Social Policies and Human Rights at a Local Level

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Social Policies and Human Rights at a Local Level Social Policies and Human Rights at a local level Progress state assessment in Rosario City in 2017 Ombudsman Office of Santa Fe Province Original title: Políticas sociales y derechos humanos a nivel local. Evaluación del estado de avance en Rosario en 2017; Hugo Quiroga General Coordination – 1st Edition – Rosario City: Ombudsman Office of Santa Fe Province, 2019. 312 pp. + Maps; 30 x 21 cm. ISBN pending © Ombudsman Office of Santa Fe Province Santa Fe, Argentina, 2019. Deposit made according to Law 11723. All rights reserved. Eva Perón 2726 (3000) Santa Fe (0342) 4573904 – 4573374 http://www.defensoriasantafe.gob.ar/ TranslaTion from spanish Carolina Rosa y Santiago Biei Technical review Sheila Weksler DesiGn anD DiaGRAMMING / [email protected] Printed in Argentina Authorities Ombudsman Office of Santa Fe Province Dr. Raúl Lamberto ombuDsman Rosario National University Dr. Héctor Floriani recTor Social Policies and Human Rights Assessment Team General coorDinaTor Dr. Hugo Quiroga acaDemic coorDinaTor Dr. Silvia Levín Team coorDinaTor MA. María Alejandra Ingaramo MA. María Angélica Pignatta BA. Verónica Crescini fielDwork Team·· BA. Luciana Araya (Poverty) BA. Florencia Brizuela (Housing and Services) BA. Silvina Boschetti (Gender Violence) Lawyer María Susana Di Renzo (Old Age) Lawyer Geraldina Gahn (Disability) ·· Architect Gisel Levit was part of the Field Work Team in the area BA. Josefina Marc (Poverty associate) of Housing and Services during Architect Gisel Levit (Housing and Services associate) the period April – September 2017. ! noTe The text aims to stick to non–sexist language. However, to make reading easier, no specific resources were used («/» or «@») and masculine gender was used only in unavoidable cases TC Table on contents 7 | Institutional forewords 13 | Acknowledgments 15 | Introduction 19 | Chapter 1. Rosario City: socio–economic and political context 25 | Chapter 2. Before and after the Rights Approach: conceptualization and questioning 43 | Chapter 3. The assessment backroom: work process and methodological framework 61 | Chapter 4. Territorial map of social policies implemented in Rosario City in 2017: description and georeferencing 65 | 4.1. Poverty 105 | 4.2. Old Age 133 | 4.3. Disability 159 | 4.4. Gender Violence 195 | 4.5. Housing and Services 209 | 4.6. Georeferencing 231 | Chapter 5. The fabric of social policies: approximations to the Rights Approach 267 | Chapter 6. Findings and suggestions for decision–making 275 | General bibliography 297 | Annexes 6 | social policies and human rights at a local level Foreword by the Director of the Ombudsman Office of Santa Fe Province The Ombudsman Office of Santa Fe Province was founded more than twenty–five years ago, and since then it has progressively stressed the social profile of its ac- tivities. At the time of its creation, the increasing growth of State interventions in ordinary life had made insufficient the usual appeal to administrative law and, con- sequently, it became necessary to create new organizations, more accessible and ef- fective, to enforce the protection of citizen rights. The Ombudsman Office was thus established with the paramount task of protecting rights and interests of individuals and the community as a whole, against actions, deeds and omissions from the Prov- ince public administration and its agents, whenever they implied a discriminatory, abusive, irregular or arbitrary exercise of action. There was no intention of replacing the existing control bodies; in fact, the idea was to add a new institutional device to widen —through suggestions, recommendations, advice and reports— the State’s ability to tackle the problems of the people. Today, the Ombudsman Office has become much more than a simple additional control mechanism of the actions of the Province public administration. Certainly, it has been transformed into a decentralized organization, independent from the State of Santa Fe —and its government—, equipped with functional and financial autono- my. It does not receive instructions of any kind, and it takes on extra faculties of con- trol. The office functions have been widened and specialized, as a consequence of the diversification of citizen demands and the acknowledgment of new rights, leading in some cases to institutional transformation —namely, new areas of attention, such as the creation of the first mediation center in the Province, the first center of vic- tim and witness assistance, and the Ombudsman Office of Children and Adolescents. Meanwhile, the services provided by the area of aid and assistance to citizens have also been extended and specialized. All this concerns the activities of direct attention, from the Ombudsman Office, to the different problems and requests posed individu- ally or collectively by citizens. social policies and human rights at a local level | 7 That said, during the conference Habitat III —focused on Housing and Sustainable Urban Development and held by the United Nations—, which took place in Quito, from October 17th to the 20th, 2016, with the participation of more than 70 countries, all Ombudsman Offices in Latin America took on the responsibility to act as overseers of their respective governments, in order to assess the degree of development of the institutional devices adopted at the national, provincial or municipal level, and ori- ented to comply with the goals of the New Agenda, each within its own jurisdiction. The main goal is «leaving no one behind», that is, putting an end to poverty in all forms and dimensions, and putting an end to extreme poverty; guaranteeing equality as regards rights and opportunities, while protecting social, economic and cultural diversity, and promoting integration to urban spaces; improving living conditions, education, food safety and nutrition, health and well–being. Other proposals include the development of sustainable and inclusive urban economies, reaping the benefits derived from properly planned urbanizations. Also, guaranteeing environmental sus- tainability, encouraging the use of non–polluting energy and promoting sustainable uses of soil and resources within urban development, protecting ecosystems and bio- diversity. This essential work program intersects with the tenets of the overarching collective mandate proposed by the Agenda 2030, selected by a resolution of the UN in September 2015, whereby the participating states manifest their agreement to put an end to world poverty and hunger by 2030, to fighting inequalities within their own coun- tries and between different countries, to building pacific, fair and inclusive societies, to pro- tecting human rights and to promoting gender equality and the empowerment of women and girls, and to guaranteeing the lasting safekeeping of the Earth and its natural resources. As regards this outline, the UN has stated in several occasions that local administra- tions are perhaps best suited to link the global goals with each community and, along the same lines, the participation and the leading role that local human rights organi- zations —such as the Ombudsman Offices— are required to perform in order to fulfill the goals of the Agenda 2030. This is the commitment undertook by our Ombudsman Offices, and it is also the origin of the research works that we present in this book. The metropolitan area of Rosario has acquired such a degree of density and com- plexity in its social and urban development that it seemed only fitting to use it as the scenario of this first experience of scientific and social assessment of public policies related to human rights. Certainly the environment of analysis of human rights can appear to be practically incomprehensible. The main undertakers of this thrilling academic adventure have decided to select, for the purposes of analysis, a series of problems which, from our point of view, could serve as crucial indicators of the state of human rights in our Province. These topics are: poverty, disability, old age, gender violence, housing and services. 8 | social policies and human rights at a local level I leave for the end —much like it occurs in conceptismo sonnets from the Spanish Golden Age, which left for the last verse the composition’s semantic key— the ac- knowledgment of those who made possible the work we present today: the Rector of Rosario National University, Dr. Héctor Floriani, who immediately grasped the impor- tance of this initiative and graced us with his support, knowledge and diligence, and of course, the group of young researchers of Rosario National University, led by Dr. Hugo Quiroga and Dr. Silvia Levin, the authors of the book. To them, our recognition and deepest thanks for their commitment and the outstanding work accomplished. Dr. Raúl Lamberto social policies and human rights at a local level | 9 10 | social policies and human rights at a local level Foreword by the Rector of Rosario National University The book that you hold now is an account of the results of a Cooperation Agree- ment between Rosario National University and the Ombudsman Office of Santa Fe Province, on March 2017. In this Agreement, the University and the Ombudsman Office decided to coordinate actions intended to develop scientific, technical or- re search plans or programs, or other activities of mutual interest, in a cooperative way. In particular, we set the goal of analyzing the advancement of public social policies from the point of view of human rights, because enabling and guaranteeing this is a State prerogative. We believe that this intent has now a double political relevance. First, with this decision, an inter–institutional relationship is formalized, between a scientific and academic institution and a comptroller organization, whose role is to supervise the governing bodies and to protect the community’s rights and interests. The purpose of establishing this relationship is to use specialist knowledge in the creation of effective assets for public action. Second, it is a remarkable occurrence that the University and the Ombudsman Office associate to lead, hand in hand, an assessment of the prog- ress status of social policies implemented in Rosario in 2017, within the framework of human rights.
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