From July 11 to 13, the First Latin American Workshop on Litigation Strategies on Climate Change and Human Rights was held in Bogotá, Colombia. The workshop was jointly organized by the Law, Justice and Society Studies Center (Dejusticia) and the Sabin Center on Climate Change Law at Columbia University.

“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 event brought together 21 activists and lawyers from Latin America who work on environmental issues and human rights with the purpose of training them on the new and innovative strategies of climate litigation in the world.

In this sense, the three main objectives of the workshop were:
– Analyze the theoretical and legal bases that have been used in different types of climate litigation in different parts of the world.
– Develop specific strategies that the participants can adapt to their own countries and organizations.
– Establish a collaborative network between activists and organizations interested in studying and promoting strategic litigation on climate change in the region.

During the workshop, various presentations were presented on the importance of climate justice, the types of existing climate litigation, legal principles and doctrines, legal precedents, climate litigation strategies, as well as the climate litigation challenges related to jurisdiction, attribution factor, causality, quantification of damages, among others.

Likewise, the new tendencies in the matter of climate litigation were presented, taking as initial kick-off the first guardianship on climate change and future generations of Latin America granted by the Supreme Court of Justice of Colombia to 25 boys, girls
and young people, supported by Dejusticia.

More information:

https://www.dejusticia.org/tutela-cambio-climatico-colombia/
http://climatecasechart.com/

Contacto:
María Pérez Alsina –mariaperezalsina@fundeps.org

In 2016, “Justice 2020” program was created within the scope of the Ministry of Justice and Human Rights, by Germán Garavano. It is a space for institutional and citizen dialogue that seeks to build a close, modern, transparent and independent justice.

“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 commission formed by different experts within the framework of this program (within the civil axis and the team “Procedural changes for a better justice service”) worked on the drafting of a preliminary draft that regulates the process of the actions that are aimed at issues of collective affectation.

And is that our constitutional order provides for the existence of a collective procedural protection of rights of collective incidence since the 1994 reform, but no specific law was developed so far. So far, the provisions of the jurisprudence have been applied, fundamentally for what the Supreme Court established in the Halabi ruling of 2009, where it created a new procedural path for the protection of this type of rights, by accepting the figure for the first time of the “class action”.

In this ruling, the Court referred to the lack of regulation in the area of ​​collective actions, characterizing it as a default of the legislator. However, this lack was replaced in practice by the Courts of the country, which have long been admitting the origin of these actions, and in respect of which it has been litigated (and is still litigated) without uniform and clear rules.

The preliminary draft that was presented in mid-May on the portal of the Justice 2020 Program arises, then, with the aim of giving uniformity and clarity to collective processes.

However, together with numerous social organizations, we express our concern for the content of this draft and we ask Minister Garavano to refrain from pushing the bill before the National Congress.

If successful, this project would limit collective actions and affect its operation. Collective actions are indispensable for the recognition and protection of fundamental human rights of a collective nature. A restrictive and delaying regulation of collective actions, such as the one that emerges from the draft, could hinder the advance of this type of claims, and would imply a serious setback in relation to the current situation.

Among the aspects that concern the preliminary draft, we highlight the following:

Interference in procedural matters: the regulation of local procedural matter is exclusively provincial competence.
Excessive rigor for the determination of “adequate representation”: the requirements are excessive, because they impose on the affected parties, organizations and their lawyers a series of extremely strict requirements that will mean a limit for the presentation of collective actions .
Limitation of precautionary measures: the draft regulates the issuance of precautionary measures in such a way that it frustrates its operation, since it foresees that the recipient will be transferred, detailed substantiation is required and the resolutions that deny them can not be appealed.
Ordinarization of collective processes
Establishment of long and cumbersome procedures for registration and consolidation of the class, including various secondary processes within the main process,
Restriction on the participation of third parties
Regulation of competition
Lack of gratuity
Express exemptions of procedural rules of a collective nature that have a higher level of protection of collective rights. Art. 54 of Law 24,240 (Consumer Defense Law); and the first paragraph of art. 32 of Law 26,675 (General Environmental Law), replacing them by more restrictive regulations.
We consider that this proposal for the regulation of collective actions implies a setback in relation to current regulations and practices to ensure access to justice for individuals and groups in vulnerable situations.

A process must be initiated to discuss the difficulties for access to justice faced by organizations and users of collective actions, so that future proposals for regulation effectively allow for greater use and effectiveness of these actions.

Complete communication of Civil Society Organizations

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

During the month of April, the Minister of Modernization, Andrés Ibarra, spoke at the Palacio San Martín on open government, ratifying the commitment of the Argentine State to policies that promote easy access to public management information for citizens. He did so to present the launch of the “OECD Study on Open Government in Argentina”, accompanied by the Deputy Secretary General of the Organization for Economic Cooperation and Development (OECD), the Finnish Meri Kiviniemi, and the chief of advisers of the Ministry of Treasury, Guido Sandleris.

“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 OECD study will be carried out throughout this year 2018 and is expected to be presented to the OECD Public Governance Committee in April 2019. This report will present two main objectives: first, to support the implementation of open government strategies and initiatives through an in-depth analysis of the current state of the national government’s reforms focused on promoting the application of these principles, both in the national and provincial public administration. As a second objective, it will try to accompany the Argentine provinces in the process of improving their open government strategies and initiatives, through a data-based approach and peer review. This review process will include visits to three provinces of the country, selected jointly by the OECD and the Argentine government.

The Open Government is a way to develop public policies in an open manner, with the objective of facilitating access to information, encouraging citizen participation and intensifying the system of accountability. It implies a modality of public management that is more transparent, participatory and that improves collaboration between the State, the Government and Civil Society. This movement had its origins in the Great Britain of the ’70s, as a movement that sought to dismantle the secrecy and bureaucratic obscurity that governed British politics. It is currently promoted at the international level by the so-called Open Government Alliance, a multilateral initiative that seeks to ensure specific commitments of governments to advance in the promotion of Open Government.

Argentina has a long history of relations with the OECD, adhering to multiple declarations and conventions of the Organization, as well as participating in official bodies and the Development Center of the OECD. However, it is not yet a Member and it is well known that the national government would like to be able to obtain the formal invitation of the Organization to become one, or at least maintain the best possible relations with its members, since it deals with the countries where a large part of Foreign Direct Investment (FDI) comes from. Therefore, it is of great importance for the Government to undergo a study by the OECD and, above all, to produce good results that can improve its international image.

However, and beyond what the importance of this OECD study for the national government and the results it yields, it should be clarified that there is still much to be done in the path of open government in Argentina. Its effective application must be based on open and easy access to public information by civil society, but it must also contain adequate mechanisms to ensure that this civil society can participate and interact with decision-making based on this information. Last but not least, among the measures should be included those relevant to debureaucratization, which facilitate the exercise of the previous two.

Based on the provisions of the Third National Action Plan for the period 2017-2019 launched by the Ministry of Modernization and the commitments it proposes, it can be observed that from the Argentine State only progress has been made regarding the first characteristic of an open government, accessibility to information by the general public and not without problems, as detailed in the Open Government Partership portal in its section dedicated to Argentina.

It is also worth mentioning that the movements related to making effective and real the participation of civil society for the time being seem to have been limited to activities of the National Open Government Roundtable and other days and survey of demands: far from the effective establishment of institutional mechanisms that integrate to decision making. In terms of debureaucratization, progress has been made in the use of new technological tools and communication linked to the Internet to streamline procedures and consultations from society to the State, such as the implementation in 2016 of the Platform for Public Consultation. However, there are still several areas where the reduction of bureaucracy has not arrived, not to mention that it remains to be seen to what extent these tools are effective on the path to open government.

Clearly, considering all of the above, it can be affirmed that, in order to achieve transparent public policy decision-making, with citizen participation and accountability, many more advances must be made than before. Perhaps the announced OECD study opens a window for organizations, experts and society in general to make their voices heard and promote the necessary measures.

Author:

Agustín Fernandez Righi

Contact:

Agustina Palencia – agustinapalencia@fundeps.org

On June 18, 2018, within the framework of the Project AJuV- for the Promotion of Access to Justice of Vulnerable Groups- of the Office of Human Rights and Justice of the Judicial Branch of Córdoba – Argentina, an external consultation session was held. on access to justice for the elderly in the province of Córdoba, which included the participation of numerous organizations that work locally to promote the human rights of older people, including FUNDEPS.

The AJuV Project aims to develop contextual action strategies that allow access to justice for vulnerable groups. These actions consist of: virtual training courses for all judicial personnel, publication of normative compendiums with summaries in simple language for the social dissemination of rights, awareness-raising events to address the legal culture in relation to vulnerable sectors and the preparation of action protocols for judicial personnel.

The latter will be the daily consultation tool for those who provide justice in cases involving people belonging to the vulnerable group.

In order to enrich the assembly of the protocols, the Discussion generated a space for communication and debate with relevant organizations and actors for the promotion of access to justice, discussing obstacles, good practices and cross-cutting recommendations to different groups in conditions of vulnerability in Córdoba.

It is expected that this type of initiative can generate measurement indices about the levels of effectiveness of the policies implemented and that those responsible be established to monitor and comply with the policies that guarantee the access of the elderly person to justice.

Author

Laura Alesso

Contact

Agustina Mozzoni, agustinamozzoni@fundeps.org

The works of the Environmental Center of Villa Carlos Paz show an advance of 90% and estimate that in 30 days it will be in operation. Meanwhile, the concern of the residents of Malagueño continues asking for concrete measures to make effective the differentiated collection of waste as well as awareness campaigns.

“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 project “Environmental Center of Villa Carlos Paz” is being developed in a municipal area located near the National Route 20, which links it with the city of Córdoba, where the current open-air dump is currently operating. It will process the garbage of more than 100.00 inhabitants of the region that includes Villa Carlos Paz and neighboring localities (Villa Rio Icho Cruz, Mayu Sumaj, Cuesta Blanca, Tala Huasi, Cabalango and Malagueño).

In Centro Ambiental, it is integrated by three works: a sanitary landfill for the disposal of solid urban waste, a separation and treatment plant for leachates (toxic residual waste liquid) and the closure of the existing open-air dump for more than 50 years. years.

The works with a total investment of 188,403,896 pesos are being financed through the Environmental Management Program of Tourist Municipalities, executed by the Ministry of Tourism of the Nation with funds from the IDB (Inter-American Development Bank) and the National State.

The construction of the Environmental Center began in mid-2017 and according to Horacio Pedrone, Secretary of Environmental Urban Development of the Municipality of Carlos Paz: “We think that by the second half of this year, we will have the new Environmental Treatment Center in operation of urban solid waste “.

While the works are advancing rapidly and the authorities of Carlos Paz announce that at the end of August the differentiated waste collection will begin in the city, in charge of the company Cotreco, in Malagueño there is uncertainty and concern.

In this regard, it is stated that although the Municipality of Carlos Paz has announced communication and awareness campaigns to the community on how to proceed when separating and collecting garbage, no concrete measures have yet been observed. The Malagueño authorities for their part say nothing about it, and taking into account that the Environmental Center will be inaugurated soon, the residents of Villa San Nicolás (Malagueño) fear that the place will become a new landfill.

The project foresees that once the construction of the Environmental Center is completed, the definitive closure of the existing open-air dump would begin, solving a problem that takes 58 years. Until recently, even the fire sources in the same one continued, affecting the smoke and the toxic gases emanating from the landfill to the San Nicolás neighborhood and other neighborhoods near the highway.

In addition, during the last months of December and January, the landfill was burning for more than 80 days, and therefore self-appointed neighbors organized protests calling for an environmental emergency to be declared as a result of the toxicity generated by the smoke from the burning garbage.

In short, the environmental damage affects the air that neighbors breathe, and due to the rains – which increase during the summer and tourist seasons – the ashes end in the San Roque dam that supplies water to 70% of the city ​​of Córdoba.

From FUNDEPS we follow this process and accompany the community of Villa San Nicolás to ensure respect for their rights to a healthy environment, health and access to information and citizen participation. Likewise, and as we have been saying for some time, we consider questionable the location of the Environmental Center next to the La Calera Defense Nature Reserve, and meters from San Roque Lake in areas that may have a higher filtration or percolation propensity towards the Napa of water.

More information

http://www.eldiariodecarlospaz.com.ar/sociedad/2018/6/14/en-agosto-comenzaria-la-recoleccion-diferenciada-de-residuos-52986.html

http://www.eldiariodecarlospaz.com.ar/sociedad/2018/5/15/asi-es-el-centro-ambiental-donde-se-procesara-la-basura-de-punilla-51764.html

https://lmdiario.com.ar/noticia/43262/malagueno-denuncian-problemas-respiratorios-por-los-incendios-del-basural

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

Gonzalo Rozagon.roza@fundeps.org

On June 28, the international day of LGBT pride is celebrated in commemoration of a series of events known as “Stonewell riots” that mark the beginning of the struggle for collective 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 police raid that persecuted homosexual people who frequented the Stonewall Inn bar in New York gave rise to the demonstrations that, in 1969, were the most visible and iconic milestone of the time in the struggle of the LGBT + community.

This 28J finds the collective continuing and deepening this struggle. The transvestite and trans organizations celebrate this date with the convocation to the third national march under the slogan: “Enough of transvesticities and transfemicidios”. There will be mobilizations in the City of Buenos Aires and in different cities of the country.

Two important events accompany this day. First, the unpublished and historic June 18 ruling that sentenced Gabriel David Marino to life imprisonment for the crime against the transvestite human rights activist Diana Sacayán. It was the first time that Justice used the term “transvesticide” in the files. In the sentence, the court considered that it was a hate crime and that it mediated gender violence. On the other hand, the same day, the World Health Organization excluded transsexuality from its list of mental disorders, marking a great advance in the historical claim of the LGBT + group for the total depathologization of transsexuality and human diversity.

Also, today at 2:00 p.m. a bill that seeks the promotion of formal employment for transgender people and transvestites in the provincial sphere will be presented in the Legislature of Córdoba. This local initiative is part of the National Campaign for Trans and Transvestite Labor Inclusion that was launched in 2016.

In a sociocultural context of increasing respect and tolerance towards oppressed groups and minorities, much remains to be done. Although there are no official figures, the organizations count more than 40 victims of transvesticides and transfemicides so far this year. Also worrying is the average life of the trans community, which is barely 35 years old.

“We go out to the streets to shout enough of transvesticides and transfemicidios, enough of hate crimes, enough of avoidable deaths, enough of exclusion, enough of persecution and criminalization, enough to deny us access to work, we demand the law of labor quota in all the country, for the effective application and respect of the law of gender identity, especially in the field of health, because the medication is delivered to people living with HIV / AIDS, and for the approval of a law of historical reparation for transvestites and trans victims of institutional violence “manifest the slogans on this day of pride.

Author:

Mayca Balaguer

Contact:

Virginia Pedraza – vir.pedraza@fundeps.org

 

After a year of research work between FUNDEPS and Comunicar Igualdad, with the collaboration of the Fundación Heinrich Böll, we present in Córdoba and Buenos Aires the partial results obtained on the participation of women and LGTBI people in media companies, universities and unions. The figures warn of their scarce participation in these sectors and the need to transform the rigid union and business structures that hinder their access and permanence.

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

Within the framework of some intense weeks in which the women’s movement filled the streets with color and raised its voice claiming rights for so long postponed, on Friday, June 8 we presented in the Faculty of Communication Sciences some conclusions that make visible the permanence of gender violence within one of the most relevant areas in terms of their social role: media companies.

In this instance, the specialists Pate Palero (journalist, member of the PAR Network), Silvana Zanelli (journalist and trade unionist CISPREN), Sandra Chaher (journalist and Communication Director for Equality), Rossana Rodriguez (SATSAID union member Cordoba) joined. , Paula Morales (teacher and researcher specializing in gender and communication), Analía Barrionuevo (director of the Gender Program of the UNC) and Virginia Pedraza (lawyer and coordinator of the gender team of FUNDEPS).

During the talk, the current situation of women and people in the LGTBI community was discussed in terms of access to equal professional opportunities in the media, and the obstacles they face in accessing the positions of decision making and management positions. Possible actions were also proposed to reverse the situation of inequality from different spaces such as media companies, unions and educational institutions related to communication and the measures that the State can take to address the problem.

Some of these points were presented as results of our research in order to visualize the most problematic axes and to put them in discussion during the day.

Glass ceiling: women who do not have access to hierarchical positions

“(…) In the first 1,500 companies listed on Wall Street, there are more directors called John, Robert, William or James than female directors.” (D’Alessandro, 2017, p.101).

The scarcity of women in decision-making positions within companies is a feature that can be seen in many of the Latin American companies: only 4.2% hold executive positions and 8.5% board meetings, while the In most of the countries in the region, women participate in almost 30% in management positions. The media companies of our country do not escape this trend.

Of the 30 media companies analyzed in Buenos Aires and Córdoba, women participate in 27.72% of the property and managerial positions. However, this percentage becomes more unfavorable in the case of Córdoba: only 12% of women occupy these positions.

The panorama of the unions reflects figures of equal concern. In Córdoba, trade union leaderships that include media workers are occupied by 17.79%. Numbers worrying if we consider that, in 2016, women graduates of journalistic careers constituted 69.04%, but currently they only make up 23.29% of the media workers analyzed in the city of Córdoba.

As for transgender people, it was revealed that only one works in the media, which demonstrates the structural problems that cross this group and make it one of the most vulnerable, marginalized and precarious. Trans people are the most affected because they have greater structural impediments that make it difficult for them to obtain a decent job and complete their studies. In some media, there are policies to include diversity for people with disabilities, but not for trans people.

On the other hand, the institutes of journalistic formation showed their shortcomings in terms of specific and obligatory subjects on gender and of curricula that contemplate the gender perspective as a transversal axis to all the contents.

Why are there no more women in the hierarchical positions of media companies or unions? What barriers make up this glass ceiling that hinders women’s access to these positions?

One of the shortcomings detected within the analyzed media companies is the lack of a gender perspective and measures to guarantee equal opportunities, as well as their translation into institutionalized and sustainable policies that are capable of transforming labor structures. . This leads to the invisibility and reproduction of violence, especially the symbolic violence that is the one that silently and latent crosses the daily practices within the media companies.

These violence are made palpable in practices such as the selection and promotion of personnel. The lack of training in the areas of Human Resources perpetuates naturalized violence, making entry difficult, but particularly the rise of women to positions of hierarchy. In this framework, lobbying (carried out among those who already occupy hierarchical positions, most of them male) and the lack of clear promotion criteria are some of the most important factors when selecting personnel for decision-making positions.

Another barrier that makes up this glass ceiling is the sexual division of labor and its reproduction within the media and union companies. Thus, women occupy feminized positions or deal with “soft” issues, linked to the tasks of care and care (and frivolity) with which they have been associated. We speak of women personal secretaries, producers, in Human Resources and Institutional Relations, in the editorial offices of areas such as health, spectacles and gender, in the Ministries of Culture, Communication and Gender. This type of tasks and topics are considered of lower rank compared to those in which males predominate.

This makes it difficult for women to access others that allow them to gain experience and advance, even to those who have a professional training superior to that of their male peers. In this way, the glass ceiling and the sexual division of work impose gender roles, stereotypes and prejudices that are internalized by women generating a vicious circle that affects their confidence, self-esteem and personal initiative that demotivates and reduces the possibility of doing career within these companies.

This is possible because women are the most important and great supporters of a system and a labor market with a patriarchal matrix that forces them to relegate their professional careers to a second level in order to dedicate themselves to other unpaid work: that of the home. The women who are mothers and in whom they relay the tasks of care, demand greater flexibility through extended licenses, practices like the flex time or home office and the reduction of hours that, in some cases, implies a salary reduction and job insecurity. The result: Few women enter competitions in media companies or are part of lists in the unions to access higher positions, have fewer possibilities than men, and stay, at best, in the middle managers or in devalued positions, having lower salaries than men.

Inequality of gender and possibilities of transformation

The data obtained from this research demonstrate the persistence of structural gender inequalities that are reproduced within media companies and unions. However, these spaces revealed, for the most part, a clear interest in reversing this situation. Now the question is: how to achieve more egalitarian work spaces and union activism? How to mainstream the gender perspective in media companies, unions and journalism training institutes?

There are structural problems that the State has to counter. However, it is important that there is an articulation and commitment between different areas. In the first place, it is necessary to have effective public policies with a gender perspective that address and counteract structural gender inequalities.

Second, proactive policies on the part of media companies that imply the incorporation of a gender perspective that can be institutionalized are required. That is to say, that gender offices are created from where mechanisms to denounce cases of gender violence are implemented, which make the problem visible and give it a corresponding treatment.

Third, internal training in gender issues acquires importance, which involves not only trade unions and media companies, but also educational institutions dedicated to the training of communication professionals. These institutions have the role of training professionals who will then construct and communicate interpretations of realities. Great advances have been made in education regarding the incorporation of gender issues. However, in the case of Córdoba, although work is being done, the creation of curricula with a gender perspective and compulsory subjects that deal with the subject in a timely manner is still pending.

Finally, the Cordovan unions must enhance their role as spokespersons for the media companies, focusing on the pressures they have to make towards these companies, in terms of offering training and protecting those and those they represent, in order to guarantee rights and promote measures that exceed those already in place. For this to be a reality, it is necessary that these spaces also break with their own internal machista structures

In short, the greater presence of women and trans people in media companies and unions means that public policies aimed at achieving gender equity, representation and diversification and democratization of voices, equal opportunities, are also implemented. the transformation in the sexist logic involved in the selection of personnel and in the labor market itself, and the (de) construction of friendly and egalitarian work spaces that eliminate the reproduction of gender violence and the sexual division of labor.

Bibliography and links:

To see the full video of the Conversation on equal opportunities in media: https://www.facebook.com/FUNDEPS/videos/1791850930878652/

Author

María Cecilia Bustos Moreschi

Contacto:

Virginia Pedraza – vir.pedraza@fundeps.org


The undersigned organizations repudiate the statements of certain health institutions in relation to the approval in the Chamber of Deputies of the draft Law of Voluntary Interruption of Pregnancy.

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

The Private University Hospital of Córdoba and the Reina Fabiola University Clinic are opposed to the articles of the law that have their responsibility to guarantee the practice and that prohibit the objection of institutional conscience. Three private clinics in the city of San Francisco joined the announcement: the Argentine Sanatorium, the Enrique Carrá Specialty Clinic and the San Justo Clinic.

The bill establishes in article 13 the responsibility of health establishments to effect the voluntary interruption of pregnancy, without prior judicial authorization, without requirements that hinder access and must guarantee the woman or pregnant person the use of best practice available according to recommendations of the World Health Organization. It also provides that the attention must be agile and immediate, respecting privacy throughout the process.

On the other hand, article 15 regulates conscientious objection. It provides that the only way for the health professional to be exempted from his obligation to guarantee access to the practice is through the prior, individual and written manifestation of his conscientious objection. This objection must be maintained in all areas, public or private, in which it operates. The objection does not apply in the event that the life or health of the pregnant woman or person is in danger and requires immediate medical attention. Then, it provides that each establishment must keep a register of professional objectors, and expressly prohibits the objection of institutional conscience and / or ideology.

In addition, within the amendments to the Criminal Code, the addition of an article that contemplates the crime committed by the authorities of health establishments or health professionals that unreasonably delay, obstruct or refuse to perform an abortion when legally authorized is envisaged. . This behavior is repressed with imprisonment from three months to a year, and the penalty is aggravated if as a result there is damage to the life or health of the woman or pregnant person.

The health establishments expressed themselves against the law in general and of these articles in particular, arguing that they want to “choose how to cure and care for Argentines”, who have the duty to defend “the rights of the weakest in society” and that his work requires “respect for the freedom of institutional conscience.”

To begin, we remind you that health establishments, even private ones, must respect and comply with rules and standards of care to guarantee the right to health, in general, of all their patients, including sexual and reproductive health. This implies that the medical activity and the exercise of the professions related to health are regulated, not free.

On the other hand, the alleged defense or protection of “the weakest” could not occur in the context of the denial of a medical practice authorized by law. Except when the spirit of the law is to remedy the problem of preventable maternal deaths.

The democratic process of sanctioning this law, still incomplete, was up to now exemplary. For two months, deputies and deputies listened to the presentations of hundreds of experts in the field. Many of the exhibitors belong to the medical community, including the current Minister of Health, Adolfo Rubinstein, who recommended legalization. Like him, former Health Ministers Ginés González García and Daniel Gollán gave their arguments in support of the law.

Finally, we stress that the law approved in the Lower House contemplates the objection of individual conscience. Therefore, health professionals who consider that the practice of abortion is against their religious or moral beliefs, can refuse to do so as long as they respect the provisions of the law. The possibility of objecting can only have an individual with moral agency, that is, an individual who can perform acts and give meaning to them. An institution, as such, does not have a moral agency, and therefore, we consider it appropriate to prohibit the institutional conscience objection proposed by the law.

The fact that there are health centers that refuse to perform this practice in an absolute manner, constitutes an obstacle to the respect of the sexual and reproductive rights of women and pregnant persons.

With these declarations of exercise of an alleged conscience based on legal statutes, the health center authorities, in addition to limiting the rights, are exerting a clear pressure on the freedom of conscience of its professional staff.

Health institutions must assume a commitment to sexual and reproductive health, in line with the bill – in case of entering into force -, other laws related and in force, and the provisions on this matter contained in international rights treaties. humans in health issues.

Who is in charge of protecting the rights of all citizens is the State, through its legislative power, as in this case, and public policies that make effective its application. The health entities must, therefore, accompany these decisions.

Fundación para el Desarrollo de Políticas Sustentables

Cuerpo de Abogadas Feministas de Córdoba

Córdoba de Todos

Socorristas Córdoba Hilando

SEAP – Servicio a la Acción Popular

Frente de Mujeres de Nuevo Encuentro

Alternativa por el Cambio Profesional

La Jauretche

MuMaLa – Mujeres de la Matria Latinoamericana Córdoba

Secretaría de Géneros – FUC

Católicas por el Derecho a Decidir

Federación de Estudiantes Secundarios

Corriente Política y Social La Colectiva

Programa Género y Sexualidades, Facultad de Derecho, Universidad Nacional de Rosario

Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres (Cladem)

Mujeres Evita

Mujeres Socialistas – Córdoba Capital y Provincia

Muchachas Peronistas

Patria Grande Córdoba

Fundación Mujeres en Igualdad

Mil Flores Frente de Mujeres

CTA Autónoma de Cordoba

ISlyMA CTA (Instituto de Salud Laboral y Medio Ambiente)

Isadora – Mujeres en Lucha

Izquierda Socialista + independientes

Consultorio Salud Integral

Fundación ECOS

Centro Socialista de Córdoba

Martín Fresneda – Legislador Provincial

Cecilia Merchán – Diputada Nacional del Parlasur

Casa de las Mujeres de Córdoba

Colectivo Ni Una Menos – Córdoba
La Bisagra – MPE
CELS (Centro de Estudios Legales y Sociales)
ELA (Equipo Latinoamericano de Justicia y Género) 
Alianza Nacional de Abogad@s por los Derechos Humanos de las Mujeres

Mujeres X Mujeres (Tucumán)

Programa de Género de la Universidad Nacional del Litoral

Encuentro de Organizaciones (EO)

Insgenar
Red de Profesoras de Derecho de la Facultad de Derecho de la UBA 

The parliamentary debate in the Chamber of Deputies of the Nation came to an end during the morning of Thursday, after a marathon session, and resulted in the expected average sanction of the law of voluntary termination of pregnancy. So it was that at 9:51, the numbers appeared on the screen and both the campus and the outskirts of the Congress erupted in shouts, applause, tears and hugs.

After 22 continuous hours of debate, with 129 positive votes, 125 negative and 1 abstention, the deputies present approved the consensus opinion that was generated within the framework of the plenary of the four commissions that dealt with the treatment of the project.

For almost two months, the Chamber hosted more than 700 exhibitors, giving a framework of great scope of vision and institutional quality that enriched and gave tools for the legislative debate. In this way, a consensus opinion was reached among the 9 projects presented, with a bill based on the one presented by the Campaign for Safe and Free Legal Abortion.

Deputy Daniel Lipovetzky, president of the Commission of General Legislation and who presided over the Public Hearings, opened the Session with a blunt speech about the reasons why abortion should be legal: “It is a historic day, for the first time it is going to treat a project of decriminalization and legalization of abortion in this room. In the first place, thanks to the women’s movement, the women of the National Campaign for Legal, Safe and Free Abortion, who have been working for many years on a project that legalizes the voluntary interruption of pregnancy in our country. (…) The thousands of clandestine abortions that are done per year in Argentina are a problem that we have to solve. During the hearings, three health ministers from two different governments agreed that the legalization of abortion improves the quality of life of Argentine women. Therefore, there is no doubt about where our vote should be. In no way is this project unconstitutional: this project is absolutely compatible with our charter and international treaties. The opinion that proposes the rejection proposes to maintain a public health problem, hundreds of thousands of clandestine abortions per year, at least 43 deaths during 2016. Nobody legislates for death, we all legislate for life”.

The debate took place on the eve of the start of the World Cup, with millions of people putting their attention at the sporting event of the year. However, this did not prevent other hundreds of thousands of people from focusing their attention and energies on this project.

With a political context of economic adjustment and little commitment in terms of human rights and public inclusion policies, it is evident that feminism is a transversal struggle that managed to put and keep the issue on the political agenda of the country.

The vigil

During the day, women’s organizations and activists from across the country organized to see and hear the debate together, expectant and excited with their own World Cup semi-final. With shots in the schools, artistic interventions, tributes to historical activists, handkerchiefs, musical presentations and a lot of green, the feminist movement was more twinned than ever.

In Buenos Aires, the vigil was held in front of the Congress and hundreds of thousands of people, local and from all over the country, attended. In Córdoba, the meeting was held at the Anthropology Museum of the National University of Córdoba, which transmitted the debate while various interventions were carried out outside. It is estimated that thousands of activists passed through the day and night. In Cordoba, the celebrations were then taken to the classic corner of Patio Olmos.

When the voting ended, the excitement overflowed: so much struggle, so much militancy, historical, constant and intensified in recent months had results in the approval of the text of the law and the expected average sanction. The emotion of today will be the necessary energy to continue the fight that continues with the discussion of the project in the Senate.

Schools taken: the claim for Comprehensive Sex Education

The taking of schools reflects another claim that continues in force: that of the effective application of the Law of Comprehensive Sexual Education and its guidelines. But the students also spoke in favor of abortion: in the surveys that circulated during the days prior to the average sanction it was clear that in this struggle young people are protagonists, since 80% of the people consulted with ages between 18 and 35 years ruled in favor of it.

And in this sense there is a first conquest: Article 13 of the bill establishes that the State must ensure comprehensive sexual education, including responsible procreation, at all educational levels and paying special attention to respect for the diversity and cultural identity of the original peoples.

The IVE bill

The approved document retakes several points of the project of the National Campaign for Legal, Safe and Free Abortion and of the 9 projects presented by other legislators, but also incorporates some observations made by the deputies during the different instances of debate.

We remind that this is the seventh time that the National Campaign has presented a project of decriminalization and legalization of abortion, since it was formed in 2005. However, none of the previous times had gone through the commissions and reached instances of debate. What happened in recent months is undoubtedly the fruit of a historic struggle that was decidedly deepened in recent years.

The project proposes to maintain the causes that the Penal Code currently recognizes for the legal interruption of pregnancy (causal violation and causal health), adds a reason for the case in which the non-viability of extra-uterine life of the fetus was diagnosed, and also adds an explicit affirmation that women and pregnant persons have “the right to access the voluntary interruption of pregnancy with the only requirement of the woman or pregnant person up to week fourteen (14), inclusive, of the gestational process.

For the causes, it also explicitly incorporates issues that had been ordered by the Supreme Court in the FAL ruling: for the causal violation, the termination of pregnancy may be made “with the sole requirement and the affidavit of the woman or pregnant person before the health professional intervener “. For the health cause, it indicates that it corresponds “if the woman or pregnant person, considered as a human right, is at risk of life or health”.

In addition, the project establishes provisions to ensure that the interruption of pregnancy is carried out in a consensual, rapid and informed manner, that delays or obstacles can not be imposed, that privacy and privacy must be respected, the obligation of health professionals to guarantee the practice of equality throughout the country (with reference to the best practices of the World Health Organization) the limitation and regulation of conscientious objection (explicitly prohibiting the institutional), and referral to the Civil and Commercial Code for the case of minors.

It also provides for the creation of a registry of statistics and indicates that the public health sector and social work should incorporate the comprehensive coverage of the voluntary interruption of pregnancy envisaged in the present in all forms that the World Health Organization (WHO) recommends

The opinion that had been signed on Tuesday to be treated in the session suffered minor modifications after its general approval in the venue. At the time of the article by article vote, some concessions were made to the requests of some deputies, for example, the investment of titles and the addition of explanatory questions.

The criminal code

The first title of the project contains all the provisions that modify or add questions in the Penal Code. First, it establishes penalties for third parties that cause the abortion of the pregnant person beyond week 14 without the consent of the woman and without any cause.

Then it incorporates a new offense and provides a penalty for the authority of a health establishment or health professional that will unjustifiably delay, hinder or refuse to perform an abortion in legally authorized cases.

Finally, it provides that the woman or pregnant person who causes her own abortion or consents to someone else causing it when it was performed after the fifteenth week of the gestational process, without mediating any of the causes, will be repressed with imprisonment from three months to 1 year.

However, it does not foresee any penalty for the attempt, and gives the judge the power to order that the penalty be suspended pending the reasons that prompted the woman or pregnant person to perform the interruption, their subsequent attitude, the nature of the fact and the appreciation of other circumstances that could prove the inconvenience of applying the penalty. Although it represents an advance that considers the reasons of the woman, it will require working and being attentive to what the judges could dictate and from what place and criterion they did it.

What the deputies said

Deputy Brenda Austin (UCR-PRO), one of the first signers of the Campaign project said in her speech: “Every day, right now, women of all ages and social classes in every corner of our country, abort: students, professions, unemployed, domestic employees, deputies, wives and couples of deputies, their daughters. This happens, denying it is so foolish that it hurts. We do not discuss our opinions here, what we are discussing is in what conditions they do it: those that have resources do it in private clinics and those that do not, in the middle of despair and in horrible conditions. The current Penal Code, which was thought by men in a Congress where women did not even have the right to vote, said it was a crime, thinking that with the threat of jail women would change their minds. The criminalization failed. It does not prevent women from aborting and aggravates the problem. Ladies and gentlemen, have you really put yourself on the skin and in the shoes of the women who make those decisions? Do you really feel sitting here in your pews with the right to judge them and force them to make one or the other decision? There are two options: one imposes freedom and another obliges women to act according to the beliefs of another sector, minority, but with much lobbying power in our country. Press the NO button, it does not save the two lives, it condemns women to clandestinity.

Victoria Donda (Libres del Sur), another of the signatories and promoters of the Campaign in the Lower House project, said: “Human Rights are progressive, so if this is so clear in the International Treaties that have constitutional status, why? What is so difficult to pass a law that recognizes this right to women? Here we do not talk about abortion, yes or no. The underground kills: they are not voting for the two lives, they are penalizing the woman for exercising freedom.

The Deputy Araceli Ferreyra (PPV), affirmed: “The abortion is the last crime with load of sort that is of the time of the carts. Of course there are no figures, if it is clandestine. We need legality so there are figures. Feminism is that radical idea that women are also people and we have the same rights. The criminalization of abortion violates half of the international treaties that guarantee the rights of women We are fighting for the rights of women so that they have sovereignty in all aspects of their lives, so that motherhood is a choice.”

On the other hand, the deputy Lucila de Ponti, (PPV), said: “Today we come to collect a debt. The one of Ana Maria Acevedo, a 19-year-old girl from Santa Fe, the one from Belén, 3 years imprisoned in Tucumán. The debt with María Campos who died recently in Santiago del Estero. The debt with Malena. With Cecilia, with Dora, with all the pioneers of the Campaign to whom her life went so that today in this area we are discussing this project. The debt of a State that chose to look the other way. Life, all lives, defend themselves by conquering and expanding rights, not denying reality. That is why the one who opposes abortion is not in favor of life, is in favor of hiding. If we get here, to the site, it is thanks to the movement of women who managed to install this issue on the street, in their homes, in schools, in universities. The thousands of women who are on the streets today asking the State to stop being absent.

We are not making history, we are passing through, it is they who are making history. The future is here, the time is now, let it be law.

 

What’s next?

With the approval of the Chamber of Deputies, the IVE Law has a half sanction. The next step is the debate in the Senate. Although it is not known yet a precise date, according to transcended, it would be before the winter break. The law must be debated during this year, otherwise the average penalty falls.

The prognosis at the beginning of the year, when the subject was discussed, was not positive. There was talk of a majority of Senators against. However, the development of informative audiences along with the great social mobilization that accompanied the entire debate will undoubtedly change things. The two majority blocs of the Senate, agreed that the context is favorable for the sanction of the law of decriminalization and legalization of abortion. In fact, a message circulated through social networks affirming that the entire block of Senators and Senators of the Front for Victory – PJ will vote in favor, meeting a demand from society that has been expressed massively through the Women’s Collectives.

The sanction of a law of voluntary interruption of pregnancy means an advance in the recognition of the human rights of women and pregnant persons, fundamentally of the rights related to sexual and reproductive health and the recognition of their freedom and autonomy. But it also means providing a framework of legality not only to pregnant bodies to be able to decide safely and with guarantees, but also to health professionals to manage their activities safely, without losing sight of their obligation to respect and guarantee rights. .

This conquest of the women’s movement with its green tide is a historic landmark and there is no turning back. It’s a public health issue. It is a question of human rights. It is a matter of desire. Of free bodies. With shame to another part: the right to abortion, it will be law!

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Emilia Pioletti

Source of images

National Campaign for Legal, Safe and Free Abortion – Córdoba

At present, there is no access to official data about the geriatric nursing homes in the province of Córdoba.

From FUNDEPS, we have submitted a request for information to RUGE.PRE.SA, (Registry of Units for the Management of Health Benefits), a body under the Ministry of Health of the Province, responsible, among other things, for regulating and monitoring habilitations of residences for the elderly.

“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 presentation, we required that you inform about the number of residences for elderly people that were in operation in the province of Córdoba; what were the control or monitoring mechanisms on the authorized institutions; and about the control procedures regarding non-qualified institutions, detailing how to proceed in these cases.

The regulations provide for the possibility of presenting these requests for information by the citizenry in order to take cognizance of the acts of the State and, as established by provincial law No. 8803, the State must respond within 10 working days. Having expired this deadline and no response, we present a prompt dispatch whose response period also expired without having been answered.

It is a duty of the State to make this information publicly accessible. We insist on the importance of the publicity of these data, in order to be able to exercise a better control and make visible situations of irregularity. Even more so if we take into account that what is being affected are the rights of a vulnerable group, as are institutionalized older people.

The situation is even more worrying, if we take into account that at the national level there are no unifying norms and establish basic requirements to be met by these residences and that they determine a minimum of rights to be guaranteed in any geriatric residence in the country; on the contrary, the requirements and conditions that a geriatric residence will have to meet to be qualified, depends exclusively on what the local governments establish, which causes great differences among the provinces.

In the Province of Córdoba, Law No. 8,677 and Decree No. 657/09 regulate the operation of private geriatric residences with special emphasis on the physical issues of the establishment, but without advancing on the quality of care. The law does not make considerations regarding the perspective of human rights, socio-health issues and the status of subjects of the people who reside there. As for public residences, it is noted that there are no regulations in the province that regulate them, thus constituting a regulatory gap in this regard.

In a scenario characterized by inequality and an institutional infrastructure still insufficient in terms of protection and exercise of human rights, providing effective responses to accelerated population aging is one of the most important challenges facing the Argentine State and the region. The recent ratification by the Argentine State of the Inter-American Convention on the Protection of the Human Rights of Older Persons, could mean an opportunity to do so.

We must insist that the road to travel is still long. On the one hand, public policies that are designed to reclaim and promote the empowerment of older people are essential. Not only to enable their full participation in the social, economic, cultural and family life of countries, but also to encourage social processes of review of perceptions and representations, generally negative, linked to old age. On the other, it is necessary to think about strategies that allow aging to be positioned at the center of public debate in order to give visibility and interest to a topic that has historically been ignored.

In short, the correct attitudes and policies in this regard will facilitate society’s effective use of the potential of the elderly, thus consolidating the path aimed at the construction of a more inclusive society, where everyone finds their role and opportunities, in tune with your wishes and needs.

We continue to demand the response of the corresponding agencies, while we hope that public policies aimed at full compliance with the human rights of the elderly will be developed.

Author:

Maga Ailén Merlo Vijarra

Contact:

Agustina Mozzoni, agustinamozzoni@fundeps.org

Women raised their voices throughout the country. In Córdoba, this June 4, more than 60 thousand women filled the streets in a new mobilization.

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

As for four years ago, yesterday the most emblematic mobilization of the women’s movement in our country took place.
This year the cry of Ni Una Menos was given in the framework of the debate on the legalization of abortion in Argentina and the main slogan was the claim for legal abortion, safe and free. It was the last mass mobilization before the debate in the Chamber of Deputies, which will take place on June 13: the last great pañuelazo.
But in addition to claiming that there is not one or less for clandestine abortions, women reinforced the historic claim of this date: enough femicides and sexist violence. The same day the Supreme Court of Justice made public the report of the Public Registry of Femicide of the Argentine Justice, which establishes that 251 direct victims of femicide were surveyed in the whole country during the year 2017. So far in 2018, the province of Córdoba already counts 9 victims.

Other struggles were also present, struggles from other latitudes: the recent conquest of Ireland by the referendum that opened the doors to the legalization of abortion was recognized, the Brazilian Councilor Marielle Franco was reminded, mass mobilizations were held against the Spanish justice that acquitted “the herd” and honored the Honduran environmental defender, Berta Cáceres.
Within the local demands, a larger budget was required for public policies to eradicate violence against women, better working conditions for women workers in this sector, access to justice for victims of gender violence and secular, scientific and sexual education. with a gender perspective.
Along with the claim for legal abortion, the delay of the Cordovan justice was denounced by not issuing around the judicialization of the provincial protocol for access to non-punishable abortion, which has been partially suspended for 6 years, profoundly impeding the right of women to access sexual and reproductive health services.
It was also emphatically claimed for the rights of the collective of sexual diversity, exclaiming loudly: enough of machismo, misogyny and homolesbobitransodio.
Lastly, Cordovan women, at a clear disadvantage due to the wage gap, raised their voices against fares and pension and labor reforms that deepen this inequality.

The revolutionary women’s movement again filled the streets and their cry was resounding: Live, free and with all the rights we want!

Photo: Assembly NiUnaMenos Córdoba

Author 

Mayca Balaguer

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

On May 31, the Open Argentina Forum took place in the City of Mendoza. It is a space for debate that takes place annually since 2016 and proposes the exchange of ideas and experiences around the theme of open government. In the 2018 edition, FUNDEPS participated in a panel on sustainable development, open government and natural resources.

“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”.

Argentina Abierta was conceived as a space that brings together students, journalists, public officials, entrepreneurs, civil society organizations and anyone willing to participate. It was designed to exchange initiatives that promote the creation of modern, inclusive and sustainable public policies.

The goal is for government teams and citizens to share experiences, develop their ideas and knowledge, listen to opinions and discuss transparency, accountability, new technologies, public innovation and open data.

It is a national forum to discuss open government policies that encourage issues of transparency in the public sector, citizen participation and collaboration in modernization policies. On May 31, the third edition was held. Last year was made in Córdoba and this year was held in Mendoza. This last province, together with Córdoba and Buenos Aires, has been at the forefront of the implementation of policies with these characteristics.

Going around the event a bit …

In the 2018 edition, Argentina Abierta lasted only one day, unlike previous years when the event was longer. However, that time was enough to include panels of the most diverse and comprehensive in terms of the thematic axes of open government: transparency, participation and collaboration.

There was discussion about access to public information and publication of data, open academy and opening in the legislative and judicial powers. Likewise, the event counted with the presence of conversations regarding the application of open government policies at the subnational level and for this were present representatives of the governments of the City of Mendoza, City of Godoy Cruz, City of Córdoba, City of Buenos Aires , Province of Mendoza, Province of Córdoba, Province of Buenos Aires, Province of Santa Fe; among other relevant actors.
Likewise, it is necessary to highlight the presence of civil society organizations, who not only supported the concretion and realization of the event (Nuestra Mendoza and CLADH), but also actively participated in the panels and discussions with public officials. This was the case of FUNDEPS, who was participating in a panel specifically related to issues of open government, sustainable development and natural resources. Said panel was also composed of representatives of the Ministry of Energy and Mining of the Nation.

Part of the innovation proposed by this forum is given by the incorporation of new dynamics for the debate. Particularly, and as regards the issues of open government, innovation and e-government, the LABS are positioned as an alternative that allows to discuss and reach solutions at the moment. During this edition of Argentina Abierta, labs were held to discuss budget issues, citizen participation, security and data.

What the Forum left us …

In this event 9 provinces, 6 countries and more than 50 organizations and institutions participated. 12 panels were carried out, 24 hall talks and more than 900 people were present. During that day, the community of people dedicated to open government debated and shared experiences to improve public management, make it more transparent and close to citizens. From FUNDEPS we appreciate the fact that we have been able to take part and consider the discussions on these issues to be substantial.

Author / contact

Agustina Palencia – agustinapalencia@fundeps.org