The editorial “Girls mothers with capital letters” of the newspaper La Nación begins extrapolating the struggle of the “green scarves” (in reference to the Campaign for the legalization of abortion) with the example of girls who decided to carry out their pregnancies.

“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 text abounds in stereotyped notions of motherhood, speaking of “mother instinct” and “what is natural in women”. In addition, minimizes and naturalizes sexual abuse in childhood, describing as “nothing desired or desirable” the “way in which pregnancies were born”, but extolling those girls who took them forward, highlighting that it is “admirable and exciting to see unfold the maternal instinct. “

“Admiration towards the mothers girls, madrazas by the way. Sadness for the “abortionist grandmothers” who happily did not achieve their criminal purpose, “the text continues, describing as” criminals “those” grandmothers “(mothers of rape victims) who make effective the right of their daughters to access the legal interruption of the pregnancy due to the violation.

It should be noted that shortly after the note was published, numerous organizations and organizations of civil society expressed their rejection. Amnesty International Argentina stated that the publisher is unaware of the human rights of the girls and that most of the girls under 15 in our country “are forced child pregnancies as a consequence of situations of sexual abuse and violence that seriously affect the physical and mental integrity of girls. ”

In the same sense, UNICEF said that “pregnancy in childhood is not linked to the” maternal instinct “, it is sexual abuse and therefore pregnancy is forced. Adults (family, State, institutions) are responsible for protecting girls and boys from sexual abuse. “

The General Advisor to the City of Buenos Aires, Yael Bendel, also made public his position and said: “It is very serious that in times where girls’ infanticide, sexual abuse and as a result, pregnancies resulting from these abuses , there are editorials like these that banalize and romanticize these serious crimes. As a body for the protection of rights, we repudiate all the terms of this note. Because they violate rights. Because more than celebrating the dramatic consequences corresponds to prevent violence and punish criminal behavior.

Also, many workers in the media expressed their rejection of the note and manifested in their personal networks stating: “As a worker of LA NACION I reject the words of the editorial” Girls Mothers with capital letters “. A pregnant girl is a raped girl. # GirlsNoMothers “.

The same medium through his digital newspaper was expressed hours later listing the aforementioned criticism and rejection of the publisher in question. “The NATION regrets that the text has been interpreted as a somewhat tolerant message towards child abuse, something that, as the editorial itself pointed out, is obviously repugnant,” concludes the note, which far from making a request for Appropriate apology with the corresponding rectification, attributes the discriminatory, stereotypical and apologetic message of the editorial to the mere interpretation of the reader.

In the document that is attached, all the violences in which the editorial note is incurred are exposed, as well as the abusive reproduction of notions contrary to human rights. These behaviors carried out by the media are constituted as media and symbolic violence, and are a dangerous tool to misinform and create behavioral values ​​that are harmful to citizens.

Document Criticism based on the note “Mothers girls with capital letters”

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Virginia Pedraza, vir.pedraza@fundeps.org

The National Coalition to Prevent Childhood Obesity in Children and Adolescents, a network of civil society organizations created with the support of UNICEF Argentina, spoke in favor of the adoption by our country of a frontal labeling of warnings, such as It was suggested by the Secretary of Health of the Nation. He also urged to convert these recommendations into effective public policies that raise the standards of protection of the right to health and adequate food.

“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”.

A nivel nacional, según la Encuesta Mundial de Salud Escolar (2012), en los últimos cinco años, en el grupo de adolescentes de 13 a 15 años aumentó el exceso de peso del 24,5% al 28,6%. A su vez,  la prevalencia de obesidad pasó del 4,4% al 5,9%.  Esta situación demuestra la necesidad de formulación de políticas públicas que tiendan a disminuir el consumo de productos con nutrientes críticos y a mejorar los hábitos alimentarios de la población a los fines de reducir el sobrepeso, la obesidad y otras enfermedades no transmisibles.

En este sentido, prestigiosas organizaciones de salud pública y comités de derechos humanos, han sugerido la adopción de un etiquetado frontal de alimentos como política de probada efectividad para prevenir la obesidad y el sobrepeso.

En Argentina no existe un sistema de etiquetado frontal de los alimentos establecido por ley que informe a consumidores y consumidoras acerca de altos contenidos de nutrientes críticos (azúcares, grasas y sodio) ni tampoco es obligatoria la declaración de azúcares en los productos envasados. En este contexto, el Programa Nacional de Alimentación Saludable y Prevención de la Obesidad coordinó un debate y el posterior posicionamiento de la Comisión Nacional de Alimentación Saludable y Prevención de Obesidad, respecto del tipo de etiquetado frontal a recomendar para la Argentina.

Desde la Coalición, apoyamos las recomendaciones efectuadas por 9 de las instituciones participantes, entre ellas la Secretaría de  Gobierno de Salud de la Nación, quienes se manifestaron a favor del etiquetado frontal de advertencia y el perfil de nutrientes de la OPS. Instamos a que estas recomendaciones se traduzcan en políticas públicas efectivas para la protección del derecho a la salud y la alimentación adecuada a través de regulaciones vinculantes.

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Agustina Mozzoni, agustinamozzoni@fundeps.org

The official publicity is a very valuable mechanism of communication between the governments and the citizenship that has as its objective the access to public information and the rendering of accounts. However, the use of official advertising for personal campaigns is already a tradition in Argentina, which does not recognize differences between political parties or electoral years. At national, provincial and municipal levels, official advertising is an instrument used for propaganda purposes.

“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”.

Using public resources to promote the image of officials is categorically unacceptable. It is understood, in the first instance, that this type of practice involves the financing of personal companies with the ‘citizens’ money’. In the second instance, it means the abuse of power by those to whom the people have entrusted their representation. In a third instance, situations of these characteristics blur the boundaries between the State and the ruling political party; what ultimately stands opposed to democratic and republican values.

According to ADC (Association for Civil Rights), corruption in the use of official guidelines can be reflected in different situations, one of them, in the exercise of party propaganda. In this sense, official advertising should be understood as a channel of communication between the State and the public regarding information of public interest. Latin America presents as a common element, however, the propagandistic use of official guidelines, as a tool for the promotion of officials or official candidates. It is a practice that, in most cases, crosses the different levels of government.

In Argentina, Law 25,188 on Ethics in Public Administration regulates, in its article 42, these types of practices: “the publicity of acts, programs, works, services and campaigns of public bodies must be of an educational, informative or educational nature. social orientation, not being able to include in it names, symbols or images that suppose personal promotion of the authorities or public officials “.

In the country, there are few provinces that have regulations governing official advertising. Among them are the Autonomous City of Buenos Aires, Chaco, Río Negro and Santa Fe. Therefore, the law of public ethics is the only legal framework with which it is counted in many cases. In Córdoba, as there is no such regulation, the political scene in Cordoba becomes a sort of liberated ground for the existence and use of official advertising for purposes that go beyond mere information and accountability to the citizen. Towards within the province, numerous municipalities have witnessed the proselytizing practice of using the official guideline, in order to promote governmental efforts in the exercise of power. However, some localities have managed to sanction ordinances that seek to make transparent the policies for state money in official advertising.

WHAT HAPPENS IN CÓRDOBA:

As already mentioned, in Córdoba there is no regulation that regulates the use of official advertising and therefore sanctions the political propaganda that could be made from it. Some municipalities, however, have recognized the need to have ordinances that limit this type of practices.

Villa de Soto, Villa General Belgrano and Río Tercero have been some of the Cordoba towns that have advanced with this type of regulation. All its ordinances recognize a normalized situation of use of public spaces for personal propaganda. For this reason, the texts of these regulations establish that the publicity of acts, programs, works, services and campaigns must be of an educational, informative, socially oriented or accountable nature. Not being able to include in it names, symbols or images that suppose personal promotion of the authorities or public officials, nor party symbols, except when reasons of institutional character impose another modality.

Many of the rules mentioned in the previous paragraph, have had their germ in the discontent of the residents of these towns, who have been bombarded by party publicity in spaces that should not be co-opted by it. Also, residents of the town of Bialet Massé have denounced on several occasions the misuse of the official guideline (since the name of the local mayor has been indiscriminately included), and have even tried to promote an ordinance similar to those already in force. mentioned. His initiatives, however, did not have positive results. The same happened in the towns of Cosquín and Pilar.

Particularly, the ordinance presented in Cosquín, is one of the most complete since it not only seeks to limit the use of official advertising, but also establishes the principles that advertising must respect (transparency, plurality of means, reasonableness in spending, equality, accessibility, environmental sustainability, among others). In the same way, the ordinance project details exhaustively the objectives that the official publicity must have. The reasons for vetoing that ordinance were not clear.

It is important to mention that unlike the province, the city of Cordoba has an ordinance of these characteristics, it is the public ethics ordinance, which like the other mentioned norms, prevents the appearance of public figures in management advertisements and / or government announcements.

WICH IS THE IMPORTANCE ABOUT REGULATION OF OFFICIAL ADVERTISING:

In Argentina it seems that the public machine with electoral fines is constantly in operation, limiting the possibilities of competition of possible and / or future electoral options. At a national level, Law 26.5713 stipulates that parties can not hire audiovisual spaces to make the campaign and only those that have been provided by the state and the subjects by lottery. Situation that is at a disadvantage, unfair practices, the start-up and officialism during non-election times. Although the argument to establish this norm is valid, since it is aimed at equal conditions of access to the media, without regulation of official advertising, the effect generates a great asymmetry in political competition.

What role does society occupy in this diagram? The public is inundated with advertising for electoral purposes and with little information content. In terms of transparency, there is an enormous difficulty in obtaining answers about amounts, beneficiaries, and criteria for distributing the guidelines. At the national level, the delivery of information varies from year to year with a tendency towards restrictive in this matter. In Córdoba city and province this is unknown, and it gets worse when you consider the lack of legislation on this. In an electoral 2019, with a bill to finance political parties in order to be discussed, it is necessary to focus on these practices that take away legitimacy from government efforts. It is also time to put on the table the discussion on the need to have a public ethics law at the provincial level.

Contact: Agustina Palencia – agustinapalencia@fundeps.org

On January 7, the world was surprised by the untimely resignation of World Bank President Jim Yong Kim. With three years left to finish her second term, Kim stepped aside to take a position within the private sector. A possible conflict of interest and transparency in the definition of the Bank’s leadership, key issues.

“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”.

Abruptly and unexpectedly, the president of the World Bank (WB) Jim Yong Kim, resigned his mandate to undertake a new job in the private sector. According to the official communiqué of the WB, during the term of Kim, special attention was paid to investments in infrastructure. He assured that the key to the advancement of the developing nations was the support and investment in this sector. For this reason, Jim Yong decided to step aside arguing that his work for global development would be more fruitful from the firm ‘Global Infrastructure’, a multinational company specializing in infrastructure investments for the water, energy, transport and waste sectors. .

Kim’s departure has not gone unnoticed, and numerous civil society organizations around the world have emphasized the possible conflict of interest in Kim’s surprise decision and wonder what will happen from this? In particular, they have raised a series of concerns:

  • Financing for development through the private sector:

According to the now ex-president of the WB, worldwide there is a deficit in infrastructure that would be around the trillion dollars. This amount, in no way can be covered, not even with the portfolio of all the institutions of financing for the development (IFIs) together. In this regard, Kim, during his tenure, has tried to ensure that financing for development, no longer oriented to the public sector, to turn to the private sector. In this way, the WB and other IFIs have increased their investment portfolio to financial intermediaries and other companies / private corporations. Kim’s decision to continue his professional career in the private sector raises doubts about the underlying interest in the decision to orient the World Bank towards the private sector. In other areas of interaction between the public and private sectors there are window periods during which those who have decision-making roles are prohibited from changing their sector (“cooling off periods” in English). The inexistence of similar mechanisms in the World Bank inevitably calls into question some of Kim’s decisions that in practice expanded financing to the private sector.

The change towards private financing, although it could be beneficial in economic and financial terms for the States, maintains concerns for environmental sustainability and respect for human rights. Recently, there seems to be a positive correlation between the increase in projects financed by companies and the growth of negative impacts on people’s lives and the environment. In addition, it is important to remember that during the mandate of Kim, the revision of the social and environmental safeguards of the WB – the regulations that establish criteria for the projects that the World Bank can support -, far from representing a strengthening of the policy, meant the transformation of these standards, a normative framework much more lax. The resignation of Kim then, leaves open the door to ask if the next president of the WB will have as a priority private funding, and if so, how the institution can adapt to international and national standards regarding respect for Human Rights.

  • Transparency and accountability at the institutional level in IFIs:

Other questions that have arisen after this event, have to do with the next president of the WB and its selection process: Who will succeed? What will the process be like to elect the next president? Will the government of the United States be in charge of targeting the person who assumes the presidency, as has happened on previous occasions? In what way can the WB’s governance be more transparent when it comes to electing its authorities?

At the global level there is a tacit agreement that, since the beginning of the Bretton Woods system, has established that the head of the World Bank would be defined by the United States and the International Monetary Fund (IMF) by Europe. Over the years, this has been respected to the letter, with the White House, which has pointed to the president of the WB. Kim was no exception to this practice and was nominated by the government of Barack Obama. This process that has been taking place has little transparency and has always ended up transforming the World Bank into an executing arm of US government policies. In these times, a WB president appointed by the administration of Donald Trump would be risky when thinking about the performance of this institution on issues such as climate change and human rights in general.

Beyond the effects of a WB president appointed by the Trump government, Kim’s departure opens a series of questions about the bank’s governance and transparency in the appointment of its authorities. It is necessary to establish a transparent selection process in which all candidates have equal opportunities to occupy the position. The Chair of the Presidency of the WB must be occupied by a truly qualified person who has as a priority the execution of investments under the umbrella of sustainable development and human rights. The history of secrecy behind each WB president has impacted on the credibility of the institution. This vacancy, now, means an opportunity for the WB to reposition itself within the international system as an independent actor.

From now on

Kim’s departure for ‘Global Infrastructure Partners’ (GIP) has raised doubts about the appearance on the door of a possible conflict of interest. The multinational GIP is responsible for investing in infrastructure for developing economies, this being the main sector of interest of the WB. It is important to follow up on plausible agreements to be finalized between both institutions.

Regarding the vacancy for president, the WB has announced a nomination process for candidates that will be open until mid-March 2019. The civil society will be attentive and making a detailed follow-up of everything that happens to seek the transparency of the process. It will remain to be seen, once the next president is selected, what their main management guidelines will be and if they respond to the true development needs of communities and populations around the world.

More information

Contact
Gonzalo Roza – gon.roza@fundeps.org
Agustina Palencia – agustinapalencia@fundeps.org

The Ombudsman’s Office responded to the complaint we made against “El Show de la Mañana”, broadcast on Channel 12, for content that spectacularized a situation of clear violence towards a 12-year-old girl.

“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 July 19, in the program “El Show de la Mañana”, a content was recorded that recorded an episode of violence suffered by a 12-year-old girl by a woman on public roads.

The Ombudsman said that, “although, as expressed in the query, a critical and condemnatory view of the violent acts by the program’s members is observed, the video exhibition under the modality in which it is carried out, redounds in the spectacularization of an event of serious violence suffered by a girl.”

As a corollary to the complaint and the process initiated, the Ombudsman’s Office proposed to conduct a training activity aimed at the program’s members, and all those who wish to participate in the channel, based on the activities they carry out in the programs . The training took place at the Canal 12 facilities on December 7.

During the activity, they were trained in particular on the guidelines for the issuance of content in time suitable for all public, in order to protect the rights of children in journalistic approaches, since that was what initially motivated the claim. However, the Ombudsman took advantage of the instance with the members of the program, as well as all the personnel of Canal 12 who would like to join to train on other issues related to the rights of the audiences.

In particular, recommendations were provided for the coverage of events related to violence against women. The topic of non-discrimination on the grounds of gender or sexual orientation was deepened in order to denaturalize the discourses that reproduce inequality. Finally, issues related to mental health and suicide were also addressed.

The actions of the Public Defender’s Office are very important, as it acts as a link between the citizens and the audiovisual media, through dialogue with different actors, to motivate the reflection on the themes, as well as to find solutions and mechanisms of reparation for the rights affected. Its actions provide legal guarantees for radio and television audiences, as well as community media, peasant groups and indigenous peoples.

The body is in the same situation of acefalía since 2016, which almost three years ago does not allow it to implement all of its functions. While there is a temporary holder, designated until March 2019, the Ombudsman’s Office continues to carry out its work, in a prudential time, contemplating the rights of the audiences and promoting an inclusive communication and human rights. However, the situation of acefalía not only puts at risk the rights of the hearings, but also harms the public policies that promote communication from a local and community perspective. We hope that the Bicameral Commission responsible for the designation of a defender, will act and appoint a suitable person for this function, enabling the full functioning of this body.

More information

Nota Defensoría del Público -612-2018

Contact
Virginia Pedraza, vir.pedraza@fundeps.org

The company Arcor presented a report to the Ombudsman for Children and Adolescents (NNyA) arguing that the campaign “your fair share” is respectful of current legislation and does not violate the rights of children and adolescents.

“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 December 21, we received a communication from the Defensoría de NNyA of the province of Córdoba, before which we filed a complaint against the self-proclaimed “Tu Porción Justa” campaign of the Arcor company. This campaign violates the right to health and adequate food for children and adolescents by promoting the consumption of products that are high in critical nutrients.

In this communication, the Ombudsman informed us that the Arcor company, using its right of reply, had presented a report arguing that said campaign is respectful of the current legislation and does not violate the rights of children and adolescents.

Also, the Ombudsman suggested to arrange a meeting between FUNDEPS and Arcor to bring positions closer.

On the other hand, within the framework of consumer law, in the first conciliation hearing held in out-of-court venue, we requested from the Arcor company the marketing studies and the scientific foundations on which the campaign was designed, as well as the contacts of nutritionists and professionals who supported it, in order to better understand the scientific evidence mentioned by the company. This information was not provided by the company, after the second conciliation hearing in extrajudicial headquarters.

We continue working and demanding public policies that effectively protect the right to health and adequate food, and that do not leave room for the development of this type of campaign that violates these rights.

More information

Contact

Agustina Mozzoni agustinamozzoni@fundeps.org

The province of Tierra del Fuego regulated the law nº 1203 of control of smoking, sanctioned on December 15, 2017. The regulations are called to be the highest national standard because, besides incorporating the complete prohibition of advertising, promotion and sponsorship of tobacco, expressly contemplates the prohibition of product exhibition.

National Law No. 26,687 meant the end of campaigns, commercials, sporting events and fashion shows sponsored by cigarette brands; by restricting advertising, promotions and sponsorships only to advertisements at points of sale, publications of companies in the sector and direct communications, with prior consent and verification of the age of majority of the recipients.

However, the tobacco industry knows how to take advantage of the existing legal vacuum: it is responsible for complying with advertising requirements, but it allocates a large part of its resources to the exhibition of tobacco products, making this one of its main marketing strategies. In terms of visibility and brand promotion, the effect achieved is as powerful as that of advertising.

Several provinces of our country have also advanced with regulations that establish a broad ban on tobacco advertising, examples of which are Santa Fe, Neuquén, San Luis, Santa Cruz and La Pampa. However, Tierra del Fuego is the first case in which there is expressly a ban on the exhibition of tobacco products, which constitutes a significant and novel advance in terms of health protection, especially for children and young people.

Thus, article 4 defines what should be understood by exhibition, saying that it is: “any form of exhibition of products and by-products made with tobacco that allows its visibility”. Subsequently, in its article 17 the regulations refer specifically to the exhibition of tobacco products in points of sale stating that: “Commercial premises where products provided by this law are sold, may place signs inside (…) provided that they are not seen directly or indirectly from the outside, nor contain colors, logos, isotypes or any other design that allows to identify the commercial brands of the products or their production companies “. In turn, the provisions that establish the prohibition of exhibition in places of mass competition (Article 11), as well as the one that prohibits the direct or indirect exhibition of tobacco products “through any means of dissemination or communication, deserve special attention. , recommendation or commercial action in order to directly or indirectly promote the product or its use “(Art.16).

We believe it is essential to establish a ban on advertising and promotion of tobacco products, without exceptions. According to studies carried out by WHO, the elimination of any form of advertising, promotion and sponsorship, including the exhibition of tobacco products, is one of the most effective measures to prevent consumption.

In this same sense, the Committee on Economic, Social and Cultural Rights (ESC rights) has expressed itself, expressing to Argentina its great concern about the precarious regulation of advertising campaigns of tobacco companies. That is why, as he did in 2011, he reiterated to the State the need to ratify the WHO Framework Convention on Tobacco Control and adjust the internal regulations on advertising of tobacco products to the standards established therein; the increase in taxes to levels that have a deterrent effect on tobacco consumption and the adoption of information measures on the negative impact of tobacco on health, emphasizing the need to protect young people and children.

Author

Maga Merlo Vijarra

Contact

Agustina Mozzoni,  agustinamozzoni@fundeps.org

In the last weeks, a case of non-punishable abortion in the city of Concordia was reported to a girl victim of rape. Health professionals from the hospital where the practice was performed made the case public, violating the professional secrecy and the right to privacy of the patient. A short time later a sentence of the Civil and Commercial Chamber of Paraná was known that condemned the State to pay compensation to a woman who was denied the practice of non-punishable abortion, having to continue with a pregnancy that resulted, after childbirth , in a cerebrovascular accident (CVA) that left sequels to him for life.

“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”.

Abortion in Argentina is legal on grounds

Since 1921, according to Article 86 of the Penal Code and ratified by the Supreme Court of Justice of the Nation in the ruling “F.A.L” of 2012, abortion is legal in the following cases, regardless of the weeks of gestation:

If it represents a risk to life or to the physical, emotional and social well-being of the pregnant person;
If it is the product of a violation.
The same ruling urges the provincial states to provide the necessary conditions to carry out legal interruptions of pregnancies in a fast, accessible and safe manner.

Entre Ríos is one of the 10 jurisdictions that have adhered to the National Protocol or have protocols that meet the criteria established by the ruling F.A.L. At the end of last year the Ministry of Health of the province, through resolutions 2383 and 3616/17, updated its “Protocol for the comprehensive care of people with the right to legal interruption of pregnancy,” repealing the previous guide that was restrictive , and adhering to the National Protocol.

Falsedades around a practice framed in the law

A 13-year-old girl who is pregnant as a result of a rape agreed to her right to interrupt her pregnancy. The practice was carried out on November 10 at the Hospital Masvernat de Concordia, thanks to health and judicial professionals who guaranteed the practice in a safe manner, applying the current regulations.

Anti-right groups used this situation to conduct campaigns based on fallacies and distortion of the facts, to harass and intimidate those who complied with the law by carrying out the medical procedure. They said that the fetus survived 10 hours and also circulated a video in which an apparent human fetus is seen, inside the gestational sac. Then they clarified that the video does not correspond to the case but they did not establish to which medical practice it corresponded.

However, the Ministry of Health clarified in a press release that it is not possible for survival to occur within the conditions established by the protocol, as it did not happen in this case. In addition, he said that he is analyzing the possible occurrences of violation of professional secrecy, the Patient Law and his duties as public officials and indicated that medical secrecy is a key element of the patient’s rights.

They condemned the State for preventing a legal abortion

On December 9, the ruling of Chamber II of the Civil and Commercial Chamber of Paraná was announced, confirming the first instance ruling issued by Civil and Commercial Judge No. 7, Martín Furman. This sentence had condemned the State to pay compensation for the damage caused to a woman who suffered a cerebrovascular accident as a result of childbirth after having denied the legal interruption of pregnancy.

The patient suffers from a congenital disease called Tetralogy of Fallot. In 2005, after 5 spontaneous abortions, she requested a tubal ligation, which was authorized because of the danger that pregnancy meant for her health and her life. He was admitted to perform the tubal ligation, but the operation was not performed because the operating room was not in condition, and it was never reprogrammed.

In 2011, she attended the San Roque Hospital, studying a 10-week pregnancy. He was prescribed medical studies and after meeting the Hospital Multidisciplinary Ateneo, he was advised to stop the pregnancy. The patient consented and the intervention (cesarean section) was scheduled for the following week at the San Martín Hospital, due to the need to have a highly complex institution. When she was admitted for the pre-surgical studies, she also signed the informed consent for the tubal ligation after the interruption of the pregnancy.

That same day, a cardiologist from the hospital burst into his room and managed to get the surgery interrupted, arguing that “what they were going to do to him is a crime.” Then a resident doctor intervened, who ruled the suspension of the cesarean and ordered the referral of the patient to the Posadas Hospital in Buenos Aires. There she was hospitalized for a few weeks until delivery by caesarean section. Eight days later he suffered a stroke with serious consequences: paralysis on the left side of his body and difficulties in reasoning.

The judgment of first instance, confirmed by the Chamber, considers proven the nexus of causality between the non-interruption of the pregnancy and the cerebrovascular accident. In addition, he affirms that the doctors acted guilty because by preventing the surgery, they did not do everything that they should have done to avoid the damage. He also attributes the responsibility to the State, which through doctors of public hospitals “made the plaintiff change a decision that he had already taken legitimately to protect his health and life, also violating his human right to health and, thus, It caused a vascular brain accident.

Thus, the Justice made room for the lawsuit filed by the patient against the State and sentenced him to pay him an amount of more than $ 400,000 for damages.

However, there was no reproach towards the doctors.

A right of all

It is essential to remember the normative framework in force in our country and promote respect for the right of women and pregnant women to the legal interruption of pregnancy, which has been in force for almost 100 years. The State must not allow dilatory and hindering maneuvers, but arbitrate the means for effective access to this legal practice. The malicious actions of anti-rights groups that misinform the population and refuse to respect the laws in force endanger the health and life of women and pregnant people.

Access to legal interruption of pregnancy without delay or obstacle is a recognized human right in our national and international legal framework. The State must consolidate an institutional framework in which the rights to health, sexuality and reproductive security are respected, eliminating all the judicial and administrative barriers that obstruct access to this right.

Contact

Mayca Balaguer, <maycabalaguer@fundeps.org>

The Municipality of Córdoba once again extended the environmental and sanitary emergency in the Wastewater Treatment Plant (E.D.A.R.) of Bajo Grande and in the downstream areas. It did so through Decree No. 3413 and the measure governs for 180 days. Neighboring Chacras de la Merced claim that the actions committed are not being met.

“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 November 1, Mayor Ramón J. Mestre signed Decree 3413, which reinstates this part of the city of Córdoba in a state of environmental and sanitary emergency, by virtue of the status of the Bajo Grande plant.

The measure is in force for a period of 180 days, from the expiration of the terms of Decree N ° 15 dated January 12, 2018 (which extended the environmental and health emergency prepared in April 2017). Therefore, the deadline for the different departments of the Municipality to carry out all the actions contemplated in the Mitigation Plan would have ended last November.

This new emergency declaration recognizes the complex situation due to the contamination of the Suquía River, which continues to receive sewage effluents with minimal treatment or directly without treatment. For this reason, and the same determination had begun to take the municipality at least since 2014.

The decision was made after a court ruling that ordered the municipality and the province to implement a series of measures to mitigate the effects of pollution produced by the plant on the population, particularly in the Suquía and surrounding areas. Then, the measure was extended by Decrees No. 1220/15, 3745/15, 1292/2017, 015/18, and now by Decree No. 3413 in order to continue the mitigation plan for environmental and health effects. proposed for the Bajo Grande plant, located in the Chacras de la Merced neighborhood.

On the other hand, work continues on the expansion of the plant that according to the information provided by the Province once completed will benefit some 960 thousand Cordoban. These works would conclude in the second half of the year 2019.

Information requests: no satisfactory answers

In the month of March, and within the framework of the emergency decreed by the municipal government, together with Las Omas, civil association of neighbors of the Chacras de las Merced district, we made several presentations before the Secretariat of Government, Citizen Participation and Social Development, the General Secretariat, the Public Services Secretariat, the Ministry of Health and the Secretariat of Planning and Infrastructure of the Municipality of Córdoba. The orders requested information about the progress of the mitigation plan in Bajo Grande and downstream areas. Given the lack of response from the municipal administration, we present a prompt dispatch in the month of June.

The Ministry of Health was the only division that answered, but it did so incompletely and with information that contradicts what was reported by the people from the plant. While the municipality maintains that in the health centers of the area there is no shortage of stock and supplies and that human resources are sufficient to respond to the problems and affections of the neighborhood, the neighbors complain that “there are never enough medicines, ambulances do not want to enter the neighborhood because of the state of the roads and that there is only one doctor in the area who can not cope. In addition, the neighborhood health center only attends in the morning and when the doctor does not go, there is no replacement. ”

As reported by the Municipality of Córdoba, cases of Acute Diarrheal Disease (EDA) decreased between 2012 and 2017. However, in the Health Center No. 84 of the Chacras de la Merced District, in 2017 the cases of diarrhea increased with respect to 2015 and 2016, which shows that diseases that could be the product of water pollution persist and continue to affect the community.

Regarding this, Alida Weht, president of Las Omas, states that “the conditions did not diminish, what happens is that due to the large number of cases there are, people begin to naturalize them and stop consulting the health centers of the sector, for the lack of response and medicines for the treatment of these diseases. ”

The sanitary actions contemplated in the Mitigation Plan are: continue with the weekly evaluations of tracer pathologies (diarrhea, hepatitis, conjunctivitis, meningoencephalitis, HUS and others); ensure the provision of medicines and nursing supplies in a timely and sufficient manner; guarantee the availability of human resources for the care of patients in the affected area, with accompaniment and participation of the community; continue with networking with other nearby Health Centers and Institutions, among others.

However, Alida Weht, stated that there are currently numerous cases of gastroenteritis, dermatitis, conjunctivitis, skin and eye irritation, respiratory diseases and that the actions committed in the mitigation plan would not be fulfilled. “They are diseases typical of the area, having pneumonia every year is a normality,” he adds.

The situation of vulnerability that lives in the community located next to the purification station is, today, unsustainable and degrading. Similarly, the malfunction of the plant has persisted for years, even the employees of the plant have acknowledged that they have reached almost 100% of the untreated liquids in the Suquía River.

From FUNDEPS we are concerned about the continuity of a situation of environmental degradation and violation of human rights. As Juan Carballo, Executive Director of FUNDEPS, expresses, “the situation is very worrying: a context of serious and continuous environmental impacts would require minimum of the authorities to report on the situation permanently. That does not happen at present; an expansion of the plant without adequate citizen participation, a deficient operation but without certain data and unanswered information requests further aggravate the situation “.

The situation is even more worrisome, if we take into account that there are eight municipal officials charged by the federal justice for the situation of the Suquía River, there could be evidence that the contamination has reached the mouth of the Rio Primero in the Laguna de Mar Chiquita.

This demonstrates the failure of the mitigation plans assumed each time the environmental emergency has been decreed since 2014. It has also been clear that the actions implemented have not been sufficient to mitigate the effects of the contamination of the Suquía River; and the situation of lack of protection suffered by the people of the Chacras de la Merced neighborhood.

We renew once again the claim for a definitive solution to the pollution of the Suquía River and, especially, for the guarantee of the rights of those who have been and continue to be affected.

More information:

https://eldoce.tv/sociedad/de-rio-cloaca-preocupa-la-contaminacion-del-suquia-planta-bajo-grande-chacras-de-la-merced-municipalidad-de-cordoba_68471

Contact:

María Pérez Alsina – mariaperezalsina@fundeps.org

Agustina Palencia – agustinapalencia@fundeps.org

After a judicial process of more than 6 years, the Superior Court of Justice of Cordoba rejected the action of amparo filed by the Portal de Belén association that objected the guide that regulates non-punishable abortions, confirming its constitutionality and providing its full force.

“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”.

Background

On March 30, 2012, and following the guidelines of the Supreme Court in the FAL ruling, the government of the province of Córdoba, through the Ministry of Health, approved Resolution 93/12 and the Guide to the care of non-punishable abortions. with the purpose of guaranteeing a fast and safe access to the practice of non-punishable abortions in the provincial public health services.

On April 12 of that year, the Asociación Civil Portal de Belén filed a collective action against the government of the Province of Córdoba. He requested that the ministerial resolution be declared inapplicable as unconstitutional and that the legal figure of non-punishable abortion contained in art. 86 of the Criminal Code. As a provisional measure, he also requested that the suspension of the application of the guide be ordered. The Civil Association for the Right to Decide (Catholics for the Right to Decide) appeared in the case as a third co-defendant in defense of women’s human rights.

The precautionary measure

On April 13, 2012, the first instance judge, Federico Ossola, partially granted the provisional measure requested by Portal de Belén ordering the suspension of the application of the guide, but only for the case provided for cases of violation. On October 3 of the same year, the Third Chamber of Appeals confirmed the precautionary measure.

However, because the application of the Guide was suspended, even in that only case, women and pregnant persons in Córdoba could not access any kind of non-punishable abortion in provincial hospitals, since the judicialization of the protocol generated misinformation in professionals of health and public opinion.

The background: the constitutionality of the resolution and the guide

On the other hand, in the argument for the unconstitutionality of the ministerial resolution (main file), in the judgment of August 24, 2012 Judge Ossola ruled in favor of the constitutionality of the resolution and the procedures provided by the guide, but he questioned the presentation of an affidavit of the rape victim to access the abortive practice without other collection. He argued that, being an exception, the sworn statement was insufficient to guarantee that punishable abortions are not committed. In May 2013, the Appeals Chamber held that the resolution and the guidance were unconstitutional for contradicting local public law.

In May 2014, the file was sent to the Superior Court, which had to decide on the constitutionality, conventionality and application of the ministerial resolution and the non-punishable abortion care guide. In 2016, on the second occasion that the Court arranged for it, FUNDEPS presented itself as amicus curiae together with other organizations supporting the defense of the sexual and reproductive rights of the women of Córdoba and contributing arguments of international human rights law.

Sentence

The Superior Court of Justice considered that there was no judicial case that allowed it to examine the constitutionality of Resolution No. 93/12, since Portal de Belén had only raised a “mere subjective discrepancy” with the provisions of the Criminal Code in the art. 86, which grants exceptional permission to abort without punitive consequences for women.

He considered that Portal de Belén wanted the State to ignore said article, based on “the only support of his personal opinion“, with the aspiration that “the Province does not recognize the authorization or permission recognized by the basic law to every woman victim of a violation (according to the interpretation made by the CSJN), which would imply establishing a prohibition-against legem-where criminal law does not institute it. “

The majority vote, dictated by Aida Tarditti, Domingo Sesin, Mercedes Blanc de Arabel and Silvana María Chiapero, gave rise to the cassation appeal promoted by the Province and revoked the judgment of the House that had declared the ministerial resolution unconstitutional. Consequently, it rejected the amparo action promoted by Portal de Belén, which sought what the Chamber had resolved at the time, a decision that has now been annulled, so that the resolution remains fully valid.

In summary, he concluded that there is no collective judicial case in the terms proposed by Portal de Belén for the following reasons:

1) The National Legislative Power is the only one with competence to sanction substantive norms with general reach and has already resolved the constitutional dilemma between fundamental legal rights at stake that involves any violation that leads to the victim’s pregnancy through art. 86, subsection 2, of the Criminal Code. The same can be said when the interruption of pregnancy is enabled if there is danger to the life or health of the woman (Article 86, paragraph 1, of the Penal Code).

2) It is not possible to address the analysis of the guide without first doing the same with regard to the Criminal Code that serves as support for the guide, which far exceeds the procedural margins of an amparo. But, also, because this would mean republishing what has already been resolved in the case “F., A. L.” by the Supreme Court.

3) It is not possible to collectivize, in block, non-transferable situations in their configuration and significance without affecting the personal rights of the victims of said unlawful act.

4) An indivisible collective good is not at stake, nor can one hypothesize about how each woman could react and decide about the possibility provided by article 86, paragraph 2. That is why there is no collective legitimacy with repercussions on a right of personal exercise for which the guide aims to establish a procedure to guarantee this exercise.

The implementation of the protocol: a debt with equality

In this context and after years of waiting, it is necessary to ensure the effective implementation of the provincial protocol. From FUNDEPS, we celebrate this judicial decision and the statements of the highest authority of the Ministry of Health of the Province.

More Information

Publication

Authors

Virginia Pedraza

Mayca Balaguer

Contact

Mayca Balaguer maycabalaguer@fundeps.org

After a year of meetings and activities, between November 30 and December 1, the G20 Summit was held in the City of Buenos Aires, the first held in South America. It counted with the presence of the main world leaders; and although it was considered a logistical success by the national government, it did not produce great results in multilateral terms.

“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 G-20 leaders summit organized this year by Argentina as president “pro tempore” of the forum took place in a context marked mainly by the trade war between the United States and China; and the internal difficulties that a large part of the leaders of the countries that make up the group are facing. Among them, undoubtedly highlight the civil protests that check the government of Emmanuel Macron in France, the accusations against Saudi Crown Prince Mohammed Bin Salman for the death of a journalist; and even the economic crisis facing the national government in Argentina, to which were added also the internal and external doubts regarding the capacity of the government of Mauricio Macri to organize an event of the magnitude of the G-20.

In any case, once the summit was concluded, the organization of the summit was considered a success by the government, and a final document was even signed (although its commitments are very lukewarm) despite the few probabilities that existed of achieving a consensus among member countries. The Declaration of the G20 2018 leaders emphasizes equitable and sustainable development as a challenge that all States face. Among the issues mentioned in the Declaration are the pillars on which the summit worked on a priority basis this year, at the decision of the Argentine government itself, namely: the Future of Work, Infrastructure for Development, Food Security and a perspective gender mainstreaming that covered the entire G20 agenda. The Declaration also mentions in certain passages certain international commitments regarding Climate Change and the Paris Agreement (although the United States expressed in the Declaration its decision to withdraw from the Agreement); international financial institutions and the need to strengthen the IMF and the World Bank; gender equality and access to health, among others. Regarding Infrastructure, the Declaration states: “In order to address the persistent infrastructure financing gap, we reaffirm our commitment to attract private capital for investment in infrastructure. To achieve this, we endorsed the Roadmap to Infrastructure As an Asset Class “

Recall that the G20 is an international forum that is composed of 19 states and the European Union: Germany, Saudi Arabia, Argentina, Australia, Brazil, Canada, China, South Korea, the United States, France, India, Indonesia, Italy, Japan , Mexico, Russia, United Kingdom, South Africa and Turkey. Spain is a permanent guest. In addition, the country that chairs the forum elects other guests, and for this year Argentina invited Chile and the Netherlands.

The work areas of the G-20 are: finance, agriculture, anticorruption, trade and investment, development, digital economy, education, employment, health, climate sustainability and energy transitions.

Although the Summit in Buenos Aires did not produce resonant agreements at the multilateral level, the event was without doubt positive for the national government, which comes out strengthened by the organization without major inconveniences of the event; and above all, by the agenda of meetings and bilateral agreements with other nations that took place in the framework of the Summit. Thus, the government of Cambiemos managed several bilateral meetings and closed a series of investment and commercial agreements with the purpose of promoting the country’s economic development. Thus, of the 17 bilateral meetings that the government carried out and the more than 50 agreements signed, the following stand out:

  • 30 commercial agreements between China and Argentina that represent around 5000 million dollars. The Joint Action Plan signed covers issues related to investments, infrastructure, railways, thermal energy, solar, wind, mining, health, transportation and education, among others. They include the commercial contract to reactivate the San Martín Cargas railroad, whose initial investment will be 1089 million dollars and will be in charge of the Chinese company CRCC (China Railway Construction Corporation Limited); and the signing of protocols for the entry of standing equines, sheep and goats from Patagonia to China and a sanitary protocol to export Argentine cherries.

  • In turn, with China, investment agreements were also signed for projects of Public-Private Partnerships (PPPs) in the area of ​​energy and transport (routes); and it was agreed to expand the swap (exchange) of currencies in the amount of 60 billion yuan (equivalent to 8,600 million dollars) that will be used to strengthen the reserves of the Central Bank.

  • With the United States, the most relevant agreement was reached with the letters of intent signed with the investment agency of the United States, Overseas Private Investment Corporation (OPIC), which is expected to mobilize more than 3 billion dollars. Some of these letters of intent with the OPIC contemplate the financial backing for the PPP project of the C Corridor section (Buenos Aires-Mendoza); and projects on solar energy (the Ullum I, II and III projects); wind energy (North Chubut III and IV); wind energy (Cañadón León wind farm in Santa Cruz); and works for a gas pipeline in Vaca Muerta.

  • With France, a financing agreement for 360 million dollars was made to recover the capacity of maritime naval patrols, and agreements in the cultural and educational field.

  • With the European Investment Bank, it was agreed to finance expansion and improvement works in potable water services for the metropolitan area and the suburbs of Buenos Aires; and the consolidation of the Integral Management of Residues and Energy Valorization in Jujuy.

  • The Heads of State of Japan and Argentina signed a Bilateral Investment Treaty between both countries, which aims to encourage Japanese investments in various sectors of the Argentine economy.
  • With the Russian Federation, a Fisheries and Aquaculture Agreement and a strategic document on the cooperation between Argentina and Russia in the field of the peaceful use of nuclear energy were signed.

Beyond the Summit

It is worth remembering that the Summit held in Buenos Aires was just the end of a much more extensive process that began at the end of November 2017 when Argentina assumed the “pro tempore” presidency of the G-20 at the end of November 2017 and culminated with the transfer of it to Japan. During the course of this year numerous meetings and events were held within the framework of the G20, as well as intense work in each of the affinity groups of the forum: Business 20 (B20, which encompasses the private sector); Civil 20 (C20, which includes civil society); Labor 20 (L20, which includes unions and workers); Science 20 (S20, which encompasses the scientific community) Think 20 (T20, which includes Think Tanks and the academic community); Women 20 (W20, which includes women) and Youth 20 (Y-20, which includes young people).

In the case of FUNDEPS, we actively participate in Civil 20, where we co-coordinate, together with Eurodad, one of the 8 working groups of the C20 for this year: the Investment and Infrastructure group. During the course of the year the group worked virtually and even met twice, both for the meeting of working groups and for the Summit of the C-20 held in Buenos Aires in April and August respectively. The result of the work of the working groups of the C20 was reflected in a document with policy recommendations, which was delivered to President Macri during the C20 Summit and constituted an input from civil society for the discussions that took place in the frame of the G-20.

More information

Declaración de Líderes del G20. Construyendo consenso para un desarrollo equitativo y sostenible

Página oficial del G-20

Página Oficial del C20

Policy Pack: Recomendaciones del C20 al G20 de 2018

Documento del sub-grupo sobre Financiamiento de Infraestructura

Documento del sub-grupo sobre Conducta Empresarial Responsable

La sociedad civil presenta recomendaciones al G20 en la Cumbre del Civil-20 – FUNDEPS – 15/08/2018

La sociedad civil se reunió en el C20 – FUNDEPS – 17/04/2018

G20 dejó acuerdos con intención de inversiones por u$s 8.000 millones – ámbito.com

Expectativa y realidad de los acuerdos económicos de Argentina en el G20 – Noticias

Authors

Macarena Mustafá – Sofía Brocanelli

Contact

Gonzalo Roza / Coordinador del Área de Gobernabilidad Global
gon.roza@fundeps.org

The Ministry of Health published a bibliographic review document of front labeling options. The highest health authority in our country explicitly recommends the frontal labeling of warnings. It is urgent to turn those recommendations into public policies.

“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 our country, according to the National Survey of Risk Factors 2013 (ENFR 2013, Ministry of Health of the Nation), 57.9% of the adult population is overweight, 34.1% have high blood pressure and the daily average of portions of fruits or vegetables consumed is 1.9 per person. Added to this is the fact that salt consumption is twice as much and added sugar is three times the maximum recommended by the World Health Organization (WHO). This situation demonstrates the need to formulate public policies that tend to reduce the consumption of products with critical nutrients and to improve the dietary habits of the population in order to reduce overweight, obesity and other noncommunicable diseases.

In this sense, the World Health Organization has recognized a series of policies of proven effectiveness to prevent obesity, such as the restriction of advertising of unhealthy foods and beverages, a front labeling of food warnings, fiscal measures, among others. In addition, numerous human rights committees have recommended the implementation of food policies as a necessary element to protect the right to health of people.

Thus, in the concluding comments made in November of the current report to Argentina, the Committee on Economic, Social and Cultural Rights recommended “Taking effective measures to discourage the consumption of food and beverages harmful to health, including by increasing the tax on sugary drinks, strengthening the regulation of the Argentine Food Code in terms of front labeling of foods, including information on sugar in products, and implementing restrictions on the advertising of foods and beverages harmful to health, particularly those intended for children”. In the same sense, the Pan-American Health Organization (PAHO) proposes frontal labeling as one of its lines of action for the prevention of them because it facilitates the selection of healthier foods and encourages the industry to reformulate its products with the goal of making them healthier.

In Argentina there is no system of front labeling of foods established by law that informs consumers about high contents of critical nutrients (sugars, fats and sodium) nor is it mandatory to declare sugars in packaged products. For this reason and in accordance with the recommendations described, the National Program of Healthy Eating and Prevention of Obesity worked to promote a debate and positioning of the National Commission of Healthy Eating and Prevention of Obesity, regarding the type of frontal labeling to recommend for the Argentina. In this framework, 16 participating institutions voted on what type of frontal labeling and which nutrient profile system to adopt: 9 proposed warning labeling, 2 suggested Nutri-Score, 1 proposed the combination of both (warning plus Nutri- Score), 1 institution recommended a system of its own, 2 suggested the GDA with colors of the traffic light and 1 institution proposed “anyone other than the GDA”. Regarding the nutrient profile, 9 institutions proposed a profile of PAHO or an adaptation of it.

The researches examined showed the ineffectiveness of the GDA (daily feeding guides) labeling – which reports recommended percentages of daily energy or nutrient intake per serving or product – since it is generally not understood by adults or by adults. children, it takes a lot of time and is confusing even with nutritional knowledge. Despite this, this system was recommended by the Coordinator of the Food Products Industries (COPAL), an institution that declared conflicts of interest to receive financing from the industry, and by the Ministry of Production and Labor (Secretary of the Government of Agribusiness and Secretary of Commerce).

On the other hand, numerous publications explain why the frontal labeling type traffic light and the summary systems (Nutri-Score and HSR) do not influence the purchasing behavior, which is why they would not be appropriate to help the consumer in the choice of products healthy The semaphore problems to achieve this purpose, are linked to the confusion that generates in the nutritional interpretation. It has been proven that there is a compensation effect between green and red colors when they occur in the same product at the same time and that reporting on unfavorable attributes has a greater effect on the purchase decision than reporting favorable attributes. Therefore, we compare the confusion generated by the traffic light front labeling with the confusion that would generate for a motorist, that the traffic light keep its red and green lights on at the same time.

On the other hand, Nutri-Score classifies foods and beverages according to five categories of nutritional quality and a score is established assigning the product a letter and a color. The most nutritionally favorable product obtains a green “A” score and the nutritionally less favorable product obtains a red “E” score. Research showed that although it was useful to classify how healthy foods are, it was not effective to improve purchasing behavior due to the complexity generated by the combination of 5 letters with a gradient of 5 colors ranging from red to green. In addition, a food may have a high sugar content, but if it has fiber, its assessment will not necessarily be red. In this way, the consumer does not know that the food has a high content of sugar, fat or sodium, information that was shown to influence the purchasing behavior. This type of front labeling was recommended by the Center for Studies on Food Policy and Economics (CEPEA) and Center for Studies on Child Nutrition (CESNI), both institutions that expressed conflicts of interest in receiving financing from the industry.

From FUNDEPS, we supported the recommendations made by 9 of the participating institutions, including the Health Ministry, who spoke in favor of the frontal warning labeling and the nutrient profile of OPS. Indeed, numerous studies have shown that this system is the most effective in identifying products with a high content of critical nutrients (sugars, saturated fats and sodium), provides better information for the consumer, in a shorter time and favors the selection of food. healthier. Likewise, this type of labeling is prioritized because it is the most understood by children and adolescents and people of lower educational level, which is central to contemplate the perspective of inequity in public policy and protect especially the groups in the most vulnerable situations. vulnerability, those who suffer the most from obesity, malnutrition and chronic diseases in general. 

On the other hand, the Government Health Secretariat recommended that “the frontal labeling system be implemented in a mandatory and gradual manner. Progressive implementation could be useful to give both consumers and industries time to adapt to changes. It is also proposed to accompany the strategy of front labeling with communication and awareness campaigns so that the population understands the labeling and has more information on nutrition and healthy eating. In addition, it is recommended that front labeling be used as a tool to define other healthy eating and obesity prevention policies. Thus, all those foods and beverages with a critical nutrient in excess, as established by the frontal labeling system, are subject to marketing restrictions, are excluded or are included in small quantities in social plans with a food component and are not offered in establishments. schoolchildren or community kitchens. “

We consider that the technical recommendations of the Ministry of Health for the design of food labeling policies are adequate to protect the right to health of the population. In effect, the warning labeling supplies the necessary information on critical nutrients in excess, whose consumption is sought to be reduced. Thus, it protects consumers in order to make informed decisions, and contributes to the prevention of noncommunicable diseases related to inadequate nutrition. In this context of the growth of chronic noncommunicable diseases linked to an inadequate diet, it is urgent that the recommendations of the Ministry of Health become public policies that enable effective protection of health.

More information

Nutritional front labeling of food

Author

Slavenka Zec

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org