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Bicentennial Essay: history as infamous lie
The constitutional José Miguel Onaindia this text criticizes the biased view of history that dominates the official interpretation of the Bicentennial. In particular, questions the widespread notion that Centennial did not exist in social legislation. He states that respect for the historical account allows plural thinking and is a form of respect for cultural diversity, which is the sign of contemporary democracies.
By José Miguel Onaindia * - Posted on 14.08.2010 in Perfil.com
In the skewed version of history the ruling realiza para celebrar el Bicentenario, se omitieron datos y afirmaron hechos erróneos que alteran el pasado e impiden una interpretación plural de lo sucedido en nuestra patria. Un hecho histórico puede comprenderse de diferentes formas y permite la construcción de un relato diverso. Pero la negación de un hecho, o su omisión, sólo conduce a conclusiones que deforman la memoria y sustentan un pensamiento único y pueril.
Entre los numerosos secretos y mentiras que se usaron para narrar nuestra historia, en palabras e imágenes, se afirmó que en el Centenario no existían leyes sociales. El dato es falso y omite acontecimientos que favorecen una versión parcial de la historia y simplifican su interpretación. This is because, besides not know how it came national organization and the ideas that gave sustenance, such as Jean Jacques Rousseau claims when, in the Discourse on Inequality Among Men (1795), suggested that equal reflect not only the recognition of individual rights but also in the use and enjoyment of property by an equal distribution of goods, "denies specific legislative acts were enacted prior to the Centennial celebration and the rise of Peronism.
The ideological underpinnings of social constitutionalism and social thinking that underlies it was present in Argentina since the beginning of the national organization. The historical constitution clauses contained progressive and ahead of their time that allowed the development of a profusion of social legislation and case law that accepted the common good as a limit on the exercise of individual rights, especially those of financial content. That inspired thinkers devoted their reflection on social issues. Just remember that Stephen Etcheverría essential writer of the generation of '37, gave the title to one of his major works socialist dogma.
The original text of our letter we find the legal basis for these measures and a conception of the role of the state much more active than the "police state" in vogue at that time. I can not fail to note the wording of Article 67 then inc. 18, clause called the "prosperity and progress", the wording has remained intact after the 1994 reform. This clause contains a number of activities that the national government should encourage and which are concurrent with the provinces, since they can complement them within their territories. Are included in this subsection a number of standards that matter to the enforcement of the common good and the action of the State in all areas that justify their existence. These objectives are closely related to the purposes set forth State in the preamble to our Constitution.
Based on the contents of this subsection, that directs the National Congress to provide the pertinent "... the progress of enlightenment, teaching plans and university general education", Argentina, under the leadership of Sarmiento, implemented its transformative revolutionary weapon: the public school system. The 1420 law imposed being free, secular and compulsory education system and the norms, institutions and events that complement it allowed our country to create the instrument that would give unique personality in the international community and enable it to successfully fight poverty and social inequality.
not ignore this system is honest on an analysis of social developments in our country, because the reduction of illiteracy, social mobility involved, and the integration of immigrants and natives derived from its implementation, were the indispensable basis for dictates of social legislation and the progress of the case from the early twentieth century. Neither can be ignored, for its impact on the organization plural society, the enactment of the Civil Marriage Act (Act 2393) removed to the Catholic Church the registration of marriages and created an institution that allowed the right to marry and form a family of diverse people faiths or no religion, a forerunner of the recently enacted equal marriage.
Before the inclusion of social clauses in the Constitution, which occurs in the reform of 1949, our country has developed a social legislation which in some cases (accidents at work, working hours, compensation for unfair dismissal) was in force for several decades. If we set the starting point of this legislation Protectoria work in dependency ratio in 1905 with the enactment of the law of "weekly rest"-Sunday-(4611 Act), an initiative of Socialist deputy Alfredo Palacios, we note that our country forward in this regard to many nations, and allowed the adequacy of the rule of law to social needs and the most advanced ideas immigrant groups brought to our country. Socialists, anarchists, radical, democratic and progressive, feminist and other political groups displayed their action to ensure that the State meet its requirements. At this point I think it is fair to emphasize again the flexibility of the text of 1853-60, which, through specific provisions and the spirit that inspired it, harbored no great legal conflicts this development, since its own regulations (art. 33) devoted the implied rights "... but that arise from the principle of sovereignty the people and the republican form of government. "
For the centennial celebration also had enacted the 5291 law, which regulated the work of women and children, then reformed by law 11,317 of 1924, and had established a National Labour Department so that from the administration were met problems arising from the work definitively established in 1912. In 1904 he was sent to Congress the first draft Labour Code was drafted in our country and whose author was Joaquín V. González. Then, just for the government of Arturo Illia, another project was developed comprehensive but it did not get parliamentary treatment, although the art. 14 bis ordered the issuance of the Code of Labour and Social Security between fund codes, even devoid of sanction and draft. Nor was absent
legislation social security, because in 1886 the law is punishable 1909 which establishes teacher retirement in 1887 with the 2219 law establishing a scheme for staff of the Civil Service in 1904 by 4349 law establishing the National Retirement Fund for Public Officials, Employees and agents of the Civil Administration. The awareness of the imperative to meet the needs of those who should, for reasons of age, leave their jobs, was present even decades its universal reach later.
If we think of cultural rights, the law 4,195 of 1903 established the abolition of stage censorship, in fact paradoxical because after the first coup in 1930, with special emphasis, since the coup of 1943, consolidating a system of censorship of publications and events which is an elliptical narrative description of authoritarianism in Argentina.
But not only laws but also case law which recognizes this evolution, he recognized the constitutionality of regulations restricting the right of ownership and limited his exercise for reasons of public interest. The Supreme Court declared the National 11,157 constitutionality of the law, which froze rents of urban land for housing, commerce or industry, because he interpreted it, being the interest of the majority of the population, "... not only conditions of humanity and social justice which they claim his speech, but also its direct interest, since it is elementary that a distressing situation as many have to negatively affect the general economy, given the logic linking all the material interests "(case" Ercolano "of April 28, 1922 .)
The existence of these laws and legal criteria are a fact undeniable. His performance can be multiple and the admission of its existence does not mean, as in my personal assessment, make a eulogy or even a commitment to that historic period, but the omission of such acts constitute a serious distortion of the past because it violates human rights institutions fundamental as the right to learn and think without interpretations developed and imposed by those wielding state power.
In 1962, director William Wyler was the second time the film adaptation of a play by Lillian Hellman (The Children's Hour), which translated into our language, arbitrary in the literal but accurate in substance- was the infamous lie. The film tells the story of the destruction of two honest teachers and educational project by the lie of a student resentful. The individual drama produced by the distortion of reality is comparable to more serious consequences in a community. When the highest authorities of the country and those who collaborate in reconstructing the past and hide know what happened, either through ignorance or deliberate choice, also incur an infamous lie (which has no honor, "according to the dictionary) for their effects. Respecting the historical narrative is a form of respect for cultural diversity, which is the sign of contemporary democracies. Its negation, the impossibility of a plural and complex thought. The results already know. As Albert Camus said, "when intelligence goes out, starts the night of dictatorship."
* Constitutionalist. President of the International Foundation Argentina.
Source: Bicentenary history as infamous lie, Jose Miguel Onaindia - Perfil.com - 08/14/1910
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