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We present a report on the human rights situation in Argentina before the IACHR

On October 30, the Inter-American Commission on Human Rights (IACHR) published a communiqué inviting civil society organizations and other interested social actors of the Organization of American States (OAS) to send information on the situation. of human rights in the region. This information will be used for the preparation of chapter IV A of the annual report of the IACHR corresponding to the year 2018 that will be presented to the General Assembly of the OAS.

“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”.

Each year, the Commission produces an annual report on the human rights situation in the region, reflecting the trends, challenges, advances and good practices that have occurred in the area of ​​human rights in the OAS member states during the year.

For the Annual Report of 2018, the Commission will emphasize the following axes: Democratic Institutionalization, Institutionality in Human Rights, Access to Justice, Citizen Security and Right to the Environment.

Together with lawyers and lawyers from the Argentine Northwest on Human Rights and Social Studies (ANDHES) we present a report on these axes in the areas we work on:

Institutionality in human rights

1. Hierarchical reduction of National Ministries of Environment, Culture, Health, Labor and Modernization and Communication
2. National Budget 2019
3. Comprehensive Sexual Education Law in danger

Access to justice

1. Preoccupation with the draft bill on collective processes
2. Access to the right to abortion in Argentina – Delay of justice in the case of Portal de Belén (by non-punishable abortion protocol in the province of Córdoba)
3. Access to justice for the elderly

Citizen security

1. Institutional Violence in Tucumán
2. Absence of mechanisms to prevent torture in Tucumán

Right to the Environment

1. Affectations to the right to health caused by the use of agrochemicals
2. Concern over project to amend the seed law
3. Failure to comply with the consultation and free, prior and informed consent of provincial law No. 5,915 to the detriment of the environment and the right to life and territory of indigenous communities in Jujuy.
4. Chinchillas Mining Project and the Pozuelos Lagoon in Jujuy
5. The indigenous community of Solco Yampa and the indiscriminate felling of trees in the province of Tucumán
6. Murder of Javier Chocobar in Tucumán

The cases presented in this report give an account of a general situation of regression of the fulfillment of human rights by the Argentine State. The exposed situations of vulnerability are particularly worrisome because they are part of a regional socio-political crisis context. In order to avoid the impact of cuts, the noncompliance with international standards and the promotion of public policies that do not attack the roots of structural inequality impact fully on the populations that are already in a situation of vulnerability, we ask the IACHR to publicly express concern about the state of compliance with human rights in the country.

More information

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

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We assume the coordination of the Free Alliance of Smoke of Argentina

On November 8, together with Lic. Patricia Croci, we assumed the coordination of the Argentine Tobacco Smoke Free Alliance (ALIAR).

“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”.

ALIAR is a coalition constituted by civil society organizations and referents in the field, which works to promote legislation on tobacco control throughout the Argentine territory. Its main objective is the protection of the health of the population against exposure to second-hand smoke, as well as the reduction and disincentive of their consumption.

This alliance has been working for ten years through a cooperative and interdisciplinary approach. “Among the fundamental achievements of ALIAR are the participation in the elaboration of the national law 26.867 of regulation of advertising, promotion and consumption of tobacco, as well as regulation No. 1203/07 of the provincial law of Tierra del Fuego, one of the greatest advances in matters of public health, when establishing the express prohibition of the exhibition of tobacco products in points of sale “, explains the lawyer Patricia Croci, who had an active participation in the process carried out in Tierra del Fuego. In addition, the coalition has focused in recent years on the generation of evidence for the adoption of effective policies, carrying out surveys in various cities of the country regarding compliance with the regulations on smoke-free environments (HLA) and publicity.

We need to continue working on the advancement of tobacco control policies. In this sense, networks such as ALIAR play a fundamental role by allowing the articulation of references from different parts of the country and the consolidation of work agendas and common objectives, which make it possible to enhance the impacts of our actions.

Author

Maga Merlo Vijarra

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

 

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Agrochemicals continue to affect the communities of Córdoba

During the month of October, we worked with the communities of Colonia Tirolesa and Falda del Carmen, two towns in Cordoba that for years suffer the consequences of the indiscriminate use of agrochemicals near populated areas. We accompany and support your claim trying to empower affected communities in the protection of health rights and a healthy environment.

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

We participated in the “Agrochemicals, Health and Environment” Conference in Colonia Tirolesa

At the beginning of October, the “Agrochemicals, Health and Environment” conference was held in Colonia Tirolesa, a town located 27 km from the city of Córdoba, dedicated to agricultural activities, in particular to the production of potatoes, soybeans and corn.

The meeting was a good opportunity to continue learning from the communities that live near fields that are frequently sprayed with agrochemicals. During this meeting, members of the community had the opportunity to express their concerns and feelings about this problem, including the diseases that affect them.

In addition, members of the “Epidemiology Group of the Digna Science” of Córdoba and Buenos Aires, showed the results of the survey carried out through Socioenvironmental Health Surveys, carried out in May 2017 in the neighborhood of the Colonia Tirolesa station, in around 76 homes. The aim of the surveys is to contribute to the visibility of the health problems presented by populations exposed to socio-environmental risks and damages, thereby strengthening the fight against the hegemonic model of agricultural production.

One of the most striking results was that, in the last 20 years, the biggest causes of death in the neighborhood are malignant tumors (30%) and respiratory causes (22%), with cardiovascular diseases being the third (19 %), being that at the national level the latter is the main cause of death.

We participate in the meeting through the development of community capacities regarding their right to health and a healthy environment. María, Coordinator of the Environment area, was in charge of teaching these rights and the different ways in which members of the community are able to claim them.

An agronomist was also present at this multidisciplinary event. There, he explained to the community that there are alternative forms of production, which do not imply any damage to health or the environment. His talk focused on agroecological practices and how to apply those practices in the field.

It was a very mobilizing event, because although residents of Colonia Tirolesa knew that the excessive and uncontrolled use of agrochemicals could affect their health and environment, they had not taken real dimension of the problem, until they were shown the results of the health surveys. It was a good opportunity for them to take a real awareness of the dangers of being permanently exposed to these agricultural chemicals.

Visit to Falda del Carmen

In October, we also met with neighbors of Falda de Carmen, a small city near Córdoba Capital, which for some years has been demanding a municipal ordinance that creates an Environmental Conservation Zone to prohibit the use of agrochemicals in the fields to populated areas.

During the visit, they told us about their beginnings in this fight against rural entrepreneurs and agrochemicals, how they were organized in the Neighborhood Environmental Commission and the different actions taken to raise awareness and raise awareness in the commune about this problem that affects them.

From FUNDEPS we committed to help the community of Falda del Carmen in the development of advocacy strategies and to support their claims in order to strengthen their human rights to health and a healthy environment.

Contact

María Pérez Alsina, mariaperezalsina@fundeps.org

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We present an annual report to INAM and we express concern about its inactivity

The civil society organizations representing the Argentine provinces in the Ad Honorem Advisory Council of INAM on November 10 presented the situation reports. We also regret the inactivity of the Council during the year and the little interaction of INAM with its members.

“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 civil society organizations representing the Argentine provinces in the Ad Honorem Advisory Council of INAM on November 10 presented the situation reports. Likewise, we regret the inactivity of the Council during the year and the little interaction of the INAM with its members. Since last year, FUNDEPS has been part of the Ad Honorem Advisory Council of the INAM, a space for collaboration between the government and organizations committed to the struggle for equality. women. This Council, created under article 9 of the comprehensive protection law 26.485, is composed of organizations from all provinces and the Autonomous City of Buenos Aires and its main function is to advise and recommend courses of action to address the problem of gender violence. However, since the meeting held in October of last year, the Council organizations have not been able to establish an active communication with the INAM, nor has progress been made in the preparation of the operating regulations of the Council.

Even so, complying with the commitments assumed as advisors, from FUNDEPS we present the annual report of the situation of Córdoba in relation to the implementation of the National Action Plan for the Prevention, Assistance and Eradication of Violence against Women 2017-2019.

In this regard, it should be noted that our province does not adhere to the National Plan, which we warn as the main warning regarding the commitments assumed by the country in the fight against violence against women, through the signing of the Conventions of Human rights that address the problem, such as the Convention on the Elimination of All Forms of Discrimination against Women CEDAW (for its acronym in English) and the Inter-American Convention of Belem Do Pará.

Likewise, we made information requests to the corresponding provincial bodies, in order to respond to the information required by the INAM, orders that were not answered within the deadlines established by law. In this sense, we resort to the information gathered through our fieldwork, as well as the data available online in the official sites of the province.

The lack of access to information is another important warning that we warn, mainly given the seriousness of the problem in our province, which already has more than 11 femicides, until August, so far in 2018.

In the report presented, activities were reported in the areas of health, education, media, as well as access to justice and work.

The lamentable inactivity of the Council and the INAM

During the month of September, FUNDEPS along with other advisory organizations presented a request for information to the INAM to understand what the operating guidelines of the Consultative Council are, in order to be able to fulfill the assumed commitments.

During the inaugural meeting of the space, the advisory organizations and the officials of the INAM agreed that during the current year we would be prepared to elaborate the regulations for the purposes of the functioning of the organ. This regulation was never drafted, nor were the consultations and questions of the Councilors answered by INAM.

Also, as part of our work of constant monitoring of media, we have made a report of media violence by the statements of Nicolás Repetto, who in an interview with a young victim of public transport abuse questioned the type of clothing that was using at that time. For this reason, we initiated the corresponding claim process before the INAM, but we did not have a timely or adequate response to our complaint.

Fully recognizing the efforts of INAM to increase transparency and accountability on the implementation of the National Action Plan for the Prevention, Assistance and Eradication of Violence against Women 2017-2019, carried out within the framework of its commitment to open government, the Lack of interaction and response to civil society is contradictory.

It is also important to analyze the economic context of the country, mainly from the forecast of the funds for the fight for equality and against the violence carried out by INAM. As ELA points out, in its report on the 2019 budget, “INAM had achieved a total of $ 211.5 billion pesos for 2018, as a result of the budget reallocations achieved during the year. For 2019, a total of $ 234,394,881 will be awarded. Although this represents an 11% increase in nominal terms, taking into account the average inflation used by the Executive Power itself in the preparation of the budget (34.8%), this implies a fall of 18% in real terms in relation to to the previous year”.

In a context where the economic crisis and the consequent budget cuts impact especially on women, organizations that do not have a voice to express their opinions and complaints or find an answer in the authorities responsible for promoting gender equality policies in all spheres, worrying.

Without prejudice to the complex reality of INAM, the advisory organizations comply with our commitments, and we hope that next year we will be able to advance in the consolidation of real spaces for public participation, with the guarantee of being consulted and listened to when designing and implementing the public policies to fight against violence against women.-

More information

Contact

Virginia Pedraza, vir.pedraza@fundeps.org

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Preliminary observations of the Special Rapporteur on the Law to food

In the period that extended from September 12 to 21 of this year, our country had the visit of the Special Rapporteur of the United Nations, Hilal Elver, with the objective of evaluating the realization of the right to food in the country, to subsequently submit a final report to the United Nations Human Rights Council in 2019.

“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 rapporteur, in her preliminary observations, emphasized:

  • Current crisis and its impact on the right to food: The Argentina faces a situation of economic and financial crisis, with
    great impact on the right to food of the population. In this At the moment, Argentina must use the maximum of its resources available to ensure the full realization of rights humans.
  • Interrelation of the right to food with other rights human rights: All human rights are interrelated, and the right to food can not be achieved without the right to a adequate housing, education, health for all and all included migrants, indigenous peoples, peasants, children and adults greater.
  • Reception of the right to food in the order Argentine legal system: Argentina, as a State party to the Pact International of Economic, Social and Cultural Rights, has the obligation to respect, protect and guarantee the right to feeding. It is also part of other international treaties fundamental principles on human rights, and they all include provisions related to the right to food adequate There is no explicit constitutional protection of the right to food at the national level and, therefore, the issues related to the right to food so integral and multidimensional. For all these reasons, it highlights the need for comprehensive framework law, with guidelines to promote and implement this right that includes food sovereignty for all.
  • Lack of update on statistical data: Argentina does not has up-to-date official data and other statistical materials that can provide reliable data on hunger and poverty in the last almost 10 years. The latest survey on food and nutrition habits was carried out in 2004-2005, and the latest survey of agricultural sector in 2002, which is not acceptable from the point of view to understand the needs and limitations of related policies with food security.
  • Food consumption in Argentina and its relationship with NCDs: El consumption in the country of fruit and vegetables is low, with only 6% of the population that consumes the amount of fruits and vegetables recommended by the WHO Food Guide. It is the country of the region that consumes the largest number of ultra-processed products and leads the consumption of soda The country includes the highest rates of obesity between children and adults. Currently, 40% of the children and adolescents and 60% of adults are overweight, and 7.3% of Children under the age of five are obese, it is the most important Elevated Childhood Obesity in Latin America It is crucial that nutrition policies are comprehensive, address all forms of malnutrition and have adequate financial support.
  • Marketing and regulation techniques. Although Argentina has with regulations on the content of advertising, have not been applied in an effective way to address the problems of obesity and poor nutrition. There are no specific rules in relation with advertising of food and drinks addressed to children, nor restrictions in relation to nutritional criteria.
  • Breastfeeding and marketing of milk formulas: the rapporteur mentions misleading advertising and growing concern about the health impacts of breast milk substitutes. Insists in the control of advertising and the implementation of strategies for promote and encourage breastfeeding, particularly during the first six months of life.
  • Family Farming: To achieve the objective of a diet adequate and healthy, considers it necessary to strengthen the family farming programs to support and protect this sector of crucial importance. Efforts should be made to promote family farming as a priority. It is the only way to achieve a balance between current industrial agriculture and the development of agroecological production systems. The achievement of this balance would be the only way to achieve a sustainable and just solution for the Argentine people.
  • School Dining Rooms: The current economic crisis seems to have a negative impact on the quality of the food in the different school canteens for the increase in prices. These dining rooms are essential for children and should be strengthened further to ensure they have access to a adequate nutrition and food.
  • Social Programs: Your concern is based on the fact that some of the social benefits exclude certain marginalized groups and disadvantaged and that these programs are not sufficient for the changing economic context.
  • Environment: Suggests that a law or program be implemented to reduce the use of pesticides in agricultural production. In relation to the Protection of Forests, the Organization of the United Nations for Agriculture and Food ranked Argentina among the countries that had lost more forests between 2010 and 2015. Warns that deforestation continues in areas where it is prohibited, and that the national government has shown a lack of interest considerable in applying the law, which is reflected in the lack of funds necessary to finance  conservation policies.
  • Use of Pesticides and Breastfeeding: The widespread use of pesticides with such frequency and intensity has generated concern regarding the exposure of women of reproductive age and of pregnant women who, in turn, can expose children to through breastfeeding. The National Institute of Industrial Technology (INTI) conducted a study of mothers who gave birth in hospitals of the metropolitan area of ​​Buenos Aires. The study determined that milk of these mothers contained levels of pesticides that were 15% more higher than the levels considered safe by law.

More information:

Preliminary Observations Special Rapporteur on the right to food, Hilal Ever, on her mission to the Argentina 12-21 September 2018

Author

Andrea Melissa Hill

Contact:

Agustina Mozzoni, agustinamozzoni@fundeps.org

 

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FUNDEPS and ARCOR met in conciliation hearing before consumer association

Last Tuesday, November 13, the consumer association Action and Defense of the Consumer and Tenant (ADCOIN) received representatives of Arcor and the Foundation for the Development of Sustainable Policies (FUNDEPS) in an extrajudicial conciliation hearing requested by the Foundation with reason for the advertising campaign “Your fair share” of the company.

The campaign “Your fair share” contradicts the right of consumers to receive information and violates the right to health

In mid-September of this year, Arcor launched the campaign that states that “a healthy life is a balanced life in which giving yourself a taste and taking care of your health go hand in hand”. As part of that campaign, a green front label with the phrase “Your fair share” was stamped on several products of the company, indicating “what is the recommended daily portion of what you like and what makes you good”.

FUNDEPS stated before ADCOIN that the campaign contradicts the guarantee of the consumers to receive adequate and truthful information contemplated in art. 4 of the Consumer Defense Law No. 24,240, in art. 1100 of the Civil and Commercial Code and in art. 42 of the National Constitution. In addition, it considers that the message that hides the advertising campaign is misleading, since it induces a false idea regarding the products. The choice of the word “fair” and the green color generate in the person who approaches the product an idea of ​​”health” very far from what really involves the consumption of ultra-processed foods such as those promoted by the campaign. In this way, it promotes and induces its consumption, exaggerating its virtues or suggesting some actually nonexistent. It is a case of false advertising, and more specifically, misleading advertising.

The representatives of Arcor affirmed in the hearing that the program “Your Fair Share” is respectful of the current legislation and that it was designed, precisely, to contribute to promote a healthy diet. They indicated that the creation of the “slogan” and the campaign had been consulted with experts in the field, “with the objective of helping the consumer limit the intake of optional consumer foods to a fair measure.”

However, both FUNDEPS and ADCOIN argued that although the campaign claims to be providing information to the consumer, the truth is that there is no recommended portion of consumption of these products. The World Health Organization (WHO) considers that ultra-processed foods “are the engine of the obesity epidemic in Latin America” ​​and should be avoided. The Arcor campaign goes in the opposite direction.

Despite the lack of a specific regulatory framework regarding labeling, FUNDEPS insists that there is a violation of the right to receive true, accurate and detailed information. The campaign does not discourage the consumption of these products or mark the maximum limit, but promotes it. Given Arcor’s insistence on the campaign’s intention to generate a tool for consumers to identify a portion and thus recognize the maximum limit, FUNDEPS requested 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. For its part, Arcor requested to know better the arguments that found the position of the Foundation and of the organizations of the region that supported the claim.

Both parties decided to continue the dialogue in the extrajudicial conciliatory scope, for which a new hearing was scheduled for the first days of December.

Lack of regulation on labeling

The nutritional labeling that is shown in the food packages should provide the consumers with the necessary information that will allow them to know the amount of critical nutrients, such as sugar, grease or sodium that they are consuming. In this way, the Pan American Health Organization (PAHO) recommends implementing a front labeling, which applies to processed and ultra processed foods, including beverages, and that provides information directly, easily and quickly. In addition, you should warn about the high content of nutrients associated with health problems, such as sugar, fat and salt, according to a nutrient profile. The implementation of these warnings should include the restriction to the use of slogans, images and colors that may suggest characteristics that those products do not have. Likewise, these policies should be accompanied by campaigns aimed at promoting a more conscious purchase, using labeling.

It is evident that current legislation is ineffective in adequately protecting the right to health and food, which leaves room for companies to take advantage of these legal gaps, confuse consumers and consumers, and limit their choices.

In this way, the State fails to comply with its obligation to protect the human right to health that requires that the actions of third parties not affect the effective enjoyment of this right. This situation demonstrates the need to strengthen the existing regulation and the implementation of effective mechanisms aimed at restricting these deceptive marketing practices and preparing a nutritional label that provides the necessary information to ensure the right of consumers and consumers to clear and truthful information, contributing to the choice of healthier options.

Children and teenager: main affected

The message contained in the products advertised by Arcor violates the rights of children and adolescents, because they are the main consumers of this type of food. The cartoons, the characters, the designs and the colors that illustrate the packages of these products are childish, with a clear intention to get their attention.

Because it is a vulnerable group, with fewer tools to decide what kind of food to choose for a balanced diet, FUNDEPS made a presentation to the Children’s and Adolescents’ Advocacy of the Province of Córdoba, requesting that the necessary means be found to respond to this campaign and to enable mechanisms for the dissemination of correct and scientific information on healthy eating.

The same proposal was made together with FIC Argentina before the Ombudsman’s Office of the Province of Buenos Aires, by Walter Martello. On that occasion, the organizations asked the defender to urge the national authorities to intimidate the company to withdraw from the communication channels, point of sale and market in general, the “Your Fair Share” campaign and to urge the Executive Branch and the National Legislature to strengthen the regulatory framework to prevent commercial actions such as this one from being carried out, which violate the right to health, food and information of consumers, especially children and adolescents.

Contacts

Agustina Mozzoni, agustinamozzoni@fundeps.org

Mayca Balaguer, maycabalaguer@fundeps.org

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Business activity and women’s rights in the United Nations agenda

We participated in the call of the Working Group on the Gender Perspective in the United Nations Guiding Principles on Business and Human Rights, in order to comment from our experience on the relationship between business activities and women’s rights.

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

The Working Group on the issue of human rights and transnational corporations and other companies, operating within the framework of the United Nations, made a call for civil society organizations to send their comments on the relevant issues regarding impact. of business activity in the human rights of women. For this, we elaborate comments from the point of view of our work agendas, to comment on the situation of health impacts, on the participation of women in companies, and on women and the media.

First, we address how women experience the impact of human rights abuses related to companies differently and disproportionate, exposing the cases of the tobacco industry and breast milk substitutes. Both industries, with their particularities, have aggressive marketing strategies. The tobacco industry especially targets young women in cigarette consumption through strategies such as flavored cigarettes or “light” or sponsorship of fashion events. On the side of the breast-milk substitution industry, they also operate with misleading marketing and labeling strategies on the characteristics of the products, as well as having great interference in public policies – in a situation of conflict of interest – discouraging breastfeeding. maternal and its replacement by the formula from an early age.

On the other hand, financing for development provided by international financial institutions to the private sector also has environmental, social, health, access to infrastructure and housing, and indigenous rights, which affect women in particular. The IFIs in general have difficulties and failures in the implementation of their policies, and particularly in the design and application of gender policies. We emphasize then that policies in general, and particularly those on gender, should be strengthened so that they establish clear guidelines for clients (especially companies and other private entities) to apply differentiated impact assessments, and also strengthen accountability mechanisms to give effective remedies when there are negative impacts.

Finally, we also exposed all the difficulties and barriers that women face to participate in jobs in the private sector, with information obtained through our research on equal opportunities for women and LGTTBIQ + people in companies, unions and universities. We also send recommendations on how media and advertising industries could fight against gender stereotypes and the disempowerment of women.
More information:
Carolina Tamagnini – carotamagnini@fundeps.org

 

 

 

 

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The SCJ rejected the plans of the “Portal de Belén” in the cause of non-punishable abortion

On November 9, the Superior Court of Justice (SCJ) resolved the definitive integration of the court that will decide on the “Portal de Belén” case, in which the constitutionality of the “Procedural Guide for the care of patients who request non-punishable abortion practices “(Resolution No. 93/12, Ministry of Health). In addition, he urged the plaintiff party to avoid delays in the case.

“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”

Resolution No. 106 of the highest court of the Province of Cordoba is issued on three issues:

  1. The allegation by the Portal de Belén association that the rejection by the Senate of the project of decriminalization and legalization of the voluntary interruption of pregnancy constitutes a new fact to be taken into account by the court.

On this point, the TSJ states that the allegation was made out of time. But also, said that “the supposed alleged novelty became a mere particular legal interpretation rehearsed by the plaintiff on a political-legislative decision of the Congress of the Nation”, prima facie, far exceed “What is specifically discussed in these cars, with the independence of the integral weighting that has been done in the final judgment “. “I have not had a place.” Finally, this request will be rejected as manifestly inadmissible and dilatory.

2. The recusal without cause to the cameraman Sánchez Torres.

Given that three of the seven “natural” members of the TSJ will not resolve in this case due to licenses or excuses (Carlos García Allocco, María Marta Cáceres de Bollati and Sebastián López Peña), the three vacant places will be completed by female judges from a list of 16 judges conformed through Regulatory Agreement No. 1434 – Series “A” of 07/11/2017. The association Portal de Belén opposed that Judge Julio Ceferino Sánchez Torres joined the court through a challenge without expression of cause.

To this request the Court responded that “the recusal without expression of cause is not possible, in Córdoba, in an amparo trial, such as the one dealt with in these proceedings, in accordance with Law No. 4915 (Article 16) . However, even if by mere hypothesis it is admitted that the parties have such an attribution for subsidiary application of the CPCC, the Bethlehem Portal proposal should also be rejected as untimely “, since it took more than three days, which is the deadline for this type of orders. Consequently, it is clear that the attempt of Portal de Belén to prevent Sánchez Torres from joining the Tribunal was only a delaying strategy.

3. The recusal with expression of cause to the four natural vowels of the SCJ.

The plaintiff argued that the four original vowels of the SCJ should be set aside because the deadlines for failure are “overdone”. However, the Court considered that this assertion “has no basis […] and seems rather aimed at delaying and making impossible that this TSJ can finally be issued.”

The court affirms that the departures attempted by “Portal de Belén” are inadmissible, “even more in the context and in connection with the battery of incidents promoted by the plaintiff, which, if they are linked, demonstrate the will to prevent the integration of this court ”

“The broad exercise of the right of defense can not be confused or made compatible – much less tolerated – with the articulation of ostensible and evidently dilatory incidents, as is clear if each of the presentations made by “Portal de Belén” are connected,” concluded the Court.

Consequently, the final sentence will be dictated by the “original” members of the Superior Court Aida Tarditti, Domingo Sesin, Luis Enrique Rubio and Mercedes Blanc de Arabel, as well as by the chambers Claudia Zalazar, Julio Ceferino Sánchez Torres and Silvana María Chiapero.

The situation of the Legal Interruption of Pregnancy in Córdoba

In 2012, after the pronouncement of the Supreme Court of Justice of the Nation in the ruling “FAL s / autosatisfactivas measures”, the Ministry of Health of the Province of Córdoba approved the resolution 93/12 and the Guide of abortion care not punishable in order to guarantee rapid and safe access to the practice of non-punishable abortions in the provincial public health services. Thirteen days later, Portal de Belén – Civil association filed an appeal against the Province of Córdoba, requesting that the resolution and guidance be declared unconstitutional and, as a precautionary measure, the suspension of the same.

In the first instance, the judge in the case made the precautionary measure stating that the guide could not be applied in its entirety, specifically with regard to access to legal interruption of pregnancy in cases of rape. In second instance, the Civil Chamber resolved the amparos presented for the purposes of appealing the first sentence, making room for it. Since 2013, the Superior Court of Justice must resolve the appeals filed and rule on the merits of the case.

Access to the Legal Interruption of Pregnancy is a recognized human right in our national and international legal framework. It is necessary to 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.

After more than 6 years of the judicialization of the guide, it is time for the court to be issued in this case that, in its own words, “has the maximum social significance and public interest.”

More Information:

Writer: Mayca Balaguer 

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The Network of Organizations Against Corruption met

On September 27 and 28, representatives of different civil society organizations from Argentina met to shape the Network of Anti-Corruption Organizations (ROCC).

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

In the month of December 2017, Poder Ciudadano, the Center for Research and Prevention of Economic Crime (CIPCE), the Civil Association for Equality and Justice (ACIJ), Fundación Nuestra Mendoza, Latin American Center for Human Rights (CLADH), Acción Ciudadana Areco, Foundation for the Development of Sustainable Policies (FUNDEPS), Transparencia Ciudadana Foundation and, the Transparent Salta Foundation; we are the Network of Organizations Against Corruption.

The purpose of this alliance is to advance in the struggle and political advocacy on corruption issues at the national and provincial levels. Particularly, among the topics that are to be addressed are transparency, access to public information, public ethics, financing of politics, conflicts of interest, among others. We want to promote State policies that ensure an institutionalization made available for government accountability and transparency of government actions. This September the members of the ROCC met to outline upcoming joint actions and lines of action to address from now on.

Contact

Agustina Palencia

agustinapalencia@fundeps.org

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The right to life according to the UN Human Rights Committee

The Human Rights Committee approved on October 30 its General Comment No. 36 on Article 6 of the International Covenant on Civil and Political Rights that establishes the right to 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”

This pronouncement focused on certain issues such as the abolition of the death penalty, the importance of having solid methods of accountability, the protection of the rights of persons deprived of their liberty and the protection of defenders. of human rights against reprisals. The Committee opposed a restrictive interpretation of the right to life and stressed that people have the right to enjoy a life with dignity. In addition, its members highlighted the link between the right to life and the obligation of States to prohibit war propaganda and hate speech.

The right to life before the interruption of pregnancy

With regard to States and their power to adopt measures regulating the termination of pregnancy, the Committee noted that such measures “should not result in the violation of the pregnant woman’s right to life or her other rights under the Covenant,” such as the prohibition of cruel, inhuman or degrading treatment or punishment. Therefore, all legal restrictions that limit women’s ability to undergo an abortion should not, among other things, endanger their lives or expose them to physical or mental pain or suffering. ”

In addition, it indicated that States parties should “facilitate safe access to abortion to protect the life and health of pregnant women” and “should not regulate pregnancy or abortion in a manner contrary to their duty to ensure that women do not they have to resort to dangerous abortions. “In this sense, the Committee understands that States” should not adopt measures such as penalizing the pregnancies of single women, nor apply penal sanctions to women who undergo an abortion or to the doctors who perform them. they attend to do it “.

In addition, she said that “excessive or humiliating requirements should not be established for women who wish to have an abortion,” and concluded that “[t] he obligation to protect the lives of women against the health risks related to dangerous abortions requires States parties to guarantee women and men, and adolescents in particular, access to information and education about reproductive options and a whole range of contraceptive methods. States parties should also ensure that pregnant women have access to adequate health care services, both prenatally and post-abortion. ”

International human rights organizations in tune

This statement is added to a list of expressions that different human rights organizations have had throughout the year regarding the situation of abortion in our country and in the world.

On June 1, the Committee on the Rights of the Child, the body that oversees compliance with the Convention on the Rights of the Child, issued its Final Observations for Argentina. There, he was forceful in urging the State to ensure “access to safe abortion services and postabortion care for adolescents, ensuring that their opinions are always heard and duly taken into account as part of the decision-making process.”

In the same vein, before the bill of voluntary interruption of pregnancy was discussed in the Chamber of Deputies on June 13, the Working Group on the issue of discrimination against women in legislation and in the practice of the UN through a letter congratulated Congress for its consideration of a bill that decriminalizes the termination of pregnancy in the first fourteen weeks, and urged that this project be approved. “We welcome the important step that is being taken to guarantee women all their human rights, including the rights to equality, dignity, autonomy, information and bodily integrity and respect for privacy and the highest possible level of health. , including sexual and reproductive health without discrimination, as well as the right to a life free of violence and not to suffer torture and cruel, inhuman or degrading treatment, “the Working Group had expressed.

After the legislative debate, the same Working Group deeply regretted that the Argentine Senate rejected the bill that would have legalized abortion in the first 14 weeks of pregnancy, and described the decision as a missed opportunity to promote women’s rights in the country.

Something similar happened with the Committee of Experts of the Follow-up Mechanism of the Convention of Belém do Pará (MESECVI) that greeted and congratulated the Chamber of Deputies of the Argentine Nation for the approval of the bill in the month of June. After the rejection of the project by the Senate, the MESECVI expressed its regret and argued that “[t] he approval of this law would have constituted a significant advance in the consolidation of women’s rights in accordance with the spirit of the Convention of Belém do Pará, since it not only sought to guarantee their sexual and reproductive rights, but also to protect women’s lives, their physical and mental integrity, and their fundamental freedoms. ”

Finally, just over a month ago, the United Nations Committee on Economic, Social and Cultural Rights concluded the fourth report of Argentina on its implementation of the International Covenant on Economic, Social and Cultural Rights. There he highlighted the high numbers of dangerous abortions in Argentina and the obstacles to access to abortion in the causes foreseen by the current law, such as the lack of adequate medicines and the negative impact of the conscientious objection of health professionals. In addition, it recommended the provision of contraceptive methods throughout the territory, as well as the adoption of effective measures for the implementation of causes of non-punishable abortion in all provinces (as established in the FAL ruling) and access to medicines that allow a safe interruption of pregnancy. It also recommended the regulation of conscientious objection in order not to obstruct the rapid and effective access to abortion, with dignified treatment by health professionals for patients seeking access to abortion services, as well as not criminalizing women who resort to abortion. practice.

All these pronouncements published in 2018 are added to a long list. For years, international human rights organizations have called attention to Argentina and the rest of the world on the standards of protection they must comply with regarding the sexual and reproductive rights of women and pregnant women. It is important to understand the dimension of these expressions: international experts are pointing us the way towards legislation on abortion that respects the commitments assumed in each of the pacts and treaties that Argentina has ratified.

Writter:

Mayca Balaguer

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Organizations request spaces for participation in the Federal Council for Transparency.

Organizations members of the Network of Organizations against Corruption (ROCC) asked the President of the Federal Council for Transparency to enable participation spaces with Civil Society Organizations.

“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”

Poder Ciudadano, the Center for Research and Prevention of Economic Crime (CIPCE), the Latin American Center for Human Rights (CLADH), Foundation for the Development of Sustainable Policies (FUNDEPS), Transparencia Ciudadana Foundation, Nuestra Mendoza Foundation, the Civil Association for equality and justice (ACIJ) Acción Ciudadana Areco and Fundación Salta Transparente – Organizations member of the Network of Organizations against Corruption (ROCC) – presented to the president of the Federal Council for Transparency, Dr. Eduardo Bertoni, a letter requesting the means for the establishment of spaces for consultation, participation and discussion that involve civil society organizations are arbitrated. The Federal Council for Transparency, created by the Law of Access to Public Information, was constituted as a technical cooperation space, made up of representatives of the Executive Power of each province of the country and of the Autonomous City of Buenos Aires, created for the promotion of public policies on transparency and access to public information throughout the country.

However, the member organizations of the ROCC pointed out that the Federal Council for Transparency does not have a space for articulation and exchange of ideas with key actors, such as civil society organizations, that allow for the nourishment of a space in which discuss and specify public policies of utmost importance for society. The public administration must always take into account that for the design of any public policy of such relevance to society, it is essential to ensure the inclusion of the voices of citizens, which can provide a different point of view and sometimes more consistent with reality from day to day. This type of space is fundamental to achieve a strategic and effective resolution of conflicts related to transparency and access to public information. The Network of Anti-Corruption Organizations is made up of a group of civil society organizations that want a present, transparent, accountable state with the highest standards of integrity. That is why we ask the Federal Council for Transparency to allow dialogue and the participation of Civil Society Organizations since together they can design public policies and action plans much more effective and with greater strength.

Access the note here: LINK

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The 4th session for the discussion of a binding treaty on companies and human rights ended.

During the week of October 15 to 19, the sessions of the Intergovernmental Working Group of the Human Rights Council of the United Nations took place. This group meets for the fourth time, and the discussions around a draft for the adoption of a binding treaty that seeks to regulate the activity of transnational corporations and their effects on human rights.

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

A draft text for the ‘Binding Treaty on Business and Human Rights’ was finally submitted in mid July. This document was launched in Geneva, within the framework of the mandate of the Intergovernmental Working Group on Business and Human Rights, which indicated that a binding treaty on this matter should be developed. The sessions in October, took as a starting point for the debate, that ‘Zero Draft’.

The immediate antecedent of this draft was the document known as “Elements of the Treaty” that circulated at the end of 2017 and was discussed at the third session of the Intergovernmental Group in October of that same year. Subsequently, these ‘Elements’ were submitted for public consultation and comments were received until February 2018. Once the process was closed, the construction of a text for the 4th session was left.

About the ‘Zero Draft’

At first glance, the essential difference between both documents (the treaty and the elements), is the disappearance of the term ‘other companies’ when it refers to the subjects susceptible of judicial responsibility. The debate over the inclusion of other companies besides those of a transnational nature was strongly opposed. This, since it was considered that this treaty should only focus on those companies that have activities in two or more national jurisdictions because those that only acted in one State, were subject to national regulatory regimes. However, it should be noted that Article 4 of the draft defines ‘transnational business activities’ as any productive or commercial activity that takes place in two or more national jurisdictions. This reference could also be interpreted for those business activities carried out in a single State but that could be transnationalized due to their inclusion in a value chain.

Likewise, the preamble of the document does not include in its entirety what had been proposed in the draft elements of the treaty. The document published at the end of last year mentioned, among other things, the importance of referencing the Guiding Principles, the rules on the responsibility of transnational corporations and the pressing situation regarding the negative impacts of business activity on human rights. The draft treaty, in its preamble, fails to recognize all the elements that frame the process of creating this binding instrument.

In a second instance, it is important to mention that the draft text highlights the responsibility of the State as the first and only protector of Fundamental Rights in the face of corporate actions, although it ignores the possible damage caused to the commercial activity of nations. In this sense, those commercial activities that are supported by the States (generally public private investments) do not have a reception in this treaty.

The draft also surprises because of the relevance given to the remediation of damages and the rights of the victims, given the urgent need to prevent companies from violating human rights. This disparity between the remedy and prevention was noted by civil society in the ‘Elements’ document, and criticized as it is necessary that the damages caused by business activity be prevented in the same way as the provision of compensation to the victims.

Despite the strong focus on the ‘effective remedy’, the draft adopts an article on prevention; in which it is important to mention the obligation to establish legislation that obliges companies to take due diligence actions. Including environmental and human rights assessments to analyze their activities and take the necessary actions to prevent damage.

Now, it is clear that the draft proposes a binding component for the States, in the sense that it forces them to adopt legislation that ensures respect for Human Rights against business activity. However, the text does not evidence the responsibility of the companies and this is because the treaty will not make them obligated subjects but through the laws that the States will implement. In this regard, the possibility of creating a ‘tribunal’ or another similar institution that has the capacity to judge and penalize the actions of transnational companies disappears.

The draft of the treaty did not include the chapter on ‘Obligations of companies’ that was found in the ‘Elements’; nor were the obligations of international organizations included.

An important element that appears in the draft is the ‘International Fund for Victims’, whose objective is to collaborate with the effective remediation to the damages caused by the business activity.

About the 4th session

After the 4th session of the Intergovernmental Working Group, the polarization of opinions between the countries of the ‘north’ and the global ‘south’ has become evident. The countries belonging to the BRICS block, together with most of the African continents and Latin American; have shown a positive response to the initiative of a legally binding instrument. However, representatives of the European Union, the United States of America, Japan, Australia and Canada, in addition to not having been present at the negotiations, have made clear their refusal to endorse the creation of the aforementioned treaty.

This polarization has relevant effects on the effective force that an instrument of these characteristics can have. Since most of the transnational corporations that would be forced by this text, stay in the States that today pronounce themselves in a manner opposite to the treaty, the protection of human rights against the activity of transnational corporations would not be completely insured .

There are still no certainties about how the process will continue after this fourth session and it is also not clear how civil society will be included in it. According to the ‘Global Campaign to Stop Corporate Impunity’, the following are the points recommended to the Intergovernmental Group, to give continuity to the negotiations:

  1. The future treaty should be aimed at Transnational Corporations (TNCs) and other companies with transnational activities, in accordance with the mandate given to the Intergovernmental Working Group in resolution 26/9.
  2. The future treaty must contain direct obligations for NCDs. It must also establish the joint and several liability of the parent companies with the entities throughout its global production chain (subsidiaries, subcontractors, suppliers, etc.).
  3. The future treaty should provide for an international enforcement mechanism with effective and binding enforcement powers. In this regard, the Global Campaign proposes the creation of an International Court to prosecute TNCs that commit human rights violations and an International Monitoring Center for TNCs.
  4. The future treaty must clearly establish the primacy of human rights obligations over trade or investment agreements.
  5. The future treaty should include concrete measures against the influence of TNCs in the process of formulating public policies at the international and national levels.
  6. The effective participation of civil society in all stages of negotiations on the draft treaty and the safeguarding of the process of influence of TNCs and their representatives.

Writer:

Agustina Palencia

Contacts:

More Information:

We present comments on the draft treaty on business and human rights.

Advancing towards a binding treaty on transnational corporations and human rights.

Zero Draft Binding Treaty