Tag Archive for: ESCR

We began to integrate the RACI Executive Committee

Carolina Tamagnini, Executive Director of Fundeps, was elected as a substitute during the last election process for the Executive Committee of the Argentine Network for International Cooperation.

“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”.

RACI is a federation made up of more than 150 Argentine Civil Society Organizations (CSOs) that constantly works to strengthen and promote coordinated actions with the sector. Fundeps has been part of this space since 2016 and this year we decided to renew our commitment by applying to be part of its Executive Committee.

During the last Assembly of RACI Members, the results of the elections of the members of the new Executive Committee were announced. Said Committee is in charge of carrying out political actions in line with the medium and long-term strategy, as well as contributing to the implementation of the annual planning of the Network. On this occasion, Carolina obtained the necessary votes to become part of said space, and will be occupying a substitute role for the period 2020-2022.

We celebrate the renewal of RACI authorities and be able to accompany their continuous growth and federalization process, thus contributing to the strengthening of civil society in Argentina.

More information

New RACI Executive Committee

Contact
Carolina Tamagnini – carotamagnini@fundeps.org
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The Inter-American Commission presents its annual report 2018

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

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

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

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

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

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

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

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

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

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

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

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

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

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The right to life according to the UN Human Rights Committee

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

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

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

The right to life before the interruption of pregnancy

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

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

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

International human rights organizations in tune

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

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

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

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

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

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

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

Writter:

Mayca Balaguer

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UN Committee ends report on Economic, Social and Cultural Rights in Argentina

The United Nations Committee on Economic, Social and Cultural Rights concluded on September 28 the fourth report of Argentina on the implementation of the International Covenant on Economic, Social and Cultural Rights.

After an interactive dialogue with the Argentine delegation, the Analysis Committee was integrated The report was presented by the State and also the information by civil society organizations through the shadow reports.

“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”

Main conclusions

One of the central issues addressed by the Committee was the financial crisis, because in a context where poverty rates continue, policies to reduce social programs have been implemented, deepening the vulnerability of some social groups. The Argentine State was also questioned about the situation faced by its government institutions, the degradation of some ministries to secretariats, and about the appointment of the Ombudsman.

On the other hand, he expressed his concern for the repression of social protest and access to the land of native peoples. In addition, although the Committee congratulated the adoption of the Gender Identity and Equal Marriage Law in the country, it drew attention to the lack of access to work and harassment in the educational system for LGBTI people, people with disabilities, migrants and women. He also asked the State about youth unemployment, informal work, and several issues related to education (school dropout, sexual and reproductive education and teaching of native languages).

Find more information on public education and comprehensive sex education.

Equality between men and women

Argentine women are affected by the unpaid work of family care, the low rate of labor participation, lack of universal provision of social services and low representation in senior positions in various sectors (particularly justice and the private sector). Therefore, the Committee recommends strengthening legislative provisions and public policies with assigned budgets, aimed at achieving equal rights for men and women, including a public system of comprehensive care, the implementation of measures against social stereotypes that affect women and the promotion of reconciliation policies between work and family life.

On equal opportunities for women and LGBTI people in media organizations, you may be interested in the following link.

Sexual and reproductive rights

Regretting that the bill of voluntary interruption of pregnancy was not approved, the Committee highlighted the high numbers of dangerous abortions in Argentina

and the obstacles to access to abortion in the causes foreseen by the current law, such as the lack of adequate medicines and the negative impact of conscientious objection by health professionals. He also highlighted the lack of a normative and institutional framework to guarantee adequate health services for intersex people.

Among its recommendations in this area, are the provision of contraceptive methods throughout the territory, as well as the adoption of effective measures for the effective implementation of the causes of non-punishable abortion in all provinces – under the provisions of the FAL ruling – and access to medications that allow a safe pregnancy termination. It also recommended the regulation of conscientious objection in order not to obstruct the rapid and effective access to abortion, with dignified treatment by health professionals for patients seeking access to abortion services, as well as not criminalizing women who resort to abortion. practice. Finally, it recommended adopting a normative and institutional framework to guarantee adequate health services for intersex people.

Violence against women

The Committee is concerned about the seriousness of violence against women and girls, with 251 femicides in 2017, despite some progress (such as the inclusion of the figure of femicide in the Criminal Code and the law of Integral Protection). For this, he urged the State to consider the needs of victims of gender violence in the judiciary, to implement free and specialized sponsorship services for women and to improve measures to guarantee the investigation, punishment and reparation of acts of violence , in order to achieve full protection for women and their children.

Feeding

On this point, the Committee regretted the absence of an explicit constitutional recognition and protection of the right to food, the lack of implementation of the Family Agriculture Law No. 27,118, budget and personnel cuts in the family agriculture sector and the increase of people who depend on school and community dining rooms.

He also expressed concern about the increase in the rates of overweight and obesity, the absence of state measures to reduce the consumption of sugary drinks and the lack of adequate regulation to restrict the advertising of unhealthy foods.

In this sense, its main recommendations were to adopt a normative framework that expressly recognizes the right to food and that guides public policies that ensure a healthy, nutritious and sufficient diet, especially for disadvantaged groups. This includes ensuring the effective implementation of the Family Farming Law and taking effective measures to discourage the consumption of foods and beverages harmful to health. At this point, it was even recommended to increase the tax on sugary drinks, strengthening the regulation of the Argentine Food Code in terms of front labeling of foods, including information on sugar in the products, and implement restrictions on the advertising of food and drinks harmful to health, particularly those intended for children and adolescents.

Learn more about food labeling and consumption of sugary drinks.

Health and tobacco use

The high consumption of tobacco has a great negative impact on the health of people in Argentina. The regulation of taxes on tobacco is insufficient and the regulation on advertising campaigns is precarious, so the Committee recommended to our State to adopt more robust measures for the prevention of consumption. Among these, mention is made of the tax increase at a level sufficient to have a deterrent effect on tobacco consumption, the prohibition on advertising, and information campaigns on the negative impact of tobacco on health, with emphasis on the protection of tobacco products. children and youth

In addition, he urged the State to ratify the WHO Framework Convention on Tobacco Control and to adjust the internal regulations on the advertising of tobacco products to the standards established in this Agreement.

Here you can read more about the tobacco control framework agreement.

Mining and the environment

The use of certain unconventional methods of exploitation of hydrocarbons, such as fracking, and the local impact of these forms of exploitation were another concern of the Committee. In particular because of the negative impact they can have on the environment, water and health. Therefore, the country was recommended to adopt a fracking regulatory framework that includes assessments of its impact in all provinces, prior consultations with affected communities, and appropriate documentation of its effects on air and water pollution, emissions radioactive, the risks to health and safety at work, the effects on public health, noise pollution, light and stress, seismic activity that can trigger, threats to agriculture and soil quality, and to the climate system.

Agriculture, healthy environment and health

The increase in the use of pesticides and herbicides that include glyphosate is worrisome, despite the serious adverse impacts on health and the environment of many of them, indicated as probably carcinogenic by the International Agency for Research on Cancer (IARC). ) of the World Health Organization.

In this regard, the Committee recommended that Argentina adopt a regulatory framework that includes the application of the precautionary principle regarding the use of harmful pesticides and herbicides, particularly those that include glyphosate, to prevent negative health impacts from its use and in the degradation of the environment.

On the application of agrochemicals, you may be interested in the following link.

 

Writer: Mayca Balaguer

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Reporting to the DESC Committee

In collaboration with other civil society organizations, we made several reports to the Committee on Economic, Social and Cultural Rights (DESC) for its session No. 64. Through them we intend to bring critical observations and recommendations on issues related to DESC that have been part of the work agenda of our organization, and so give an update of the report presented at the instance of sessions of the Preparatory Working Group, in 2017.

“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 has ratified the International Covenant on Economic and Cultural Rights (PIDESC), committing itself to comply with the obligations derived from this pact. The ICESCR, like other human rights treaties, establishes a set for monitoring its level of compliance: the Committee on Economic, Social and Cultural Rights (CESCR). In this sense, the Supreme Court has recognized this committee as an “authorized interpreter” of the Covenant, which sometimes has a constitutional hierarchy.
The monitoring mechanism established in the same includes, in turn, the possibility of participating in civil society in different stages, through the presentation of reports: the Committee receives reports from the State as well as from civil society and evaluates them, for Then issue your Final observations. The importance of these observations is that they are used as tools to demand compliance with human rights standards in the matter of ESCR.
In this context, we have presented several reports that warn about the situations of rights being affected in different areas.

Health:

  • Situation of chronic noncommunicable diseases in Argentina:

We recommend urging the State to adopt some measures to reduce the consumption of tobacco products and unhealthy foods.

Among them, the limitation of advertising aimed at children, the adoption of a more simple and understandable nutrition labeling, the raising of taxes, the ratification by the Argentine State of the Framework Convention on Tobacco Control and the adoption of measures that protect especially vulnerable groups.

  • Current situation regarding marketing practices of milk formulas:

In this regard, we recommend urge the Argentine government to regulate and restrict the marketing strategies of formulas of breast milk, to continue to promote breastfeeding beyond awareness campaigns, to prevent interference from industry processes related to the field of public health and to promote transparency in the sponsorship of academic events and research.

  • Situation of the regulations of geriatric residences:

We recommend the enactment of a national law that establishes minimum budgets to be guaranteed in all nursing homes in the country, in accordance with the rights and paradigm established in the Inter-American Convention for the Protection of Older Persons, as well as local laws that accept this paradigm. Likewise, it is recommended to urge the Argentine State to publicize the data related to the authorizations and controls of said residences.

  • Lack of access to sexual and reproductive rights:

The situation of low access to contraceptives and abortion practices is worrisome in cases allowed by law. We recommend then to urge the State to provide the necessary supplies to comply with sexual and reproductive rights, as well as to ensure that conscientious objection does not impede access to them. Finally, we recommend urging the State to train health professionals, in accordance with the international standards set by WHO for access to safe abortion, and the promotion of legislative discussion for the legalization of abortion.

Democracy

  • Current situation of the Ombudsman’s Office:

This institution continues to abide by it for 11 years, which is configured as a weakening of the DESC protection system. In this regard, we have recommended, among other things, to designate as soon as possible a person in charge of the Office of the Ombudsman of the Nation and to reformulate the procedures for selecting it.

  • Access to public information on environmental matters:

We recommend that the Committee urge the State to guarantee access to public information on environmental matters in view of the progress of major infrastructure projects, extractive industries and Chinese investments; promoting the creation of instances and / or mechanisms of citizen participation. In addition to promoting the protection of those who defend their rights and oppose the advancement of large infrastructure projects.

  • Draft Bill of Collective Proceedings:

We recommend that the State abstain from promoting the Draft Bill of collective actions before the National Congress and promote a regulation that conforms to current international and constitutional standards in terms of access to justice and effective judicial protection of groups in vulnerable situations.

Ambient

  • Use and application of agrochemicals:

We warn about the effects on the right to health derived from the use of agrochemicals; recommending the adoption of a national regulation that regulates the use and application of agrochemicals and requesting the revision and adaptation of national and provincial regulations to the new categories established by the WHO regarding the classification of phytosanitary products. In addition, the adoption of measures to minimize the impact of the use of agrochemicals and periodic epidemiological evaluations is recommended.

More Information

Contacts

Agustina Mozzoni: agustinamozzoni@fundeps.org

Carolina Tamagnini: carotamagnini@fundeps.org

 

 

 

 

 

 

 

 

 

 

 

 

 

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Advisory Opinion of the IACHR on the environment and human rights

Following a request made by the State of Colombia on March 14, 2016, for the first time the Inter-American Court developed the content of the right to a healthy environment in its Advisory Opinion OC-23/17 on “Environment and Human Rights”, notified on February 7.

“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 this document the Court recognized “the undeniable relationship between the protection of the environment and the realization of other human rights“, highlighting the interdependence and indivisibility that exists between human rights, the environment and sustainable development. Therefore, it understands that all rights are vulnerable to environmental degradation, and its full enjoyment depends on an appropriate environment.

In the inter-American human rights system, the right to a healthy environment is expressly enshrined in Article 11 of the Protocol of San Salvador, which establishes the right of everyone to live in a healthy environment and to have basic public services, and the consequent obligation of the States to promote the protection, preservation and improvement of the environment.

In addition, this right is also considered included among the economic, social and cultural rights protected by Article 26 of the American Convention.

The Court clarified that “the human right to a healthy environment has been understood as a right with both individual and collective connotations. In its collective dimension, [..] constitutes a universal interest, which is due both to present and future generations. However, […] it also has an individual dimension, insofar as its violation can have direct or indirect repercussions on people due to its connection with other rights, such as the right to health, personal integrity or life, among others. The degradation of the environment can cause irreparable damage to human beings, so a healthy environment is a fundamental right for the existence of humanity.”

The Advisory Opinion also determined the state obligations for the protection of the environment.

With respect to jurisdiction, States must respect and guarantee the human rights of all people and this may mean, depending on the case in particular and exceptionally, situations that go beyond their territorial limits. In the same sense, States have an obligation to avoid transboundary damage.

In particular, in order to respect and guarantee the rights to life and integrity, it determined that States must comply with the following obligations and principles:

Obligation of prevention: means to prevent significant environmental damage, inside or outside its territory, which implies that they must regulate, supervise and supervise the activities under their jurisdiction, carry out environmental impact studies, establish contingency plans and mitigate the damage that has occurred;

Principle of precaution: States must act in accordance with the precautionary principle against possible serious or irreversible damage to the environment that affects the rights to life and personal integrity, even in the absence of scientific certainty;

Obligation of cooperation: involves cooperation with other States in good faith for protection against significant environmental damage. From this are derived:

  • The obligation to notify potentially affected States of possible significant environmental damage caused by activities carried out under their jurisdiction;
  • The duty to consult and negotiate with the potentially affected States;
  • The duty to ensure the exchange of information between States;

Procedural Obligations: These are obligations that support a better formulation of environmental policies. Among them, States have to ensure:

  • Access to information: guarantee access to information on possible effects on the environment;
  • Public participation: guarantee the right to public participation of people, in making decisions and policies that may affect the environment.
  • Access to justice: guarantee access to justice, in relation to state obligations for the protection of the environment.

It is remarkable that the IACHR determines the content and scope of the procedural obligations, since they are in line with the provisions of Principle 10 of the Rio Declaration on Environment and Development. This principle seeks to ensure that everyone has access to information, participates in decision-making and accesses justice in environmental matters, in order to guarantee the right to a healthy and sustainable environment for present and future generations. In this sense, FUNDEPS, together with several civil society organizations, actively participates in the negotiation process to obtain a Regional Agreement on Principle 10, considering that its concretion will allow strengthening capacities to deal with environmental challenges in the region. .

This Advisory Opinion arose because of Colombia’s concern regarding the “risk” that new major infrastructure projects will seriously affect the marine environment in the region. Everything provided by the Court will allow Colombia to continue advancing in the effective protection of the environment in the Greater Caribbean and the rights and interests of Colombians.

Beyond the effects that the document may have for the State that requested the Opinion, we understand that it constitutes a significant advance in terms of environmental protection for all American States, as it provides interpretative guidelines and completes the sense of the rights contained in the Covenant.

More information

– See the full resolution

Author

Mayca Balaguer, maycabalaguer@fundeps.org

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Complaint for illegal environmental activities in Alta Gracia

“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”

 

Last Thursday, October 19, we made a presentation to the Environmental Police Department denouncing alleged illegal activities developed in the Potrerillo de Larreta Country Club located in the city of Alta Gracia. Apparently, during the last weeks of September and the first weeks of October, large-scale geomorphological injury actions were carried out in the country inn sector in the “Los Paredones” stream; consisting of dredging, deepening and expansion of the reservoir in order to increase the exploitation of the water of the stream by the Country.

They signify a clear violation of the provincial environmental policy law, since in order to carry out this type of works it is necessary to previously complete the Environmental Impact Assessment (EIA) process, foreseen in Annex I, subsection 31 of Law 10.208 , which includes the holding of public hearings prior to the granting of the corresponding environmental license, a procedure that has not been completed in this case.

It is worth remembering that since 2012 the Potrerillo de Larreta Country Club has been involved in a judicial process against the province of Córdoba, for the enclosure of almost 4 km of the same stream restricting free transit to third parties and the use of it by the entire community, mainly alleging security reasons. In this instance, together with the collective “Todos por Nuestros Arroyos” we present an Amicus Curiae invoking the character of public good of the stream and the illegitimacy of the fences, finding the next cause to issue a sentence.

Without prejudice to this, the illicit actions continue and are part of a long-standing problem in Alta Gracia that involves particular interests to the detriment of the fundamental rights of all inhabitants. The enclosure of rivers, streams and lakes of provincial dominion by the owners of the estates adjacent to them, constitutes a clear illegitimate act that violates, among others, the right to free transit, the use, enjoyment and use of public domain waters and the constitutionally recognized human right of access to water.

From FUNDEPS we made this presentation hoping to contribute to an adequate protection of the environment as a collective good and to guarantee the respect of rights of collective incidence over individual rights.

More information

Presentation to protect the environment against individual interests in Alta Gracia | FUNDEPS

Author

Noelia Salvia

Contact

María Pérez Alsina – mariaperezalsina@fundeps.org

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Joint submission of reports to the Committee on Economic, Social and Cultural Rights Social

“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”

When a country ratifies an international human rights treaty, it undertakes to comply with the obligations set out therein. Many of these treaties establish mechanisms for accountability on the level of compliance with these obligations to be open to the participation of civil society. In this case, the obligations of Argentina under the International Covenant on Economic, Social and Cultural Rights (ICESCR) are reviewed before the CESCR. In collaboration with other civil society organizations in Argentina, we have approached critical observations, recommendations and questions through two reports: one more general about various aspects related to obligations in ESCR and another focused on the protection of the health of chronic noncommunicable diseases .

Structural report developed jointly with ACIJ

Together with the Civil Association for Equality and Justice (ACIJ), we produced a report during the month of August with comments on Argentina’s compliance with the rights enshrined in the ICESCR. This report is based on the report that Argentina presented to the Committee in late 2016 to report on the progress it has made in terms of these rights, so it is called “shadow report”.

In this instance, the CDESC opens the opportunity for civil society organizations to comment on the topics covered in the official reports and to suggest questions for members of the Committee to delve into sessions with representatives of the State. To these ends, from FUNDEPS and ACIJ we have presented data alternative to those provided by the government, in some points such as: production and quality of data on ESCR; access to justice in ESCR; education rights; right to inclusive education; right to health; right to gender equality; rights of environmental defenders; among other.

Report on the protection of the health of chronic noncommunicable diseases

Together with FIC Argentina, the O’Neill Institute and the Chair of Food Sovereignty of the School of Nutrition of the University of Buenos Aires, we present a report in which we warn about the situation of chronic diseases in Argentina; at the same time as we suggest to the State the adoption of some measures to reduce the consumption of tobacco products and unhealthy foods.

Measures such as limiting advertising aimed at children, adoption of simpler and more understandable nutrition labeling, tax increases, ratification by the Argentine State of the Framework Convention on Tobacco Control and adoption of measures particularly vulnerable groups.

The information presented and the questions asked to the State are that next year the final evaluation will be done, after giving Argentina a right of reply and civil society organizations to submit shadow reports again. The concluding observations that the Committee issues are tools to require the Argentine State to comply with human rights standards on ESCR.

More information

– Shadow report of FUNDEPS and ACIJ

– Official reports and other shadow reports

Contact

Carolina Tamagnini – carotamagnini@fundeps.org

Organizations demand information from the government on the situation of ESCR

More than 20 civil society organizations submitted a petition to the Argentine State at the beginning of May, in order to carry out the pending reports on the state of Economic, Social and Cultural Rights (ESCR).

“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 acceded to the Additional Protocol to the American Convention on Human Rights in the Area of ​​Economic, Social and Cultural Rights, also known as the Protocol of San Salvador (PSS), which entered into force in 1999.

The PSS states in article 19 that the States Parties undertake to submit periodic reports on the progressive measures they have adopted to ensure respect for the rights enshrined in the Protocol. However, Argentina owes the report for the year 2014 relating to rights in social security, education and health. It also welcomes the report that should have been submitted in mid-2016 on labor rights and trade union freedoms, adequate food, environment and culture.

The importance of these reports is that they are indispensable tools to monitor and diagnose the level of compliance with these rights. Ensuring transparency, access to information and accountability in this area allows us to know the current state and evaluate progress in the progressive fulfillment of these rights, another international commitment assumed by the Argentine State. In addition, developing such reports allows States to design and develop public policies that respond to situations of inequality, inequity and violation of rights.

That is why it is important that the Argentine State submits the corresponding reports, thus fulfilling the commitment made to guarantee Economic, Social and Cultural Rights.

Author

Débora Fernández

Contact

Juan Carballo – juanmcarballo@fundeps.org

Regional thematic hearing of the IACHR in the fulfillment of the DESCA

We will be participating in one of the public hearings convened by the Inter-American Commission on Human Rights (IACHR) to be held on March 17, 18, 20, 21 and 22 in Washington.

In the context of public hearings, the one that summons us is about “Right of access to information relevant to the enforceability of economic, social, cultural and environmental rights”. This was requested from the IACHR in conjunction with organizations in the region, such as Fundación Construir (Bolivia); Institute of Legal and Social Studies of Uruguay (Ielsur, Uruguay); Regional Alliance for Free Expression and Information (Uruguay); ARTICLE 19 (Brazil); Center for Archives and Access to Public Information (CAinfo, Uruguay); Fundar – Analysis and Research Center (Mexico); And Civil Association for Equality and Justice (ACIJ, Argentina).

The hearing we will participate in will expose to the Inter-American System of Human Rights (IACHR) the need to consolidate standards regarding production and access to information that allow progress towards the effective implementation and enforceability of economic, social, cultural and environmental rights DESCA). There are international and regional commitments in this area that show clear obligations with respect to production and access to information, which are necessary in order to advance the enforceability and exercise of these rights. However, in the countries of the region there are serious failures to comply.

Several international agencies have not found necessary information to determine whether DESCAs are respected in the countries of the region. Specifically, they have noted deficiencies related to the collection and systematization of information on the exercise of the rights to education, employment, health and social security of women; Children and adolescents; People with disabilities; Indigenous peoples; Afro-descendants and migrant workers and their families. In this same line, they have stated that it is a state obligation to produce information from which it is possible to validate indicators and, in general, access to many of the guarantees covered by each social right.

Argentina and Cordoba are no exception in this regard. The case of contamination by the Bajo Grande WWTP plant, which affects the Chacras de la Merced community, is a clear example of human rights violations aggravated by the lack of access to information. The State does not provide data on levels of air and soil pollution, nor does it provide information on health effects to the people of the neighborhood, mainly women and children. In this way, the enforceability of the rights of the people affected is hampered.

That is why it is fundamental to strengthen the implementation of standards around the scope of state obligations of production, availability and timely access to information on DESCA. The latter, in addition to being essential for the design, implementation and evaluation of public policies, makes it possible to strengthen the demand strategies of civil society, generating the conditions for many violations of rights to be repaired.

We invite you to follow the live broadcast through the official website of the IACHR.

More information

Contact

Juan Carballo – juanmcarballo@fundeps.org

Débora Fernandez

We participated in the regional hearing of the IACHR in pursuit of compliance with the DESCA

We were part of one of the public hearings convened by the Inter-American Commission on Human Rights (CIDH), held on March 17, 18, 20, 21, and 22 of the current day in Washington.

“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 framework of public hearings, the one that calls us is about “Right to access relevant information for the enforceability of economic, social, cultural and environmental rights.” This was requested from the IACHR in conjunction with organizations in the region such as Fundación Construir (Bolivia); Institute of Legal and Social Studies of Uruguay (Ielsur, Uruguay); Regional Alliance for Free Expression and Information (Uruguay); ARTICLE 19 (Brazil); Archives Center and Access to Public Information (CAinfo, Uruguay); Fundar – Analysis and Research Center (Mexico); and Civil Association for Equality and Justice (ACIJ, Argentina).

The audience of which we were a part, exposed to the Inter-American System of Human Rights (SIDH) the need to consolidate standards regarding production and access to information that allow progress towards the effective implementation and enforceability of economic, social, cultural and environmental (DESCA). There are international and regional commitments in this area that show clear obligations regarding production and access to information, which are necessary to comply with the requirements to enforce and exercise these rights. However, in the countries of the region there are serious shortcomings in their compliance.

Several international organizations have not found the necessary information to be able to determine if DESCA are respected in the countries of the region. Specifically, they have noted deficiencies related to the collection and systematization of information on the exercise of women’s rights to education, employment, health and social security; children and adolescents; People with disabilities; indigenous Afro-descendants and migrant workers and their families. In this same line, is that they have specified that it is a state obligation to produce information from which the validation of indicators is possible and, in general, access to many of the guarantees covered by each social right.

Argentina and Cordoba are not the exception in this aspect. The case of contamination by the Bajo Grande WWTP plant, which affects the Chacras de la Merced community, is a clear example of the human rights violations aggravated by the deficiency in access to information. The State does not provide data on the levels of air and soil pollution, as well as the information collected on the effects on the health of the people of the neighborhood, mainly women and children. In this way, obstacles to the enforceability of the rights of the people affected are placed.

That is why it is fundamental to strengthen the implementation of standards around the scope of the state obligations of production, availability and timely access to information on DESCA. The latter, in addition to being essential for the design, implementation and evaluation of public policies, allows strengthening the enforceability strategies of civil society, generating the conditions for many violations of rights to be repaired.

More information

Contact

Juan Carballo – juanmcarballo@fundeps.org

Participation in the strategic planning of the IACHR

On February 10, we participated in the consultation process opened by the Inter-American Commission on Human Rights to civil society organizations in Washington, DC. This is done in the framework of the implementation of its strategic planning for the period 2017-2020.

“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”

During the first part of the day, the space was allocated to the organizations present to give their position on the human rights challenges to be taken into account for the coming years. Among the topics mentioned are the rights of migrants, women, LGTBIQ people, people with disabilities, indigenous peoples. In the second part of the consultation, the objectives that the Commission drew up as a draft were revised by working groups.

The challenges we identify in the future for human rights in the region are related to economic, social, cultural and environmental rights (DESCA), which have been widely recognized as human rights but not sufficiently addressed by hemispheric bodies. Another important item on the agenda is access to information, fundamental for democratic systems, and declared as a human right related to freedom of expression by the Inter-American Court of Human Rights. Access to information is of the utmost importance since it has a direct impact on the exercise of other human rights, including DESCA.On the other hand, we highlight the link between human rights and companies, due to the growing tendency to capture corporations around the world. In this sense, States should play a greater role, avoiding giving in to self-regulation commitments of the private sector and the interference of companies in sensitive public policy sectors. To this end, initiatives should be promoted to increase the levels of accountability of the private sector, not forgetting the responsibility of States. Finally, we express our concern about the situation of human rights defenders, with Latin America being one of the most dangerous regions for this group and we have proposed instances of participation outside national capitals.

The IACHR is a principal and autonomous body of the Organization of American States (OAS) responsible for the promotion and protection of human rights in the Americas. The processes for reviewing the agency’s activities, such as strategic planning, are of great relevance to the inter-American human rights system and the agenda of civil society on the continent.

More information

Intervention of FUNDEPS in the Strategic Plan process

Contact

Carolina Tamagnini – carotamagnini@fundeps.org