valobasha99
Doczy: 03 Gru 2023 Posty: 1
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Gender perspective. New Guiding Principle of Water Policy in |
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The Argentine Republic, through the Ordinary Assembly of the Federal Water Council (COHIFE), gathering the consensual will of all the provinces and the Nation, agreed to expressly incorporate the Gender Perspective in the Integrated Management of Water Resources (IWRM) by approving a new Guiding Principle of Water Policy (PRPH), number 50.
The PRPHs aim to provide guidelines that allow the integration of technical, social, economic, legal, institutional and environmental aspects of water into modern water resources management.
The Guiding Principles of Water Policy. A little history
In December 2002, taking into account the federal structure of the Argentine State, the autonomous provinces and the Nation, in exercise of the so-called concurrent powers and in application of the principles of cooperation and consultation, they began an arduous process of seeking consensus for the drafting and approval of principles for the management of water resources that are provincial domain as determined by the National Constitution.
At the "First National Meeting on Water Policy", the first document of Guiding Principles of Water Policy (PRPH) was signed, in addition to Special Data agreeing on the creation of a Federal Water Council (COHIFE) , which was in charge of the last stage. review of the document on the PRPH, whose final version with a total of 49 principles was signed by representatives of the water areas of 23 provinces and by the representative of the Nation on September 17, 2003.
These principles respect the historical roots of each jurisdiction and reconcile local, regional and national interests, providing the country with an explicit public policy with the status of State policy, in the sense of being based on a consensus that ensures its continuity.
Institutionalization, as a source of law of the maxims expressed in the PRPH, has been strengthened by the aforementioned formation of COHIFE, a public law body constituted intrafederally, whose mission is to formulate and coordinate the Federal Water Policy.
In this context, then, the PRPH not only demonstrate a technical-political consensus on the good rules of the government on the matter, but also present themselves as a source - of a political nature - that guides the normative content of provincial legislation towards the objectives of the federal water policy that has been agreed between the jurisdictions that make up the Argentine federal regime.
These principles have been introduced into the internal law of the provinces through approving instruments that they have issued, thereby positivizing in provincial law the strong idea that each of these political principles contains.
Today the PRPH are milestones that cannot be overlooked when reasoning legally. They are then presented as evident foundations in the matter, the starting point and the cause of the work that is promoted de lege ferenda ; but also, and from their general and abstract content, in the face of legal insufficiency they reflect the standards that must be observed to interpret the current law or complete and integrate its gaps.
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