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#DemocraciaVIVA: 2nd edition of Democracy Day

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

 

On September 15 we celebrate the International Day of Democracy. Democracy is both a process and a goal, and only with the full participation and support of national governing bodies, civil society and individuals can the ideal of democracy become reality to be enjoyed by all, everywhere.

The celebration and commemoration of this day is presented as an opportunity to reflect on the state of democracies in the world. Precisely, international days seek to raise awareness, raise awareness, signal that there is an unresolved problem, an important and pending issue in societies. In this case, the day of democracy seeks to remember how relevant it is to ensure that states establish healthy regimes in which human rights find their place and are fully guaranteed and respected.

The celebration of this date was due to the fact that the General Assembly of the United Nations (UN) in its resolution A / 62/7 (2007) encouraged governments to strengthen national programs dedicated to promoting and consolidating democracy.

This date was first held in 2008. The date was chosen because it was precisely on 15 September 1997 that the world parliamentary organization “Inter-Parliamentary Union” adopted a Universal Declaration on Democracy which reaffirms its principles and the elements and practices necessary for a democratic government.

The world is currently attending a time when it is necessary to renew votes regarding democratic principles. Movements like the Alliance for Open Government specifically seek to aggiornar democratic principles, ensuring that they guarantee full citizen participation and respect for human rights.

  

  

Contact

Agustina Palencia, agustinapalencia@fundeps.org

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Supreme Court confirms Ituzaingó ruling: agrochemicals SI make us sick

“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”

 

One of the major socio-environmental conflicts facing the province of Cordoba due to the expansion of the agricultural frontier is the application and irregular use of agrochemicals in fields close to homes, neighborhoods, schools or other human settlements. constitutes a great risk to the health of the exposed communities.

A case in point of affecting the human right to a healthy environment and health is that of neighbors and neighbors of Barrio Ituzaingó Anexo, who have been demanding respect for their rights for more than ten years. This neighborhood is located southeast of the City of Cordoba, bordering the north with an industrial zone and bordering with rural areas to the north, east and south. There are approximately 5000 people, who live in 1200 houses in 30 blocks.

In March 2002, it was the first time that a group of mothers worried about the health situation in the neighborhood began to complain to the authorities for the analysis of diseases and possible contaminants. This process of struggle that began since then was carried out by the group “Madres de Barrio Ituzaingó.

Although the process was long, as a result of the social struggle, neighbors and neighbors gained access to potable water through running water, building the Primary Health Care Unit, creating the Provincial Registry of Tumors and thus also achieved normative advances in environmental matters. In this last aspect, municipal ordinances were issued that established the “sanitary and environmental emergency” and prohibited aerial and terrestrial fumigations to less than 2,500 meters of any dwelling or group of dwellings), that finally resulted in the prohibition of fumigations throughout the ejido of the city (ordinances n ° 10505/2002, 10589/2003, 10590/2003).

The judicial process began in 2008 when neighbors made complaints denouncing the existence of diseases, abortions and malformations attributed to the fumigations that were carried out in the fields adjacent to their homes. After a lengthy judicial process, in August 2012 the First Criminal Chamber issued an unprecedented ruling on environmental pollution due to the use of pesticides in urban areas, condemning a producer and an agroaplicor pilot. On September 12, the Supreme Court of Justice was issued regarding the complaint filed by the defendants, rejecting the request and confirming the decision of the Crime Chamber.

We welcome the resolution issued by the Argentine Supreme Court and set a precedent for similar cases in which communities are violated their fundamental rights by the irregular application of agrochemicals. In this context, we also consider it necessary to comply with local regulations that have created zones of environmental protection and restrictions on the use of agrochemicals (such as Alta Gracia in which we work). Along these lines, we support the establishment of a national law on minimum environmental budgets, referring to the regulation of distances for the application of agrochemicals guided by the precautionary principle, which will establish a reference framework that will safeguard the fundamental rights to the environment and health.

More information

 – Public Health Driven by Agribusiness | El Entramado

Contact

 Male Martinez Espeche, malemartinez@fundeps.org

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Amicus curiae in the process of guardianship of the Great Marsh of Santa Marta (Colombia)

“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 made a presentation before the Constitutional Court of Colombia to bring to the court legal arguments about the obligation of the state of the protection of the Great Marsh of Santa Marta. This Ciénaga is a deltaic system of wetlands located to the north of Colombia and is considered one of the most productive ecosystems of the Caribbean for its important hydrological and ecological characteristics. Despite their protected status, the Ciénaga and the fishermen who inhabit it have suffered for years the significant decrease in freshwater that feeds the ecoregion and the inadequate handling of soils and water basins. The deterioration of the Ciénaga is due to a structural crisis that has not been properly addressed by the different entities with competence in the area.

Faced with violations of fundamental rights, environmental degradation and the inaction of the competent authorities, on November 10, 2016, two inhabitants of the Palafitic peoples who live in the Ciénaga filed a protection action in coordination with Dejusticia. The action was filed against 26 public entities of the Colombian national and local order, as well as against private companies. The guardianship action focuses on three issues. The first of these consists of the excessive use of the water sources and the lands of the swamp by the agroindustry and the omission in the duty of control by the authorities. They have built dykes, dried up terrain, diverted rivers, but the response of the authorities has been insufficient. The second, addresses the lack of proper maintenance and dredging of rivers and streams that feed freshwater to the marsh. Although millions of contracts have been signed to carry out these activities, few results are visible. Finally, the tutelage warns about the infrastructure projects that are planned to be built on the ecoregion.

The 25 of November of 2016 the guardianship was admitted, the judge of first instance denied the action alleging its improbency. It was considered that, although the great deterioration of the Cienaga was evident, this situation had been attended through a popular action previously promoted by another citizen. This decision was contested and the ruling was confirmed in second instance on February 16, 2017 by the Civil and Agrarian Cassation Chamber of the Supreme Court of Justice of Colombia. In April of this year the case reaches the Constitutional Court of Colombia. In this instance we present an amicus curiae (Latin expression that refers to a friend of the court or friend of the court). The latter is a presentation made by a third party outside the litigation, where they voluntarily offer legal and / or technical arguments to collaborate with the court before the sentence.

We consider that the case requires a structural response, in which the different entities with competence over the region participate and dialogue, always guaranteeing the participation of the communities. We believe that this is an ideal case to carry forward a model of dialogic justice in Colombia, to seek a structural solution to the problem, to hold public hearings where all parties involved have the possibility of being heard and that control is carried out active by the State. Similar statements have been made in cases in which we have been working as in the situation of contamination of the treatment plant for liquid effluent from the Bajo Grande WWTP or in the conflict over the operation of the Porta plant.

Wetlands are an important food, shelter and breeding site for a wide variety of wild species, and their protection and conservation are of particular importance. In addition, there are numerous international treaties that require active policies to protect the environment and the communities that live there. The Constitutional Court has the opportunity to establish clear guidelines regarding the protection of the human right to a healthy environment for a site of key environmental importance, as well as for vulnerable populations. In this sense, it is necessary that the Court and civil society follow up judiciously and permanently to the orders that are given in the sentence to verify the situation of the affected communities.

We support and promote the initiatives of participation of all the actors in the structural processes of modification of public policies.

Image credit

Dejusticia

More information

Constitutional Court has last word to save Big Marsh of Santa Marta | Dejusticia

Contact

Victoria Gerbaldo – victoriagerbaldo@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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Presentation of report on media violence against women before CSW

The CSW is a body under the Economic and Social Council of the United Nations (UN), which began its functions in 1946 as the “main international intergovernmental body dedicated exclusively to the promotion of gender equality and empowerment of the woman”.

It meets annually, and in this event are the UN member states, civil society organizations and bodies of the UN Human Rights System. In this space, the actions of States to meet the commitments made at the 1995 Beijing World Conference on Women, its Declaration and Platform for Action, and the 23rd Special Session of the General Assembly in 2000 (Beijing +5). It also addresses relevant issues on the situation of women worldwide

From these sessions, the discussions and agreements that arise and the reports presented, the CSW generates conclusions and recommendations, which are then sent to the Economic and Social Council for follow-up.

The review theme for the 62nd session of the CSW, to be held in March 2018, focuses on “Participation and access of women to the media and information and communication technologies, as well as their impact and Use as an instrument for the advancement and empowerment of women”

Our Report

More than three years ago, along with Communicating Equality, we have monitored the organs of the State that must apply the protective norms of women in the media.

Our first research was crystallized in the publication “Gender Violence and Public Communication Policies“. Subsequently, policies related to gender and communication suffered regressive measures, which, far from improving what has already been achieved, have regressed in the role of guarantor of State rights.

In the report that we presented to the CSW, such measures were presented, as well as recommendations to achieve greater protection for women and the hearings of Argentina.

Among the regressive measures mentioned in the report are:

– Public Defender: Despite the efficient and participative management of the organization, this has been interrupted since November last year, when the Bicameral Commission, which should appoint the maximum authority of the Ombudsman’s Office, decided not to appoint anyone at the end of the term Of the first Public Defender, Lic. Cyntia Ottaviano. At present, the DPSCA is in an irregular situation and without capacity to carry out activities that go beyond mere formal and administrative communications. This limits the taking of comprehensive measures in cases of media violence based on gender or any other. This situation further aggravates Argentina’s failure to comply with the recommendations made by the CEDAW Committee in its Concluding Observations on the seventh periodic report of Argentina in 20167, especially paragraph 19, item “d”, in which Urges that “Law 26,522 of 10 October 2009 on Audiovisual Communication Services be amended in order to empower the Ombudsman to punish violations of provisions relating to gender stereotypes and sexism in the media Communication”.

– ENACOM: Since the dictates of the Decrees of Necessity and Urgency No. 13/2015, 236/2015 and 267/2015, a new body was created, ENACOM, which displaced the AFSCA, being the same subsumed in that body, Along with their faculties and functions. In flagrant violation of international commitments, and by taking regressive actions regarding the protection of the rights of the hearings, the law was ignored, and the protective scaffold created was dismantled.

These actions by the new government overlapped with the decrease in the budget of ENACOM, and a worrying uncertainty about how the new public regulatory policy for the media will become available. As of the end of 2015, there were no sanctions regarding violent content issued in the media, nor any formal response to requests for information made by civil society organizations in this regard.

– Observatory on Discrimination in Radio and Television: The Observatory as a tripartite body was dissolved in 2017, although apparently did not carry out its usual functions since January 2016, adding to the widespread disruption of public policies protecting gender and communication.

– National Women’s Council: Since 2016, the National Council of Women has taken a more active role in dealing with cases of symbolic and media violence and in early 2017 the Observatory for Symbolic and Media Violence – A bipartite body composed of the National Council of Women and the National Entity for Communications (ENACOM). So far in 2017, the Observatory intervened in 17 cases of media violence ex officio or at the request of whistleblowers. The intervention in most of them was carrying out a report of analysis of the situation discriminating and stigmatizing and sending the same to the mass media.

– Monitoring Office for Publication of Sexual Trade Offer Notices: Since its creation in 2011, until December 2015, OM has achieved that 85% of the media monitored (110 of the entire national territory, with national coverage, Regional and local) to comply with the current legislation, leaving notices of sexual offer with expressions degrading and discriminatory towards women by all media surveyed. He also conducted trainings and conferences throughout the country to raise awareness of media violence through specific media support and collaborated with the judiciary by providing data on individuals and networks that publish notices on trafficking in persons for Sexual exploitation.

Since December 2015, he has not published any reports on his actions.

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

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One of lime and one of sand in the case against Porta Hnos.

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

 

On Monday, August 7, we attended the public hearing convened by Federal Court No. 3 by Dr. Hugo Vaca Narvaja in the amparo promoted by neighbors Barrio Ne Antonio and Inaudi against the Ministry of Energy and Mining of the Nation And the company Porta Hnos. They had the opportunity to speak on behalf of the Public Prosecutor’s Office representing the interests of children and the State Attorney’s Office.

The amparo involving more than 25 neighbors and residents of San Antonio and other people of the Citizens’ Assembly “NEIGHBORHOODS IN DEFENSE OF A HEALTHY ENVIRONMENT – VUDAS” was filed against the Ministry of Energy and Mining of the Nation Of Hydrocarbon Resources) requesting the closure and final closure of the bioethanol plant of Porta Hnos SA They base their claim by stating that the company does not have the legal authorization to prepare biofuel (bioethanol) which should have been granted by the said secretariat and for not having concluded, prior to its entry into operation, the Environmental Impact Assessment process. Subsidiarily, amparists request the cessation of environmental pollution that the activity produces and irreparably affects the environment and the health of neighbors.

It is inexplicable the absence by the State in its different levels of government: national, provincial and municipal, both at the time of urban planning, to ensure compliance with current environmental standards and at the public hearing to listen to the parties and express Your position. But more inexplicable is that it was not the first time. At the end of April of 2015 the local group came to be chained in the headquarters of the Municipality of Cordova to obtain an audience with the intendant Ramón Mestre. They were forced to extreme acts to fulfill their right to be heard and to go to the authorities. Again an absent state.

But not everything has been unfortunate. We had the opportunity to accompany neighbors in this unprecedented audience for Cordoba. Initially, a conciliation hearing was scheduled under the federal law with the characteristic that it was going to be public. The judge then changed the character of the hearing to an information type imitating the proceedings of the Supreme Court of Justice of the Nation in the “Mendoza” case on environmental pollution of the Matanza – Riachuelo River. Having even arranged a mechanism for the participation of third persons, from FUNDEPS we register to take the floor. Finally, between roosters and midnight the judge again changed the character of the hearing to a conciliation so we could only participate as a public.

We emphasize the need to guarantee the right to information, participation and dialogue between the parties involved with the authorities with competence in urban planning, environmental territorial management, control of anthropic activities, setting and control of standards and norms. We also emphasize the importance of taking into account the hazards of this type of industry in light of the precautionary principle and prevention that governs environmental matters (article 4 LGA), because it is located in a residential neighborhood.

At the hearing, where the judge had broad powers to direct it, neighbors had the opportunity to tell the before and after that involved the installation and expansion of the company Porta Hnos and the consequences it brought in its health and quality of life. Then the lawyers, the Public Ministry of Defense and the Prosecutor’s Office were given the floor for fifteen minutes. We consider this instance to be very valuable as it strengthens transparency, citizen participation and public dissemination of this socio-environmental conflict antecedent to Cordoba as the possibility given by the Court to the neighbors.

We believe that it is important to emphasize in these cases the role of the judges in order to guarantee the fundamental rights of present generations and future generations. This is an ideal case to carry out a model of dialogic justice, to seek a structural solution to the conflict, through. The court has the opportunity to establish clear judicial guidelines that address the protection of fundamental rights, such as the human right to a healthy environment, to the health and life of the neighbors of Barrio San Antonio and Inaudi. We trust that this instance allows the claim of neighbors to be effectively heard and that the State, at its different levels, recognize, investigate and solve a complex socio-environmental situation.

Author
Victoria Gerbaldo, <victoriagerbaldo@fundeps.org>
Contact
Juan Carballo, <juanmcarballo@fundeps.org>
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Rosario received us at the Third Meeting on Women and Ecology

“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 social movements that face the environmental problems and the gender inequality are due to a historical link to promote solutions that are integral and from a perspective that generates spaces of debate for equality and care.

Both environmentalism and feminism have championed their struggles against forms and logic of dominance that have engendered deep cracks in society and the world. Both spaces share the need to generate healthy forms of collective care, and their activism has always been female.

The Workshop Ecologist of Rosario has made the proposal to enter into little-known views, such as ecofeminism, to be able to continue making progress in the search for better alternatives to achieve a better relationship between communities, and society and the environment.

In this context, we participated in the Encounter “Women and Ecology. Weaving networks to rethink the present and build the future “that allowed us to generate links between organizations that work with environmental issues from a human rights perspective, with a special focus on gender inequality. In this way, and weaving networks between organizations, we start a path so that our actions are not isolated, and that each experience can nourish the activities we do, and thus empower and organize to generate greater and better impact.

Contact

Virginia Pedraza – vir.pedraza@fundeps.org

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Introducing amicus curiae to defend the right to information and health

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

 

On August 10, we made a presentation before the Colombian Constitutional Court to clarify the content and scope of the fundamental right to health. An amicus curiae (friend of the court or friend of the court) is a presentation made by a non-litigious third party, where he voluntarily offers an opinion on some aspect of law, to collaborate with the court in the resolution of the litigation.

The Colombian Association of Consumer Education (Educar Consumidores) launched in August 2016 a campaign called “Take care of your life – Tómala en Serio”, which sought to provide information on the harmful health consequences of regular consumption of certain sugary drinks. In the framework of this campaign, a video was broadcast on television and on radio that showed the high sugar content of these beverages, connecting these behaviors with health complications such as diabetes or obesity, which occur both in Colombia and throughout Region of Latin America. Postobon S.A., a sweetened beverage company from Colombia, denounced this video before the Superintendency of Industry and Commerce (SIC). As a result, the SIC prohibited by resolution 59176, the dissemination of the commercials alleging that it was “misleading advertising” for not having scientific or medical support for their assertions.

Resolution 59176 issued by the SIC ordered Educar Consumidores to cease the dissemination of the commercial. Also, it ordered to send to the office of the Delegation of Research and Consumer Protection of the SIC, any advertising piece that in the future wishes to transmit on the consumption of sweetened beverages (BBAA) before its publication. This restriction would apply to any medium of communication, including social networks; And the SIC established it with the objective of exercising prior control over it and deciding whether to authorize its publication and dissemination or not, under penalty of fine.

Faced with this situation, Educar Consumidores filed a lawsuit claiming for violation of its freedom to express itself in a matter of public interest. At the same time, Dejusticia filed a supplementary legal action claiming that the resolution of the SIC violated the right of consumers to access relevant information. After different instances and a very good decision of the Supreme Court of Colombia that was already commented by FUNDEPS, both cases were accumulated by the Constitutional Court. In this instance, the Constitutional Court will have the opportunity to clarify the limits of the commercial discourse and its differences with the awareness campaigns. At the same time, it may raise the relevance of access to information to ensure the right to health and to make consumer decisions with adequate information.

The amicus presented together with FiC Argentina provides arguments of international human rights law that we consider relevant for the resolution of the case. With this intervention, we hope to contribute to the solution of a case that we consider to be of extreme importance for both Colombia and the rest of Latin America. Judicial processes like this have great repercussions both globally and regionally, as they generate valuable jurisdictional background on the important issue of healthy eating.

The foundations of the amicus curiae seek to demonstrate that the measures adopted by the SIC resolution mean a violation of human rights obligations at different levels, while weakening the possibilities of responding to a global epidemic of malnutrition and obesity. On the one hand, it violates the freedom of expression of a civil society organization, it is even a clear prior censorship regarding its action in the public sphere. It also implies a violation of human rights obligations as it violates the recommendations of monitoring bodies on how to deal with the obesity epidemic. Different bodies and specialized offices such as CDESC, CRC or rapporteurs for the right to health or the right to food have pointed out that the obesity epidemic is definitely a human rights problem affecting a vulnerable population: children And adolescents.

From FUNDEPS and FIC Argentina we believe that this decision will have relevance both within Colombia and at the regional level. The growth of obesity – with a particularly strong impact on children and adolescents – and the strong presence of advertising strategies in the food industry are repeated throughout the region. Chronic noncommunicable diseases are the leading cause of death in the world. It is the duty of the State to respect, guarantee and protect the rights of its citizens, especially when dealing with fundamental issues such as the protection of health. Therefore, the decision of the Court in this case will be important beyond the borders of Colombia.

More information

– Amicus Curiae presented at Colombian Constitutional Court

Author

María Victoria Gerbaldo

Contact

Agustina Mozzoni – agustinamozzoni@fundeps.org

Juan Carballo – juanmcarballo@fundeps.org

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Argentina hosts the 7th Meeting of Negotiation of the Regional Agreement on Principle 10

“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”

July 31 was the first day of meeting in which governmental authorities from 24 countries in Latin America and the Caribbean, international experts and representatives of civil society resumed negotiations on the regional agreement on Principle 10.

The event was inaugurated by representatives of the government of Argentina, representatives of the public, the Deputy Minister of Environment of Costa Rica – a country that co-chairs the process with the government of Chile – and the Director of the Division of Sustainable Development and Human Settlements of ECLAC .

We emphasize that, from the Argentine government, the Minister of Foreign Affairs and Worship, Jorge Faurie said that “Argentina supports this initiative and invites all countries of Latin America and the Caribbean to join this process of negotiation so that, With the collaboration of each one – States parties and civil society -, an agreement will be reached that will benefit the region and all its inhabitants.” We welcome the words expressed by the representative of Argentina as he affirms the need to work together with representatives of civil society and to concretize this agreement whose process began in 2012.

In addition, public representatives – Andrés Napoli and Danielle – pointed out that “effective access to environmental information, participation and justice is essential for democracy and natural resource governance, and characterized as solid the process and negotiations reached until the moment.”

This seventh negotiating meeting is scheduled to discuss capacity building for the implementation of the future agreement (Article 10), national actions undertaken by countries signatory to the Declaration on the implementation of Principle 10 and activities carried out by the Technical Secretariat; And the continuation of pending negotiations between them, the administrative, financial and budgetary implications (articles 11 to 25).

As representatives of civil society, we believe that the adoption of a regional agreement, which establishes essential standards in access rights, will strengthen capacities to deal with environmental challenges in the region, and will provide greater equality and environmental sustainability for Latin America and the Caribbean. Caribbean.

Follow the meeting live

More information

– We support the declaration of Principle 10 and the objectives of sustainable development | FUNDEPS

– Seventh Meeting of the Negotiating Committee | Principle 10

Contact

Male Martínez

malemartinez@fundeps.org

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One month after the suspension of pensions, many people with disabilities remain unanswered

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

 

On June 21 of this year, an order was made with more than 25 civil society organizations, the Minister of Social Development, Carolina Stanley, requesting the immediate reinstatement of all pensions suspended or discharged in violation of due process , Both during the month of June, as in previous months. It was demanded the implementation of an information and discussion mechanism that effectively and effectively assures the right to be heard, and to exercise the defense of all those persons holding a disability pension. In addition, we ask for the generation of spaces for the participation of civil society, in the process of adapting decree 432/97 to international standards.

In response to the claim made, the Ministry of Social Development showed that it does not implement appropriate administrative procedures prior to the decision to withdraw non-contributory pensions, and did not give any response to the request to review the criteria of the decree 432/97, implementing instances of participation and consultation with organizations of and for persons with disabilities.

The Ministry explained that it does not implement any mechanism to guarantee the right to be heard, and due process of the people to whom the benefit is suspended. On the other hand, he replied that two provisions have been approved that render suspensions inoperative, and that a mechanism for communicating suspensions is in the process of being implemented, but it did not accredit their compliance or give access to the content of the aforementioned provisions.

Both the Supreme Court of Justice of the Nation and the Federal Chamber of Social Security have respectively indicated that the administrative act that provides for the reduction of a non-contributory pension is illegitimate if it is approved without analyzing all the facts of the case; And that the powers of the Pension Assistance Commission to verify compliance with the requirements of the regulations for the enjoyment of non-contributory pensions can not be exercised without due process of adjective protection of the administrative procedure law; And a non-contributory pension can be suspended only after giving the persons affected the possibility of defense and pleading, and the facts on which it is based are fully proven.

The state action, in addition to violating the right of defense, represents a regressive act, in violation of the principle of progressivity and non-regressivity, which should govern the implementation of public policies in the area of ​​economic and social rights, such as the right to Social security for people with disabilities. This is why an urgent response to the problem faced by people with disabilities is required.

Lastly, the importance is again emphasized and it is urged that spaces for the participation of civil society in the process of amending decree 432/97 be generated and replaced by a new norm that respects the provisions of the Convention on the Rights of Persons with Disabilities. The Persons with Disabilities and the international treaties of Human Rights and ensure that, until this happens, their interpretation is done in accordance with said instruments.

Author

Luciana Severini

Contact

Agustina Mozzoni <agustinamozzoni@fundeps.org>

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Youth committed to the 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”

Within the framework of the Environmental Leaders program, the objective is to generate a discussion area in order to promote representative spaces of the Cordovan youth committed against climate change and environmental themes.

This table of dialog each of the representatives of civil society organizations share opinions, ideas and proposals for the city and province of Cordoba that make up the current concerns and themes of the environmental agenda; And joint activities were designed to work together.

We emphasize that the objectives of this initiative are: to promote a space of positioning with regard to conjunctural themes with a view of participation and particularly young; And to build capacity building among youth, Young Córdoba Agency and the Secretariat of Environment and Climate Change of the province of Cordoba.

We celebrate and support the realization of this type of initiative, as they reflect the opportunity for articulating different proposals, activities and actions of civil society organizations together with spheres of government in pursuit of the construction of guidelines for more sustainable public policies In environmental matters, as well as the strengthening of a participatory democracy open to dialogue, listening and working together.

Authors

María Elena Martínez Espeche

Juan Bautista López

Contact

María Elena Martínez Espeche – malemartinez@fundeps.org

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First meeting of the National Commission on Healthy Eating and Obesity Prevention

“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 main objective of the meeting is to inform about the lines of action that the Program develops and to propose strategies for the joint work. This Commission was established on the basis of Resolution 732/2016 that determined the creation of the National Program of Healthy Food and Obesity Prevention in the scope of the Direction of Promotion of the Health and Control of Noncommunicable Diseases.

At the beginning of the event, Dr. Adolfo Rubinstein (Secretary of Health Promotion, Prevention and Control of Risks) and Dr. Verónica Schoj (Director of Health Promotion and Non-Communicable Chronic Diseases) speak. Veronica Risso Patrón (Coordinator of the National Program for Healthy Eating and Obesity Prevention) explains the Commission’s working proposal: thematic and modality of work, schedule, expected products. Finally, the signing of declarations of conflicts of interest takes place at the meeting.

It is expected that the Commission will work through voluntary advisory subcommittees on different topics: food reformulation, nutritional profiles and front labeling, marketing and advertising of foods, promotion and healthy school environments.

Childhood obesity is a problem with serious health and economic consequences that is increasingly affecting low- and middle-income countries and the most vulnerable sectors of the population. At present, there are about 41 million children under 5 years of age who are overweight or obese, of whom more than 80% live in developing countries. We celebrate these kinds of initiatives that represent an opportunity for the debate and the coordination of efforts of multiple actors of society. We also emphasize the importance of including and ensuring the effective participation of organizations from different provinces that account for the specific and specific reality of each one, and allow progress towards the construction of a federal policy on healthy eating.

Contact

Agustina Mozzoni, <agustinamozzoni@fundeps.org>

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Religious freedom should not be anti-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”

 

We note with concern the urgency and selectivity with which we are dealing with the problematic bill submitted by the National Executive Branch on June 12 under number 0010/PE/2017. This project, aiming to regulate religious freedom, incorporates the questionable figure of the institutional conscientious objection and generates mechanisms of institutional violence and violation of human rights.

This proposal not only jeopardizes the legitimacy of the legal system by proposing as a rule the possibility of excepting compliance with the law, but also seriously compromises the international obligations assumed by the Argentine State. This is so insofar as there is a great potential to obstruct the fulfillment and guarantee of many human rights, such as health, identity, non-discrimination and life free of violence, as well as to affect vulnerable groups such as children and adolescents , And people with disabilities.

Although the draft mentions several human rights treaties, it is widely misunderstood in their interpretation, in view of the many jurisprudential precedents given by our country’s courts in this area, as well as the recommendations of the corresponding human rights committees. In this way, it aims to erect as a guarantor standard, but in its drafting institutes mechanisms that preclude access to basic rights that must be guaranteed by the State.

Institutional conscientious objection, in practice, makes it possible to carry out generalized discriminatory acts against certain groups, historically relegated. Imagine a person who is in a position to request surgical intervention for genital reassignment, before institutions that by religious belief may violate their right to identity and psychophysical health in an institutionalized way.

The presumption of good faith granted by the project to the person exercising the conscientious objection reverses the burden of proof to the detriment of citizenship, making each person to judge each case, since the final interpretation of the constitutionality corresponds to the Power Judicial. This would generate serious mechanisms of institutional violence, and our State has acquired international commitments for the purpose of eradicating such violence. Let us not forget: in what democratic state can a person evade compliance with the law because his faith dictates it?

It also legitimizes the risk of children and adolescents, as well as persons with disabilities, when it enables its representatives to exercise conscientious objection on their behalf. This could lead to denial of certain medical treatments by representation, which has been widely rejected by our courts.

Likewise, in order to safeguard the rights of non-Catholic religious communities, churches and other denominations, it does not regressively recognize sexual and non-reproductive rights and international standards in this regard. In this regard, it should be recalled that conscientious objection is not recognized as a human right, and that the Committee on Economic, Social and Cultural Rights (General Comment No. 22 March 2016) stated that, should States regulate it , This must be done in a way that does not impact on access to sexual and reproductive health. This recommendation is not observed in the project, much less in the hermetic treatment that is being given.

On the other hand, and what is not less, it is possible to rescue that by definition legal persons and / or entities do not possess the consciousness or subjectivity that seeks to protect the notion of conscientious objection. What religion or belief can a legal entity claim?

A rule that seeks to incorporate, in a generalized, discretionary and presumptive manner, the exception to the fulfillment of legal obligations, seriously compromises legal certainty, the bases of our rule of law, and the exercise and guarantee of human rights. Religious freedom is already guaranteed by our National Constitution, and by human rights treaties with constitutional hierarchy. This bill only undermines its exercise, and in turn implies an express and serious acceptance that not all of us have the same duty of obedience before the law.

The pronouncement of the organizations

We adhere to the rejection letter to Bill 0010 / PE / 2017, prepared by the Abogadxs National Alliance for Women’s Human Rights, which is joined by more than 100 recognized organizations and institutions from all over the country, and more than 400 experts and law specialists.

This letter will be presented to the Commissions for Foreign Affairs and Worship, Penal Legislation and Budget and Finance, of the Chamber of Deputies of the National Congress, in order to make known the institutional gravity that matters the consideration of this project, and the concern for its Selective treatment.

Author

María Julieta Cena

More information

Virginia Pedraza – vir.pedraza@fundeps.org