secretariat for Children, Adolescents and Family (SENAF), the Federal Council for Children, Adolescents and Family, the National Disability Agency, the National Women’s Institute (INAM) and the Ministry of Justice and Human Rights.

A meaningless decree

It is noteworthy that the cancellation of the resolution is based on these reasons, when none of the previous protocols (of 2007, 2010, 2015 and explanatory note of 2016) foresaw or required interventions by these organizations.

It is even more surprising that, as an argument, the impact of the protocol on the rights of girls and adolescents is emphasized, when this update, now frustrated, was adequate to the obligations of the Argentine State to be part of the Convention of the Children’s rights. In fact, in the last concluding observations of the Committee on the Rights of the Child addressed to Argentina, which were announced on June 1, 2018, the State was recommended to “guarantee adolescents’ access to abortion services without risk and post-abortion care, making sure that the opinion of the interested party is always heard and duly taken into account in the decision process”. This is precisely what the protocol update provided for, by adapting the guidelines on the consent of girls and adolescents to the provisions of the Civil and Commercial Code, based on the principles of progressive capacity and best interests of the child.

The reference to the lack of intervention of the National Women’s Institute, the governing body on issues related to violence against women, is also curious. The provisions of the Committee on the Elimination of Discrimination against Women (CEDAW) cannot be ignored because of its primary function of safeguarding the human rights of women in the States parties to the Convention, such as It is the case of Argentina. In the last Concluding Observations towards Argentina, of the year 2016, the CEDAW Committee expressed its concern about the stagnation of the maternal mortality rate, due, among other things, to abortions performed at risk; the limited access to legal abortion, in contravention of the legislation and the decision adopted by the Supreme Court of Justice in 2012; the frequent refusal of doctors to perform an abortion for reasons of conscience; and cases of prosecution against women who have undergone abortions. Therefore, he urged the State to initiate accountability procedures for non-punishable abortion, and to ensure that women have access to legal and safe abortion services. The update of the protocol was clearly in this regard, because it was an advance for access to the service, and reinforced the importance of rapid access to comprehensive care and practice, emphasizing first level care and medication treatments.

What makes no sense is the reference to the draft reform of the Criminal Code, and consequent relevance of the Ministry of Justice and Human Rights in this matter. What the protocol regulates is a health practice. Although the right to legal termination of pregnancy comes, among other rules, from the interpretation made by the Supreme Court in the FAL ruling of Art. 86 of the Criminal Code that is in force in our country since 1921, a supposed reform of that rule It should not prevent the standards of attention on that right from being improved, which is also an acquired right. Moreover, taking into account that the draft reform of this Code is extremely regressive in its regulation of abortion.

ILE is already right

The repeal of the resolution that updated the protocol is unfortunate. The update constituted a breakthrough in the recognition of the human rights of women and pregnant people, in respect to human rights treaties, the principle of progressivity and non-regressivity, and the adaptation to the provisions of the Supreme Court of Justice of the Nation through the FAL ruling

However, the right to legal termination of pregnancy is not repealed, and is given by law: Article 86 of the Criminal Code, as interpreted by the Supreme Court in 2012.

Health teams should continue to apply the 2015 technical guide, with the explanatory note that was added in 2016. The decree only repeals the update, so the previous protocol remains in force.

It is imperative that state officials assume a serious commitment to our rights. The legal interruption of pregnancy is a fundamental human right, and political will is needed to guarantee its access in the best conditions.

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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Update of the national protocol for the Legal Interruption of Pregnancy

An update of the National Protocol for the comprehensive care of people entitled to legal termination of pregnancy was published yesterday in the Official Gazette.

“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 Ministry of Health of the Nation approved by Resolution N ° 3158/2019 the third update of the guide that contains the guidelines and standards of care for cases of abortions allowed by law. The first protocol was prepared in 2007, and was updated in 2010 and 2015, where it incorporated the provisions made by the Supreme Court in the FAL ruling of 2012.

On this occasion, the update was carried out in the light of the new Civil and Commercial Code, which was sanctioned in 2015, particularly with regard to minors and persons with disabilities. In addition, it contains the latest recommendations regarding medical procedures recommended by the World Health Organization.

Main topics

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 his life or health is in danger, or is taking a pregnancy as a result of a violation, regardless of whether he is a person with or without a disability. ”

It is based on the principle of autonomy of people, so it requires informed consent from those who require access to practice. On consent, the new protocol introduces some new features:

Children and adolescents:

  • “All girls, that is, under 13 years of age, may give their consent with the accompaniment of their parents, legal representatives, people who formally or informally exercise care roles,“ close friends ”or affective referents. These must participate jointly with the girl in the decision-making process and must sign confirming the girl’s informed consent. The principle of progressive autonomy should guide the actions of the health team and the accompanying adults. If there is an unjustified refusal of their parents, guardians or in charge of accompanying the decision of the girl, the conflict between both parties must be resolved from the health team taking into account the best interest of the girl and her ability to decide based on development of its progressive autonomy. The integral health assessment should consider the increased risks associated with pregnancies at these ages and the possible consequences of carrying out the practice or not. ”
  • Teenagers from 13 to 16 years old can consent autonomously, that is, without the consent of their parents being necessary. Only in cases where a procedure involving an act considered to be invasive (which may endanger your health or your life) should be used, will the consent of your parents, legal representatives, people who formally or informally exercise care roles be necessary, “close” people or affective referents. This assent implies the accompaniment of the decision of the right holder, that is, the adolescent.
  • “All persons 16 years of age or older are considered by Argentine law as adults in relation to the care of their own body. Therefore, they can give themselves informed consent and personally make and sign the affidavit required for the termination of a pregnancy resulting from a rape (if applicable) without requiring the consent of their parents or legal representatives. “

In addition, the protocol foresees the application of the principles of progressive autonomy (it is the development in time of the capacity for decision-making. This principle must be taken into account to encourage the participation of girls and boys in decision-making ) and of the best interest of girls, boys and adolescents (it is the maximum satisfaction, integral and simultaneous of their rights and guarantees).

In the cases of children and adolescents victims of rape, the protocol clarifies that justice should only intervene to protect them from the situation and for the punishment of those who committed the abuse, but this situation should not constitute an obstacle for them to access to practice It is not a requirement that justice be consulted or a judicial authorization is requested for the interruption, since it is a responsibility of the health teams and is made at the request of the patient.

  • Persons with disabilities: the protocol provides for the informed consent of persons with disabilities, clarifying that they have the same right as persons without disabilities to access the practice. To do this, it indicates that a support system can be requested to facilitate decision making. It also indicates that in cases where there is a current judicial sentence of capacity restriction, the terms of the same should be asked, since it may contain the designation of support systems for health decisions.

The situation in the provinces

The FAL ruling, in 2012, urged the national State and the provincial states to provide the necessary conditions to carry out the legal interruptions of pregnancies in a fast, accessible and safe way. In this regard, it required that they develop hospital protocols “for the specific care of abortions not punishable in order to remove all administrative or factual barriers to access to medical services.”

Mapa de Adhesión al Protocolo de Aborto No Punible en la Argentina

Currently, there are 6 jurisdictions that dictated their own protocols: Chubut, Autonomous City of Buenos Aires, Neuquén, Río Negro, Buenos Aires and Córdoba. In the latter province, however, it was suspended by a legal action filed by the Portal de Belén organization to prevent its application. Fortunately, the lawsuit ended this year, resolving the dispute over its constitutionality and its validity.

The provinces that adhered to the National Protocol are 11: Jujuy, La Rioja, La Pampa, Misiones, Salta, Santa Cruz, Santa Fe, Tierra del Fuego, Entre Ríos, Chaco and San Luis. Your membership is still valid, even after the update.

Unfortunately, there are still 7 provinces that do not have their own regulations or adhere to the Nation’s protocol, and these are Santiago del Estero, Tucumán, Corrientes, Mendoza, San Juan, Formosa and Catamarca.

In this context, it is clear that the right of women, girls, adolescents and any person with the ability to gestate to access the legal interruption of pregnancy (ILE) in the cases provided by law is still very difficult and still faces numerous obstacles .

In addition to the effective implementation of this updated protocol, throughout the national territory, it is necessary to continue advancing in the recognition of rights, towards the decriminalization of abortion and the legalization of voluntary termination of pregnancy.

Contact

Mayca Balguer, maycabalaguer@fundeps.org

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Pride is political. A review of the 11th March of dissident pride

On Saturday, November 9, the 11th March of the Dissenting Pride was held in the city of Córdoba, which was lived as a party but also as a space for struggle, for vindication and for denunciation.

“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”.

From emotional content to what advertising doesn’t show

The 11th March of the Dissenting Pride, the most massive to date, sought to show that, under the glitter, colors and music, there is a history of struggles and denunciations that are far from being what some speeches show us as a (maybe desirable) reality.
The violence of genders that affect the LGBTTTIQ + community is almost impossible to imagine for those who live and conceive of reality from the cisheteronorma. Camila Sosa Villada, renowned playwright, actress, writer and trans activist, tells how her childhood was one of the saddest stages of her life:

“It was very hard, they chased me with stones. (…) I was walking down the street and people spit on me. They wouldn’t let me in the places, I couldn’t go to work at my classmates’ homes because their parents wouldn’t let me in. I could not go to the alumni party because the parents had decided that if I was dressed as a woman I could not enter the party. That is the story of trans people right now in Argentina. Not being able to go out during the day, not being able to go to the river, going to sit in a square, not being able to go to the supermarket … ”

These violence have its highest point in hate crimes by sexual orientation, identity and / or gender expression that, by 2018, reached 147, and 68 by the first half of 2019, in Argentina. Most of these crimes affect younger people (between 30 and 39 years old), which coincides with the average life expectancy of trans people who have a minimum of 35.5 and a maximum of 41.25 years , while for cis people in Latin America it is 75 years.

The day and the street as a territory of dispute: the claims

Again, as for 11 years, pride took to the streets. Like the carnivals that enable “out” the repressed, denied, the invisible by monstrous and dissident. They do it in broad daylight, showing everything.
Here, evidencing that the private is political and public, the motto of the March is raised: “We are driven by urgency to dissent, we win the streets until pride expires,” and the following claims were raised:

  • Labor, health, educational and social security inclusion law for women, men, non-binaries, transvestites and transgender.
    Labor rights for sex workers.
  • New adoption law.
  • Effective implementation of Comprehensive Sex Education, so that there are free and happy childhoods.
  • New law on HIV, viral hepatitis, STIs and denouncing the lack of medications for the HIV-positive community.
  • End the institutional violence towards the tortillero collective, claiming the acquittal of Higui and Marian Gomez.
  • Finally, it was demanded by legal, safe and free abortion for all persons capable of gestating and the separation of the Church and the State.

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FLYER OFICIAL 11’ MARCHA DEL ORGULLO DISIDENTE CBA????️‍???????? . . “A la disidencia la atraviesa la emergencia, ganemos las calles hasta que el orgullo venza” . . . El sábado 9 de Noviembre se llevará a cabo la 11° Marcha del Orgullo Disidente por las calles de la Ciudad de Córdoba. Desde las 16 hs. nos encontramos en la “Plaza de los presidentes Argentinos Cordobeses” (las cuatro plazas), ubicada en Gral. Paz y La Tablada, para comenzar a marchar a las 18hs hasta el Buen pastor, finalizando con un festival disidente. . . Exigimos: . . – Ley de inclusión laboral, sanitaria, educativa y de seguridad social para mujeres, varones y no binaries trans y travestis – Por infancias libres y felices, implementación real de la ESI. Por una nueva ley de adopción. – Por una nueva ley de VIH, hepatitis virales, ITSs. Basta de faltantes de medicamentos para la comunidad seropositiva. – Terminemos con la violencia institucional hacia el colectivo tortillero. Absolución para Higui y Marian Gómez. – Aborto Legal, Seguro y Gratuito para todas las personas gestantes. Separación iglesia y Estado. – Derechos laborales para les trabajadores sexuales. . . Mesa coordinadora de la Marcha del Orgullo Disidente????️‍????

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Pride and fight

This year’s march was the most summoning since its inception, 11 years ago. And it was lived as a great party, with the axis set to express ourselves freely in the streets and in the light of day, as we are. But it is very difficult to be happy in a context not only of lack of recognition of rights, but of systematic violence and harassment. Without going any further, the recent attack by Monsignor Aguer towards the identities, orientations and expressions of sexual diversity, which he describes as perverse, unnatural and impure, realizes how much we need to continue fighting.

Pride is not just glitter. It goes hand in hand with the courage of those who, through their own existence, resist and fight.

“In a world of worms, you have to have a lot of courage to be butterflies,” said Lohana Berkins.

… and it is that courage that was seen in this march.

Authors

Cecilia Bustos Moreschi, Mayca Balaguer y Mila Francovich

Contact

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

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Córdoba has, at last, non-punishable abortion

The Superior Court of Justice denied the appeal filed by Portal de Belén for the Supreme Court to review the ruling confirming the constitutionality of the Guide for the Care of Non-Punishable Abortions. After seven years of judicial discussions, the guide is finally applicable.

“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 2012, the Ministry of Health of the province of Córdoba approved the Procedure Guide for the care of patients requesting Non-Punishable Abortion practices. This guide was approved in compliance with what was indicated by the Supreme Court of Justice of the Nation in the FAL ruling, where he entrusted the national and provincial executive powers with the implementation of hospital protocols “for the specific care of abortions not punishable by the effects of removing all administrative or factual barriers to access to medical services ”.

The Guide, approved by means of Resolution 93/12, establishes the way to proceed of the health institutions of the province of Córdoba before the requirement of an abortion not punishable by the causes established in Art. 86 Inc. 1 and 2 of the Code Criminal with the interpretation of the Supreme Court. This is:

When the life or health of the pregnant person is in danger. Here it is important to keep in mind that according to the World Health Organization, it is understood as the greatest state of general well-being (social, physical, emotional, spiritual, mental, etc.) that a person can have. In this sense, the possibility of deciding is a factor that affects the health of pregnant people. On the other hand, when the pregnancy is a product of rape.

However, the application of this Guide was suspended almost from the moment of its approval. Despite the clear judicial interpretation of the rules on non-punishable abortion made by the Supreme Court in the F.A.L. and by the Ministry of Health of the province to sanction it, the religious organization “Portal de Belén” presented an amparo to prevent its application, achieving the interposition of a precautionary measure on the Guide and thus preventing pregnant people, for the most part, women, could access a fundamental right for more than 7 years.

The difficulties of abortion in Córdoba

This meant that legal abortion situations that arose in the province during these years should be resolved in other jurisdictions, or, directly, in hiding. The University Hospital of Maternity and Neonatology, of national jurisdiction and located in the provincial capital, is one of the health centers that guaranteed access, with some difficulties due to the limited staff dedicated to the practice. On the other hand, the Primary Health Care Centers of the Municipality of Córdoba address these situations through the Sexual and Reproductive Health Program that is carried out through an agreement with the Nation. There, women access counseling and can obtain medication to perform the practice on an outpatient basis.

However, when the interruption could not be resolved in these centers, women and pregnant women had nowhere to turn. According to data provided by the Directorate of Sexual and Reproductive Health of the Ministry of Health of the Nation, from January 2018 to July 2019, 155 calls were made from Córdoba to the 0800 Line of Sexual Health for abortion consultations. “The response of the Legal Department of the Ministry of Health of the province of Córdoba to the requirements of this Directorate so that the province guarantees access to ILE and resolves the cases that begin with the calls received in 0800 has been repeated several times that the protocol cannot be applied and therefore there are no legal interruptions of pregnancy in the province. The Directorate has always responded that all provinces must guarantee the causes of ILE established in Art. 86 of the National Criminal Code, regardless of using the National Protocol or not. But the response of the legal area of ​​the province of Córdoba remains the same. ”, The Directorate declared a week ago.

In order to guarantee the practice of ILE to patients in the jurisdiction of Córdoba, it was necessary to articulate national and municipal institutions with friendly health professionals committed to the rights of women and pregnant people. Now it’s up to the province.

The judicial process that finally ends

At the end of last year, on December 18, after a judicial process of more than 6 years, the Superior Court of Justice of Córdoba rejected the amparo action and confirmed the constitutionality of the Guide. However, the filing of the Federal Extraordinary Resource by Portal de Belén for the decision to be reviewed by the Supreme Court maintained the validity of the precautionary measure. That is, until this week, the situation remained the same: women and pregnant women in Córdoba could not access any type of abortion not punishable in provincial hospitals.

In this sense, we consider that the provincial State incurred in institutional violence. The delaying attitude and the delay in resolving the cause by the Judiciary put women and pregnant people in a situation of injustice and lack of access to a basic right. It is a clear breach of the international obligation of the State to guarantee equal access to health.

This September 24, thanks to the struggle of the feminist movement that accompanied the cause during all these years, the highest jurisdictional authority of the province returned to enforce the protocol, by denying the appeal filed by Portal de Belén as inadmissible.

Faced with this last attempt, the TSJ not only rejected the appeal for lack of compliance with formal requirements, but added: “Far from having refuted each and every one of the grounds of the contested judgment, he insisted on reiterating his own views on function of the worldview and the formal scheme of values ​​that it defends, by virtue of which abortion is not admissible in any hypothesis despite what is established by art. 86 inc 1 and 2 of the CP ”.

In other words, what Portal de Belén discussed was not the constitutionality of the Guide, but of all types of abortion, a discussion that was already settled by the Supreme Court in the FAL ruling.

Within the judicial instances, the organization can still lodge a complaint with the Supreme Court. However, it would be absurd for the Court to change the criteria applied in 2012. At that time it confirmed the constitutionality and conventionality of termination of pregnancy in certain cases. It is indisputable that it is allowed by local law and by international treaties to terminate pregnancy in these cases, and in addition, the latest pronouncements of international organizations point to an extension of this right and recommend that all types of prohibition on practice be eliminated. . Far from continuing to discuss non-punishable abortion, what will come in the coming months will be the discussion so that this practice is, once and for all, voluntary, legal, safe and free.

And now? To demand our right

The legal termination of pregnancy can be requested at any public health center in the province. In all cases the informed consent of the person is essential. In addition, a prompt and safe response to the requesting person must be guaranteed, safeguarding their privacy and confidentiality, preserving their personal and family data. No authorization from judicial or administrative authority is necessary. .

In the event that there is danger to the life or health of the woman or pregnant person, it must be verified by the attending physician.

In the case of a pregnancy caused by rape, the woman or pregnant person must state, as a sworn statement, that the pregnancy has been the result of a rape and that for that reason she requests an abortion. You do not need to report the violation.

The period to carry out the procedure must not exceed ten (10) days after the request has been submitted, unless, for strictly medical reasons, the abortion must be postponed.

Authors

Constanza Attwood

Ivana Sánchez

Agostina Copetti

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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First subject on abortion at the Faculty of Medicine of the National University of Córdoba

The Optional Subject “The sanitary problem of Abortion in Argentina” began to be dictated in the Faculty of Medical Sciences of the National University 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”.

On Wednesday, August 14, he represented a before and after in one of the most traditional and consecrated houses of study in the city of Córdoba. For the first time a training space on abortion was opened in the Medicine career of the National University

This initiative responds to the need to fill a void of said theme in the Faculty, promoting the first academic curricular space for undergraduate education that comprehensively addresses the problem of termination of pregnancy. The academic proposal promotes the interdisciplinary approach that this situation requires through the inclusion of students of Medicine and Nursing, Nutrition, Phonoaudiology, Kinesiology and Physiotherapy and Medical Technology degrees.

Throughout its curriculum, the perspective of sexual and (non-reproductive) rights, the legal framework and socio-sanitary situation in Córdoba, Argentina and the region will be addressed, as well as the Care Protocols in situations of Legal Interruption of Pregnancy according to Current national legislation. The subject, intended for undergraduate students, proposes a training in which current legislation will be addressed, and will provide the technical tools to provide the corresponding care in the face of legal interruptions of pregnancy, among other related contents.

The space is the result of the work of the teaching team composed of the Dras. Mariana Butinof and Gladys Ponte, the Mgters. Alejandra Domínguez of the Faculty of Social Sciences, and Prof. Med. Julieta Dahbar, Med. Helena Facchin, Med. Camila Blanco, Med. Ana Nahas, Est. Leticia Pérez and Est. Sol Domínguez. The initiative is supported by the Gender Program of the UNC Secretariat of Extension.This group of medical and integral health professionals decided to organize themselves to generate an interdisciplinary space of social approach in front of a State that, instead of guaranteeing this right of people with pregnant capacity, throws them and condemns them underground. “This has enabled us to remove the problem of Abortion in academic and institutional spaces from the closet and address it from a human rights, gender and Public Health perspective,” in the words of the team that supports the space. Its commitment is to the construction of a Faculty that deals with the training of future Health professionals committed to social demands and in this matter in particular, the Abortion theme as a socio-sanitary problem of Argentina and Latin America.

Abortion is the leading cause of maternal death in the world, therefore it is a public health problem. The impossibility of real access to a legal abortion is one of the many violations of rights of the patriarchal and capitalist system on the body of women that are still in force. Deaths due to clandestine abortions are state femicides. It is necessary that the initiative of the UNC, as it was the chair on abortion opened two years ago at the Faculty of Medicine of Rosario, is transmitted to all the houses of study and state institutions, encouraging the construction of spaces in which disseminate a comprehensive and gender health perspective.

Seven years after the FAL ruling of the Supreme Court of Justice clarifying the scope of the non-punishable abortion, and the dissemination of the Protocol for the Comprehensive Care of Persons with the Right to Legal Interruption of Pregnancy of the Ministry of Health of the Nation, the majority of those who work in the health system continue to hinder people’s access to this right. In this context, the initiative to include these perspectives from training, as well as to demand greater positioning and encourage more interventions by university institutions to address these problems, is key in this context. Promoting respect for the human right of people to decide on their own body, thus advancing in a comprehensive health perspective, is essential for the training of professionals committed to building a more just society.

Author

Lucia Calabria Aragon

Contact

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

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Complaints for school practices contrary to ESI

Following various situations in public and private schools in Córdoba, contrary to the rules and standards of law that govern education, we lodge complaints with the Office of the Ombudsman for Children and Adolescents and with the Ministry of Education requesting their intervention.

“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”.

Within the framework of March 25, “Children’s Day for Birth,” several public and private schools in Córdoba held activities and days of celebration, incurring a flagrant violation of the rights of children and adolescents.

Among them, the Private Institute “Virgen Niña” of the city of Justiniano Posse, made and then disseminated a video on WhatsApp, in which you can watch children of the Primary Level singing a song. In the video you can also see images with drawings and activities that were made in the school on that day.

The current legislation cannot be contradicted

This song contradicts the contents proposed by the Law of Integral Sexual Education N° 26.150, sanctioned in 2006, which establishes the right of all students to receive comprehensive sexual education in their biological, psychological, social, affective and ethical aspects (art. one). This law, and its complementary laws, such as Law N° 25.673 on Sexual Health and Responsible Procreation and Law 27.234 Educate on Equality: Prevention and Eradication of Gender Violence, are fully in force in all educational institutions of all levels that they integrate the educational system of the province of Córdoba. In the Provincial Education Law (9870), the adherence to national regulations is reinforced, both in content and knowledge and in values. At the provincial level, in addition, the Ministry of Education ruled last year through Memorandum N° 8/2018, recalling that the ESI law is in full force. The same was said in Resolution N° 433, on April 29 of this year, through which it ratified the validity and mandatory compliance with the guidelines established in the Memorandum mentioned.

In addition to local regulation, this right is based on numerous international human rights instruments.

What the song of the Institution’s video proposes moves away considerably from the obligatory common floor established by the parameters of the Curricular Guidelines for Integral Sexual Education, and from any biological notion of human reproduction, granting subjectivity to the embryo or fetus and presenting a conflict in the situation of pregnancy between the mother and “the child”, which is extremely worrying and stigmatizing.

The institutional ideology must be respected, but without violating rights

The Law of Integral Sexual Education provides that the teaching contents must be harmonious with the “ideals” of each educational community. Therefore, religious schools can define their programs and adapt “the guidelines to their socio-cultural reality, within the framework of respect for (…) the beliefs of their members” (Article 5). This means that religious schools have the right to share with their students what is the opinion of the dogma or creed that governs the institution. But in no way can students be left without the minimum information established by the official curriculum of the law, much less provide erroneous, false and biased information.

It is urgent to talk about ESI

Improving the application of the Comprehensive Sex Education Law in our country is essential, taking into account the high rates of teenage pregnancy and child sexual abuse. Annually, about 3.000 girls and adolescents under 15 years old become mothers, a situation that requires a special look, not only because of the risk of greater physical complications that pregnancy represents at such an early age, but because the younger age is the Probability of pregnancy being a product of sexual abuse.

A systematic practice

You cannot fail to mention other situations that have occurred in schools in the province, such as the three secondary educational establishments of La Carlota (Instituto Mercenario, IPET N° 100 and EPET N° 255) that were mobilized to perform a series of acts framed in they call “Week for life”, which included touring the city with flyers and posters “in defense of the unborn child”.

Something similar happened in Jesús María in the primary school of the Colegio del Huerto, where teachers and authorities asked the students to attend the school with the blue scarf for the day of March 25.

To these are added public knowledge situations where students received reprimands or other sanctions for taking the green scarf to school or for expressing their position in favor with respect to legalization, or those of those teachers who suffer harassment, threats or displacement due to the use of inclusive language.

For all these reasons, with the accession of more than 30 organizations, we request the Ministry of Education and the Office of the Ombudsman for Children and Adolescents to arbitrate the necessary means to deter this type of practices and to enable mechanisms for training authorities, teachers and not teachers of all educational institutions in the area of ​​Comprehensive Sexual Education, according to the guidelines provided by law.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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Teacher guarantors of rights

Together with the Union of Educators of the Province of Córdoba (UEPC) we present the booklet Teacher guarantors of rights. This is a document that provides information on both international treaties and national laws and the province of Córdoba that urge states to create the necessary conditions for teachers to teach sex education in schools.

Descargar Documento / Download File
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Complaints for school practices contrary to ESI

Following various situations in public and private schools in Córdoba, contrary to the rules and standards of law that govern education, we lodge complaints with the Office of the Ombudsman for Children and Adolescents and with the Ministry of Education requesting their intervention.

“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”.

Within the framework of March 25, “Children’s Day for Birth,” several public and private schools in Córdoba held activities and days of celebration, incurring a flagrant violation of the rights of children and adolescents.

Among them, the Private Institute “Virgen Niña” of the city of Justiniano Posse, made and then disseminated a video on WhatsApp, in which you can watch children of the Primary Level singing a song. In the video you can also see images with drawings and activities that were made in the school on that day.

The current legislation cannot be contradicted

This song contradicts the contents proposed by the Law of Integral Sexual Education No. 26,150, sanctioned in 2006, which establishes the right of all students to receive comprehensive sexual education in their biological, psychological, social, affective and ethical aspects (art . one). This law, and its complementary laws, such as Law No. 25.673 on Sexual Health and Responsible Procreation and Law 27.234 Educate on Equality: Prevention and Eradication of Gender Violence, are fully in force in all educational institutions of all levels that they integrate the educational system of the province of Córdoba. In the Provincial Education Law (9870), the adherence to national regulations is reinforced, both in content and knowledge and in values. At the provincial level, in addition, the Ministry of Education ruled last year through Memorandum No. 8/2018, recalling that the ESI law is in full force. The same was said in Resolution No. 433, on April 29 of this year, through which it ratified the validity and mandatory compliance with the guidelines established in the Memorandum mentioned.

In addition to local regulation, this right is based on numerous international human rights instruments.

What the song of the Institution’s video proposes moves away considerably from the obligatory common floor established by the parameters of the Curricular Guidelines for Integral Sexual Education, and from any biological notion of human reproduction, granting subjectivity to the embryo or fetus and presenting a conflict in the situation of pregnancy between the mother and “the child”, which is extremely worrying and stigmatizing.

The institutional ideology must be respected, but without violating rights

The Law of Integral Sexual Education provides that the teaching contents must be harmonious with the “ideals” of each educational community. Therefore, religious schools can define their programs and adapt “the guidelines to their socio-cultural reality, within the framework of respect for (…) the beliefs of their members” (Article 5). This means that religious schools have the right to share with their students what is the opinion of the dogma or creed that governs the institution. But in no way can students be left without the minimum information established by the official curriculum of the law, much less provide erroneous, false and biased information.

It is urgent to talk about ESI

Improving the application of the Comprehensive Sex Education Law in our country is essential, taking into account the high rates of teenage pregnancy and child sexual abuse. Annually, about 3,000 girls and adolescents under 15 years old become mothers, a situation that requires a special look, not only because of the risk of greater physical complications that pregnancy represents at such an early age, but because the younger age is the Probability of pregnancy being a product of sexual abuse.

A systematic practice

You cannot fail to mention other situations that have occurred in schools in the province, such as the three secondary educational establishments of La Carlota (Instituto Mercenario, IPET N ° 100 and EPET N ° 255) that were mobilized to perform a series of acts framed in they call “Week for life”, which included touring the city with flyers and posters “in defense of the unborn child.

Something similar happened in Jesús María in the primary school of the Colegio del Huerto, where teachers and authorities asked the students to attend the school with the blue scarf for the day of March 25.

To these are added public knowledge situations where students received reprimands or other sanctions for taking the green scarf to school or for expressing their position in favor with respect to legalization, or those of those teachers who suffer harassment, threats or displacement due to the use of inclusive language.

For all these reasons, with the accession of more than 30 organizations, we request the Ministry of Education and the Office of the Ombudsman for Children and Adolescents to provide the necessary means to deter this type of practices and to enable mechanisms for training authorities, teachers and non-teachers of all educational institutions in the area of ​​Integral Sexual Education, according to the guidelines established by law.

Adhere to the complaint

Cuerpo de Abogadas Feministas de Córdoba, Asociación Pensamiento Penal (APP) – Capítulo Córdoba, Católicas por el Derecho a Decidir, Fundación Córdoba de Todxs, Activando Derechos Córdoba, SeAP – Servicio a la Acción Popular, Red PAR (Red de periodistas por una comunicación no sexista), Asociación Civil Somos Diversidad Club Social, Cultural y Deportivo, FES (Federación de Estudiantes, Secundarios), Equipo de Investigación «La educación sexual integral en la trama institucional y política de Córdoba», Área de educación, CIFFyH/UNC, Equipo de Educación Sexual Integral – Escuela Superior de Comercio Manuel Belgrano (UNC), Programa de Feminismos, Sexualidades y Derechos de la FCS, Fundación ECoS (Espacio Córdoba Salud), Consultorio de Salud Integral, Flor de Luna, Jardín maternal DEODORO, Socorro Rosa Córdoba, Las Juanas Socorristas, Ni Una Menos Córdoba, MuMaLa Córdoba, Mala Junta – Vamos, La Mella – Feminista y popular, Mala Junta – Nueva Mayoría, La Jauretche, Las Alicias, Mujeres Socialistas, Juventud Socialista Córdoba, Partido del Trabajo y del Pueblo. CEPA. JCR, SOMOS. MAREA. BARRIOS DE PIE, Escuela de formación feminista Viviana Avendaño Del Frente Popular Darío Santillán, María Saleme, Martín Fresneda – Legislador Provincial.

More information

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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We participated in the consultation of UN Women for Beijing + 25

In view of the 25th anniversary of the Beijing Platform, UN Women is pushing at the international level for States to review the progress and challenges surrounding women’s human rights. For this, a meeting was called with civil society organizations, together with the National Institute of Women (INAM).

“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 Beijing Declaration and Platform is a program developed in 1995 with a large participation of civil society, to give tools to States, the private sector and the third sector, to promote gender equality. Every five years, a revision process is carried out, at a general level and at the level of the States, to finally make recommendations that allow to continue advancing in the fulfillment of the measures established in said platform.

The national reviews contribute to the global review and evaluation that UN Women will prepare and present during the 64th session of the Commission on the Status of Women (CWS 64), which will take place in March 2020 in New York . The reports are composed not only of the information provided by the State, but also by the contributions of civil society. In this context, INAM, the agency in charge of coordinating gender policies in Argentina, openly called social organizations, the women’s movement and trade unions.

Considering that the Beijing Platform has been a key document for international policy, it has been revised in the light of the Sustainable Development Goals by 2030. In this sense, four axes were identified in which Beijing + 25 and the 2030 Agenda:

  • Inclusive development, shared prosperity and decent work
  • Eradication of poverty, social protection and social services
  • Eradication of violence, stigmas and stereotypes
  • Participation, responsibility and institutions with a gender perspective

Regarding inclusive development, the challenge we face has to do with the difficulties faced by women and diversities in their access to work and, within it, the limits to their possibilities of promotion. This is linked to the lack of equal opportunity policies at the level of public policies and within these companies, according to research carried out in media companies and advertising agencies. Specifically, the critical axis is maternity and care, due to the lack of conciliation policies regarding parental leave, extension of leave time, leave for care (due to illness, family disability, care for the elderly), flexible forms of work (home office) or problems around day care centers. In the event that these types of actions are implemented, they respond to particular demands, so they are not institutionalized or systematized.

Regarding the eradication of violence, stigmas and stereotypes, we are particularly concerned that the public bodies set up to watch over situations of media and symbolic violence – applying Law 26.485 and 26.522 – present irregularities, even when there are commitments assumed by the government and resources from international cooperation to strengthen the fight against gender violence. This is especially noticeable in the ways open to society, for example, the mouths of denunciation.

In our experience, the Media Observatory of INAM and ENACOM have little or no response level to complaints, while the Ombudsman’s Office, with greater activity in this regard, continues to accept it since 2015.

As we understand that the eradication of gender violence implies its visibility and the transformation of naturalized sociocultural patterns and reproduced in daily practices, we make recommendations for the inclusion of awareness, training and gender perspective training in the media and advertising agencies , starting from the areas of university or tertiary professional training.

Finally, on the point of institutions with a gender perspective, we consider that the enactment of the Micaela Law is a good way to incorporate it into State bodies. However, we must insist on adherence by the provinces and state institutions.

Likewise, we recognize public and private schools as institutions endorsed by the State to provide formal education. As such, they must abide by the legislation on the implementation of the ESI and be responsible – and therefore susceptible to being sanctioned – in cases where actions are taken that impede the right to receive or provide sex education.

Within the consultation, topics related to the importance of including the rights of sexual diversity, in particular of transgender people, labor inclusion, vocational training and representation and political participation were also mentioned in all the axes. In order to celebrate the 25th anniversary of what happened in Beijing, the anniversary finds the feminist movement in the midst of the struggle to continue expanding the rights of women, transgender people and dissent.

More information

Country review processes for Beijing + 25:

Beijing + 25 background

Beijing Declaration and Platform for Action

Author

Carolina Tamagnini

Contact

María Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

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For the 8th time the IVE project to the Congress is presented

Today, May 28, on the International Day of Action for Women’s Health, Campaña Nacional por el Aborto Legal, Seguro y Gratuito, which brings together more than 500 feminist, social and political organizations, presents for the eighth time, the bill of legal interruption of pregnancy

“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”.

May 28 is the International Day of Action for Women’s Health. It was proclaimed 32 years ago in Costa Rica, during the meeting of members of the World Network of Women for Reproductive Sexual Rights held at the end of the V International Meeting on Women’s Health. The purpose of this date is to reaffirm the right to health as a human right of women that they must access without restrictions or delays or exclusions of any kind, and throughout their lives.
In this context, the Campaña Nacional por el Aborto Legal, Seguro y Gratuito, Safe and Free, will present for the eighth consecutive time before the National Congress, the Law of Voluntary Interruption of Pregnancy (IVE). Already in 2018, the bill achieved the average sanction in the Chamber of Deputies being rejected in the Senate. Since 1921, the Penal Code establishes in article 86 inc 1 and 2, that abortion is legal if the pregnancy represents a danger to the life or health of the person or if it is the product of a violation. However, there were always difficulties for the implementation of public policies that guarantee full access to legal abortion.
In 2012, the Supreme Court of Justice of the Nation issued the ruling F.A.L s / self-satisfying measure, where it instructed the State to end the practice of judicializing, obstructing and / or delaying access to legal abortions. Likewise, he urged the national, provincial and city authorities of Buenos Aires to implement the highest standards and through hospital protocols, to train in good practices and remove all barriers that limit access to health services. In this regard, in 2015 the Ministry of Health of the Nation published the “Protocol for the Comprehensive Care of Persons with the Right to Legal Interruption of Pregnancy”, which represented a major step forward in accessing abortion for women and people with the ability to gestate.
Even so, those who require access to a non-punishable abortion continue to face constant obstacles, such as the institutional violence exerted on them by health professionals, being conscientious objectors and not making the corresponding referrals. These actions and practices, naturalized in the health system, prevent access to safe abortions even in cases where they are protected by law. Particularly in our province, access to this type of abortion has been hampered since 2012 by the amparo filed by Portal de Belén. Even after the favorable ruling of the Superior Court of Justice in this case, the situation that prevents the application of the Provincial Guide for the care of non-punishable abortions has not changed.
In this regard, the World Health Organization states that the criminalization of abortion and restrictive measures, not only affect the exercise of a human right, but generate a serious public health problem because it leaves vulnerable and pushes clandestine and insecure practices that constitute one of the main causes of maternal mortality. The right to abortion is a matter of public health that impacts the lives of girls, adolescents, women and people with the ability to deliver. Sexual and (non) reproductive health are human rights, that is, they are for everyone without any discrimination.
Therefore, on Tuesday the streets will be filled with handkerchiefs, with interventions and rallies in all the cities of the country and various parts of the world. In Córdoba, the federal handkerchief will be at the Museum of Anthropology at 4:00 pm and there will be invited bands. In a collective cry for legal abortion, safe and free, the green wave, returns to the streets and Congress, to be able to decide on our bodies and lives.

Sex education to decide

Contraceptives not to abort

Legal abortion to not die.

¡QueSeaLey!

Author

Laura Villanueva

Contact

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

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The Inter-American Commission presents its annual report 2018

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

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

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

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

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

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

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

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

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

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

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

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

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