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87.
The Office of the Special Rapporteur recalls that, according to IACHR Resolution 1/2020, States must adopt a human rights approach in any strategy, policy or State measure to address the effects of the COVID-19 pandemic, including plans for social and economic reparations.
Likewise, economic measures should be im... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
F. Education, science, technology: academic freedom and university autonomy 88.
In Antigua and Barbuda, the return to on-site classes in all schools became effective on March 14, 2022, and the use of chinstraps is not mandatory for students55 .
REDESCA welcomes this news, recalling that Resolution 1/2020 establishes ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
89.
REDESCA became aware of episodes of discrimination suffered by children of the Rastafarian community in some public schools in Antigua and Barbuda57 , where they were allegedly objected to attending school with their hair braided in locks.
The Office of the Special Rapporteur agrees with the Government's condemna... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
G. Human Mobility and ESCER 90.
REDESCA welcomes the Migratory Amnesty Program promoted by the government of Antigua and Barbuda, which has allowed people in a situation of human mobility to obtain citizenship or residency on the island59 .
The regularization would provide security to foreigners, as well as access to... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In this regard, given the success of the program and the benefits it would represent, the application deadlines were extended, granting an additional 60 days for interested persons to submit their applications, culminating in June60 .
91. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
91.
In this regard, the Office of the Special Rapporteur recalls that States must provide persons in a situation of human mobility with the conditions for an adequate standard of living compatible with a life of dignity and prevent measures that hinder or impede access to human rights.
It also recalls that migration ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
53 Antigua Observer, "Egg farmers will now receive utility subsidies", April 7, 2022.
54 IACHR - REDESCA, Resolution 1/2020 on Pandemic and Human Rights in the Americas April 10, 2020.
55 Antigua News Room, "All schools to return to full face-to-face classes commencing Monday", March 10, 2022.
56 IACHR - REDESCA, "R... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
58 Loop News, "Antigua: Draft school hair policy almost compete," September 8, 2022.
59 Antigua Observer, "Thousands of immigrants granted amnesty in first month of program," April 2, 2022.
60 Loop News, Antigua extends immigration amnesty program, April 28, 2022.
30 phenomena require a priority approach by States b... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
31 2) ARGENTINA 92.
During 2022, the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights has been monitoring ESC rights in the country following the strategic lines of the Office of the Special Rapporteur.
In particular, the Special Rapporteurship is concerned about the high rates ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
For example, it was reported that one out of every four elderly people would live in conditions of multidimensional poverty63 and a little more than half (50.9%) of children aged 0 to 14 years would be poor64 ; even, according to UNICEF data, more than one million children and adolescents stopped eating a meal -breakfa... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
93.
In view of this situation, it is worth noting that the high levels of poverty are not only among unemployed people but, on the contrary, reach those who already have a job. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In this regard, the National Institute of Statistics and Census (INDEC) reported that in September 2022 a family composed of two adults and two minors needed an average of $130,000 to afford the cost of the Total Basic Food Basket (CBT), which is the threshold below which one falls into poverty66 , while the minimum li... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
This would show that wage income within the same family group is insufficient to overcome poverty.
94.
On the other hand, REDESCA notes that the country is facing a serious economic crisis mainly due to a generalized and sustained inflationary process which, as of September 2022, was at 83% year-on-year68 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In this perspective, REDESCA is concerned that the acceleration of inflation is having a greater impact on the prices of basic foodstuffs, essential public services such as electricity, water and gas, and rents, with a differential impact on groups in situations of exclusion and historical discrimination.
95.
REDESCA... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
It is for this reason that the DESCA Special Rapporteur welcomes the Argentine State for the execution of the National Census of Population, Homes and Dwellings in May and the inclusion -for the first time- of people living on the streets, recalling that a census measurement with a human rights approach requires consul... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Indeed, as expressed by the United Nations Special Rapporteur on adequate housing, for some population groups, statistical invisibility or exclusion from a census is experienced as marginalization and this can lead to 62 INDEC, Incidence of poverty and indigence in 31 urban agglomerates, First half of 2022, September 2... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
63 Observatorio de la Deuda Social Argentina de la Universidad Católica Argentina (UCA) and Fundación Navarro Viola, CONDICIONES DE VIDA DE LAS PERSONAS MAYORES (2017-2021): Vulnerabilities in Pandemic Key by COVID-19, August 2022.
64 Ibid.
65 UNICEF, MORE THAN ONE MILLION CHILDREN AND ADOLESCENTS ARE DEPRIVED OF A D... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Greater Buenos Aires, September 2022.
67 Ministry of Labor, Employment and Social Security, The Ministry of Labor made the minimum wage increase official, August 26, 2022.
68 Infobae, September inflation was 6.2% and accumulated 83% in the last twelve months, October 14, 2022.
32 programs and legislation that do not... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
A.
Right to Health and its Social Determinants: Pandemic 96.
REDESCA has been carrying out an exhaustive monitoring of the impacts that the COVID-19 pandemic has generated in Argentina.
Regarding the guarantee of the right to health, the Rapporteurship notes that, as of December 20, 2022, the country was going throu... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Likewise, as a result of the entry of the new Omicron variant, a record number of infections in a single day was recorded in the first months of the year, with more than 134,000 positive cases72 .
97.
Regarding the guarantee of access to vaccines and the number of doses applied, the Special Rapporteur notes that by D... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In addition, REDESCA notes that the process of vaccinating the pediatric population from 6 months to 5 years of age has begun, being one of the first countries in the region74 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
On the other hand, in a context of increasing distrust about the effectiveness of vaccines75 , REDESCA welcomes the vaccination plan carried out by the Government of the Province of Buenos Aires called "Night of Vaccines" in order to achieve a greater vaccination of those population groups that did not have the complet... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
98.
At the same time, REDESCA has followed with special attention the spread of monkeypox, declared by the World Health Organization (WHO) as an international public health emergency77 .
After the first case was detected in May78 , by November in Argentina there were 895 confirmed cases and one death79 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Likewise, this Rapporteurship is concerned about the alarming figures of Chagas disease, the main endemic disease in the country, where approximately 1,600,000 people live with the disease, that is, 20% of the world's population80 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In view of this, 15 years after its approval, the national government is welcomed the approval of the regulation of Law 26.281 for the Prevention and Control of all forms of Transmission of Chagas Disease through a multidimensional approach with a gender, intercultural and human rights perspective81 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
However, REDESCA warns that in 2021 only 5% of the available budgetary resources were executed82 , so 69 Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and on the right to non-discrimination in this context.
A/HRC/31/54.
December 2015.
70 Clarín, Se... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Information accessed on December 20, 2022.
72 Página 12, Record number of infections in Argentina: 134,439 new cases and 52 deaths were registered, January 12, 2022.
73 DatosMacro, Evolution of the coronavirus in Argentina.
Information accessed on December 20, 2022.
74 Ministry of Health, Argentina received the fir... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
75 elDiarioAR, Confidence in vaccines fell 8.8% in two years, February 03, 2022.
76 Profile, 26,702 doses were applied in the "Vaccine Night" organized by the Province, February 06, 2022.
77 UN News, WHO declares monkeypox an international health emergency, July 23, 2022.
78 La Nación, Monkeypox: first case of the v... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
80 ACIJ, World Day of Chagas disease, the main endemic disease in the country, April 14, 2022.
81 Ministry of Health, Law 26.281 on the prevention and control of all forms of transmission of Chagas disease was regulated, April 21, 2022.
82 ACIJ, Chagas: only 5% of budgetary resources were executed.
It is urgent that... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
33 it calls on the State to establish the intangibility of the funds allocated for the disease in order to avoid underexecution or significant diversion of resources, given the current context of contagions.
99.
On the other hand, as a consequence of the inflationary framework that the country is experiencing, added ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In particular, it was learned about the difficulties that cardiovascular surgeons are experiencing in accessing basic and essential supplies to perform surgeries83 .
In addition, during the second four-month period of the year, a study detected increases of up to 50% in medicines, mainly those used for hospitalization... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In this sense, REDESCA welcomes the agreement with pharmaceutical companies so that prices do not exceed the inflation indexes and the implementation of the "Caring Patients" Program which establishes a 35% discount in the price of medicines for the population without social security or prepaid85 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Notwithstanding the above, it reminds the State that access to medicines is an integral part of the right to health, and that essential medicines must be provided and prioritized in order to face diseases that present a public health risk or those priority needs for the health of the population.
100. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
100.
Regarding the guarantee of the right to health of indigenous peoples, the Office of the Special Rapporteur is dismayed by the situation of Wichí indigenous children in the province of Salta, mainly in the departments of Gran San Martin, Rivadavia and Orán, due to lack of access to health, drinking water and food. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Available information indicates that at least 7,543 children under 5 years of age living in these communities were at nutritional risk and at least 108 children would have died in 2020; 64 in 2021 and 53 in the first six months of 202286 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In this context, note is taken of the amparo action filed by the organization ACIJ before the justice system of Salta, which obliges the local government to comply with provincial law 7.856 that guarantees access to health care in native communities and to end the structural obstacles that prevent children from native ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
101.
In addition to the above, it has been recorded that the health system of the Province has maintained cultural barriers for years that hinder the medical care of indigenous communities, hindering prevention, the ability to provide informed consent and even presenting obstacles in the most critical life-threatening... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
This Office of the Special Rapporteur recalls that, in accordance with Article 10 of the Protocol of San Salvador and the American Declaration on the Rights of Indigenous Peoples - the first OAS instrument to promote and protect the rights of indigenous peoples in the Americas - States must adopt measures to meet the h... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Furthermore, indigenous peoples have the right, collectively and individually, to the enjoyment of the highest attainable standard of physical, mental and spiritual health.
In addition, they have the right to use, without discrimination, all health and medical care institutions and services accessible to the general p... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In this regard, States, in consultation and coordination with indigenous peoples, should promote intercultural systems or practices in the medical and health services provided in indigenous communities, including the training of indigenous health technicians and professionals89 .
83 Ámbito, Médicos advierten por la fa... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
85 Télam, There will be a 35% discount on medicines for the population without a prepayment or social security, July 17, 2022.
86 ACIJ, La Corte de Justicia de Salta ordenó a la Provincia mejorar el acceso a la salud para niños y niñas indígenas, July 22, 2022; Demandamos al Estado salteño por incumplir la Ley de Salu... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
87 Ibidem 88 Ibidem 89 OAS, American Declaration on the Rights of Indigenous Peoples, 2016, art.
XVII.
34 102.
Regarding the health circumstances of LGBTI people, a report was received that reports on the living conditions of the transgender, transvestite and non-binary population and the difficulties they had to fa... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
The study, among other points, reveals the impediments associated with access to hormones, inhibitors and blockers during the period of mandatory preventive social isolation (ASPO), as well as the lack of laboratory controls and periodic consultations required for hormonal monitoring in comprehensive terms, given that ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In fact, only trans and transvestite persons who had the possibility of undergoing medical check-ups and studies through their social security or prepaid health insurance, or by paying for them privately, had adequate medical care90 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In this regard, the Office of the Special Rapporteur notes that the Commission has established that gender identity is a constitutive and constituent element of the identity of persons, to that extent its recognition by States is vital to guarantee the full enjoyment of the rights of transgender persons. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
91 In this regard, the Court established that this right is derived from a harmonious interpretation of Articles 3, 7, 11.2, and 18 of the American Convention.92 In this sense, Resolution 1/2020 of the IACHR established the duty of States to provide and apply intersectional perspectives and pay special attention to the... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
93 For this reason, REDESCA calls on the State to guarantee access to health services for LGBTI people in observance of the right to equality and non-discrimination and to adopt or strengthen policies that guarantee respect for gender identity in the hospital setting and the continuity of medical services provided to t... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Likewise, in favor of guaranteeing human rights and eradicating all forms of stigma and discrimination against people living with HIV and other sexually transmitted diseases, REDESCA welcomes the approval by the National Congress of the bill on Comprehensive Response to HIV, Viral Hepatitis, other Sexually Transmitted ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Among its articles, the law prohibits the performance without consent of HIV, Hepatitis and STI diagnostic tests without the corresponding consent, both for pre-occupational examinations and during the stay in the workplace or to enter educational institutions. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In addition, it enables early retirement for those 50 years old people who have been living with HIV for 10 years and who have at least 20 years of contributions; it also grants a non-contributory pension for life for those who are in a situation of social vulnerability96 .
104. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
104.
In the area of sexual and reproductive health, REDESCA takes careful note of the persistence of obstacles in the implementation of national law 27.610, which regulates access to voluntary termination of pregnancy and postabortion care throughout the country. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
For example, it was learned about the disparity that exists between provinces in its application, as well as the defective geographical distribution of the authorized services, which are mostly located in the most important cities of each province, which makes access difficult97 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Also of concern is the situation of medical criminalization and judicial persecution of 90 CELS, Monitoring on the living conditions of the trans, transvestite and non-binary population during the covid-19 pandemic and ASPO, June 28, 2022.
91 IACHR, Report on Trans and Gender Diverse Persons and their ESCER, para.
35... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
24, para.
115 93 IACHR - REDESCA, Resolution 1/2020, Pandemic and Human Rights in the Americas, April 10, 2020.
94 IACHR - REDESCA, Resolution 1/2020, Pandemic and Human Rights in the Americas, April 10, 2020.
95 Télam, After 30 years, Argentina has a new comprehensive HIV law, June 30, 2022.
96 Ministry of Health,... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
97 elDiarioAR, Aborto legal: A dos años de la sanción de la ley su aplicación sigue siendo desareja en las provincias, 07 de noviembre de 2022.
35 health professionals who act in accordance with the law in order to guarantee the legal termination of pregnancy that was requested, as was the case of the physician Mirand... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
For its part, Amnesty International points out that in Argentina no national or local authority has carried out campaigns to provide information on access to abortion, while situations of abusive use of conscientious objection clauses, delays in public and private centers, as well as saturation of the 0800-emergency te... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
REDESCA recalls that, as established by the Inter-American Commission, States have the duty to remove all obstacles that impede women's access to maternal health, sexual health, and reproductive health services that they require, including information and education in the field of sexual and reproductive health.
These... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
105.
Regarding mental health, according to official information from the last census conducted (2019), in Argentina there are still 162 monovalent internment institutions or asylums between the public and private sector and 12,035 people interned101 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In this regard, it is noted that less than 2% of the total budget funds allocated to the health area would be allocated to mental health102 , in a clear breach of the regulatory regulation which establishes that at least 10% of the total health budget should be allocated to mental health103 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Notwithstanding the above, this Special Rapporteurship takes note and recognizes as a relevant advance the presentation by the State of the strategic guidelines for the Comprehensive Approach to Mental Health, which establishes a strengthening of mental health care throughout the country, as well as the doubling of the... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
106.
Therefore, REDESCA recalls that health is a fundamental and indispensable human right recognized in the Inter-American system for the protection of human rights, understood as a complete state of physical, mental, and social well-being, derived from a lifestyle that allows people to achieve an integral balance. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Likewise, the guarantee of mental health is a determinant for societies to be able to function properly and for people to fully develop in their life projects, since psychological and emotional wellbeing enables people to use their abilities and contribute effectively to their personal wellbeing, their environments, an... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Therefore, as mental health is an inherent component of the right to health, and its realization is intrinsically linked to the full enjoyment of human rights, REDESCA calls on the State to mobilize the maximum available resources for the implementation of plans, policies and projects that address its effective fulfill... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
This law is a fundamental tool, since it 98 CELS, Miranda Ruiz guaranteed access to legal abortion and the judiciary agreed with her, September 23, 2022.
99 Amnesty International, Annual Report 2021/22: The State of the World's Human Rights, March 2022.
100 IACHR, Violence and Discrimination against Women, Girls and ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
101 Ministry of Health, Results of the first national census of people hospitalized for mental health reasons were presented, 01 August 2019.
102 ACIJ, Argentina sin manicomios, La salud mental en datos.
Information available at: https://argentinasinmanicomios.acij.org.ar/salud-mental-en-datos/.
103 Law 26.657, Righ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
105 IACHR, Press Release No 243/2020, States of the region must adopt urgent measures towards the effective protection of mental health in the context of the pandemic and the guarantee of its universal access, October 02, 2020.
106 Infobae, The Government regulated the Front Labeling Law and companies will have to sta... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
36 ensures access to information for the population regarding the food products they consume and which may damage health and development, and simultaneously, it works as a guide in purchasing decisions.
B.
Climate Emergency and the Human Right to Water 108. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Regarding the climatic emergency, REDESCA notes with special concern the fires that occurred between January and February in different provinces of the country such as Corriente, Chaco, Misiones and Formosa107 , which led the national government to declare a fire emergency for a period of one year in order to adopt all... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
109.
In particular, the Office of the Special Rapporteur takes note of the events in the province of Corrientes where the fire affected 1,042,514 hectares, or 12% of the provincial territory109 and reached areas of extreme importance for the biodiversity of the region such as the Iberá National Park, home to the main ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
At the same time, REDESCA warns that fires were recorded in the province of Córdoba111 , as well as in the Paraná Delta area when new outbreaks were generated as a result of illegal intentional burning in the provinces of Santa Fe and Entre Ríos, reaching a total of 100,000 hectares and generating large columns of smok... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
According to the National Fire Management Service, 95% of forest fires are caused by human intervention and among the first causes is the use of fire for the preparation of grazing areas113 .
In this context, the Office of the Special Rapporteur expresses its concern and solidarity with the people affected by these fi... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
110.
On the other hand, REDESCA regrets the loss of parliamentary status of the Wetlands Law114 and is concerned about the constant delays in its treatment by the Legislative Branch.
The law represents a fundamental step by the State in the adoption of a public policy for the conservation of wetlands, which represent... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In particular, the bill establishes a minimum budget to be allocated to the conservation, protection and sustainable use of wetlands and, among other points, provides for the creation of an inventory of national wetlands, the ecological restoration of degraded areas and the creation of a national wetlands fund115 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In a context of water emergency and extended periods of drought, REDESCA urges the State to take all prevention and mitigation measures available and necessary to deal with this type of extreme events.
107 Infobae, Incendios en el litoral: además de Corrientes, el fuego golpea también a Chaco, Misiones y Formosa, 23 F... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
109 La Nación, Fires in Corrientes affected 12% of the province's territory, March 08, 2022.
110 Infobae, Fires in Corrientes: the fire consumed almost 40% of Iberá National Park, February 22, 2022.
111 Perfil, Córdoba, en llamas: los incendios amenazan a Alta Gracia y se acercan a la capital provincial, September 07... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
112 Los Angeles Times, Fire ravages 100,000 hectares of wetland in Argentina, August 19, 2022; elDiarioAR, Smoke from burning grasslands off Rosario has already reached the City of Buenos Aires, August 16, 2022.
113 Ministry of Environment and Sustainable Development, Fire Report, February 17, 2022.
114 La Capital, O... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
115 Amnesty International, #LeyDeHumedalesYA.
Information available at: https://amnistia.org.ar/landings/ley-humedales-ya/ .
37 111.
In addition to the fires, the lack of rainfall and the prolonged periods of drought that have extended throughout the national territory are of concern. | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
According to the National Drought Monitoring Board, in November a total of 140 million hectares were under such conditions, of which 7 million were severely affected, mainly in the jurisdictions with the highest agricultural and livestock productivity, such as Buenos Aires, Santa Fe and Entre Ríos116 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
The Paraná river basin was also affected by the drought period, with record low water levels, the disappearance of lagoons and a significant reduction in the flow of water for consumption and irrigation, which in turn caused a change in the environmental, economic, productive and social life of the area117 .
The same ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In relation to the human right to water, the Special Rapporteur learned of a mapping of water shortages in Argentina revealing that 41% of the population lives in cities with safe to very safe water supply, 42% in cities with somewhat compromised water supply and 17% in cities with very compromised water quality.
The ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
113.
Without detracting from the above, REDESCA notes with great concern information that reveals that in 2021, 110,180 hectares of native forest were deforested in northern Argentina - equivalent to more than five times the area of the City of Buenos Aires121 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Of the total number of hectares deforested, half occurred in the province of Santiago del Estero and more than 80% was illegally, that is, in areas where deforestation is prohibited, followed by Formosa with 29,165 hectares, Chaco with 18,068 hectares and Salta with 10,657 hectares.
For its part, during the first six ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In view of this, REDESCA took notice of the filing of a collective action against the four provincial governments for having violated national forestry regulations by carrying out land recategorizations to authorize land clearing in protected forests, authorizing selective land clearing for cattle ranching where it is ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
114.
Related to the above, REDESCA notes that climate change is one of the greatest threats to the full enjoyment and exercise of human rights of both present and future generations, to the health of ecosystems and of all species that inhabit the planet.
In this sense, climate change directly affects the right to a h... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In addition, it is important to take into account the Advisory Opinion 23/17 of the IACHR Court, which stipulates that the protection of this right not only aims to protect the interest of people on ecosystems, but also aims to protect nature and all its components for their intrinsic value.
116 Télam, In the country,... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
117 Rosario 3, Por la bajante y la sequía, laguna Garay quedó casi seca: así rescataron a las tortugas, January 12, 2022; Rosario 3, Bajante histórica: las imágenes más impactantes de la Laguna Paiva totalmente seca, January 11, 2022.
118 La Política Ambiental, Deep water crisis in Mendoza, October 05, 2022.
119 The ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
120 Infobae, Carencias hídricas en la Argentina: el 17% de los argentinos vive en ciudades con una provisión de agua "muy comprometida", 22 March 2022.
121 Greenpeace, Annual Deforestation Report 2021: Argentina lost the equivalent of 12 soccer fields per hour to deforestation, January 31, 2022.
122 Greenpeace, Prote... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Greenpeace demands "Zero Deforestation", July 15, 2022. en: https://greenpeace.org.ar/pdf/2020/Amparo.pdf?_ga=2.163517183.2136605680.1675105444-876354428.1675105444 Greenpeace.
Disponible protection Collective action filed 124 by 38 115.
Consequently, the Office of the Special Rapporteur, following the standards of R... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
3/2021125 , encourages the State of Argentina, in line with the obligations assumed within the Inter-American system, to place human rights and the adverse impact that climate change has on the enjoyment of human rights at the center of its climate negotiations and decisions, especially for the most vulnerable individu... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
In addition, REDESCA calls on the country's authorities to pay special attention to the problem and implement a series of actions aimed at guaranteeing the human right to water of the inhabitants of different regions of Argentina who need it.
116.
On the other hand, REDESCA salutes the State for the creation of the A... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
This territory is considered one of the most important sites for the conservation of birds in the center of the country and for the conservation of migratory species in South America.
REDESCA also notes that it is a territory inhabited by peasant and indigenous communities, which is why it is necessary to contemplate ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
117.
Finally, the Special Rapporteur welcomes the State of Argentina for the presentation of the Climate Change Adaptation and Mitigation Plan, as well as a strategy to achieve carbon neutrality by 2050128 , which was also presented in the framework of the COP27.
In particular, the plan seeks to align the country's o... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
REDESCA highlights its two main goals: on the one hand, mitigation, with the objective of limiting its emissions by 2030, and on the other hand, adaptation, through the adoption of measures with a human rights and gender focus129 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Without prejudice to this, in the framework of the implementation of this plan, REDESCA reminds the State of its duty to ensure transparency and participation with all interested social actors, guaranteeing that climate actions do not negatively affect the rights of people, the possibility of submitting observations by... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
C. Business and human rights 118.
In the area of business and human rights, REDESCA has followed up on the conflict surrounding the National Government's authorization of offshore seismic exploration operations for hydrocarbons in the Argentinean Sea131 . | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Regarding this issue, it takes note of the demonstrations carried out by various civil society organizations who filed an injunction and precautionary measure against the State in order to suspend these activities, stating that they would have a direct impact on the sea, biodiversity and climate132 .
For their part, n... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
Resolution 3/2021: Climate Emergency.
Scope and inter-American human rights obligations, December 31, 2021.
126 Ministry of Environment and Sustainable Development, Ansenuza National Park was created in the province of Córdoba, June 30, 2022.
127 CELS, la ley de creación del parque nacional ansenuza debe contemplar ... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
128 Ministry of Environment and Sustainable Development, Climate Action: Argentina moves forward with its national strategy 2030 to 2050 against climate change, November 01, 2022.
129 Ibid.
130 IACHR.
Resolution 3/2021: Climate Emergency.
Scope and inter-American human rights obligations, December 31, 2021.
131 Ag... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
132 Greenpeace, Organizations file amparo and injunction against approval of offshore exploration, January 13, 2022.
39 terms of energy and economic development of the country133 .
Finally, in December, the Court of Justice annulled the precautionary measure and authorized the Norwegian company Equinor to begin explo... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
119.
In this context, REDESCA recalls that, in its report on business and human rights, it has pointed out that the right to development must be sustainable, and to this end, the focus must necessarily be placed on the well-being and rights of people and communities rather than on economic statistics and merchandise13... | https://docs-lawep.s3.us-east-2.amazonaws.com/1710249502715.pdf | https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf | Paraguay |
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