Gender, Environment, and a Law That Bears a Name.

Collab: Dr. Mariela Adriana Fortunato, Attorney (University of Buenos Aires) Legal Advisor to SENASA (National Agri-Food Health and Quality Service of Argentina), Professor of Legal Sciences, Master’s Candidate in Gender, Society, and Public Policies (Latin American Faculty of Social Sciences – FLACSO), Specialist in Family Law, and Certified in Public Law Practice (State Attorney Training Program).

The initiatives known as "Anti-Shein Laws" aimed at regulating the ultra-fast fashion production model, seek to control the massive influx of imported garments from China in order to protect the local textile industry, preserve jobs, and mitigate environmental impacts. Inspired by regulations adopted in France, these proposals include measures such as increased tariffs, quality controls, toxicity assessments, and environmental sustainability requirements.

The Apparel Chambers of Argentina, Brazil, and Mexico are promoting these regulations in response to unfair competition from digital platforms such as Shein and Temu, whose products enter at very low prices and without complying with the controls faced by the local industry. A regulatory framework is proposed that imposes “the same requirements on imported clothing, including environmental and health standards, to protect thousands of jobs in a sector that has experienced significant declines in sales and employment in recent years” (Infobae, 2025; TN, 2025).

This phenomenon presents a complex framework of rights, particularly within the Argentine legal system. The right to adequate clothing, although not explicitly mentioned in the National Constitution, is encompassed within the right to dignified living conditions (Articles 14 bis and 33, Argentine National Constitution). Adequate clothing satisfies basic needs for protection, identity, and social participation, all fundamental to human dignity. At the international level, this right is recognized in the Universal Declaration of Human Rights (United Nations, 1948, Article 25) and the International Covenant on Economic, Social and Cultural Rights (United Nations, 1966, Article 11), both holding constitutional rank in Argentina (Article 75, clause 22, Argentine National Constitution).

Likewise, the rights of users and consumers, guaranteed in Articles 14 and 42 of the Argentina National Constitution, must be taken into account in any regulation of these commercial activities.

In parallel, the protection of commercial loyalty is enshrined in the Commercial Loyalty Law (Emergency Decree N° 274/2019), while the protection of the national industry is established in Article 75, Clause 18 of the Argentine National Constitution, which empowers Argentine Congress to legislate for the general welfare and prosperity.

These regulations are fundamental to ensuring a fair market that protects local producers and consumers against unfair commercial practices, low-quality products, or those manufactured under questionable labor and environmental conditions, thereby promoting more conscious and sustainable consumption choices (Supreme Court of Justice of the Argentine Nation, 1986; 2010).

While current initiatives primarily focus on industrial protection, there are two critical perspectives that have not been sufficiently considered: environmental care and gender perspective.

Article 41 of the Argentine National Constitution recognizes the right to a healthy environment, imposing on the State and individuals the duty to preserve it for present and future generations. This right is not only a good in itself but also a prerequisite for the exercise of other fundamental rights.

The jurisprudence of the Supreme Court of Justice of the Nation has reaffirmed its binding nature, establishing concrete State obligations in damage prevention, environmental remediation, and citizen participation (Supreme Court of Justice of the Argentine Nation, 1986; 2010). The national legal framework (complemented by provincial regulations) establishes a joint and federal action to promote sustainability (Ministry of Environment and Sustainable Development, 2024).

Article 75 clause 22 of the Argentine National Constitution grants constitutional hierarchy to various international human rights treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Belém do Pará Convention, along with national laws like Law N° 26.485 on violence against women. This framework commits the State to incorporate a gender perspective in all its public policies.

Production for brands like Shein is characterized by the massive participation of women, many of them migrants, who face exhausting workdays, piece-rate wages, and working conditions that often violate current legislation, particularly in Asian countries. This situation highlights a strong gender impact, with lack of labor protection, informality, and an overload of unpaid domestic work.

Despite this, the Anti-Shein laws do not incorporate specific measures to improve working conditions in the global supply chain nor assess the potential impact these regulations could have on local female employment. This omission limits their scope and deepens inequality.

From a Gender and Human Rights perspective, these policies should promote:

• Effective labor guarantees for women throughout the entire production chain, both locally and internationally.

• Work-life balance measures, with an emphasis on migrant women workers.

• Training and reconversion policies to minimize the impact on local female employment.

• Monitoring and transparency mechanisms regarding labor conditions in fast fashion supplier factories.

The State has a non-delegable role in ensuring fair competition, supervising imports, sanctioning unfair commercial practices, and protecting labor and environmental rights. Additionally, it must promote a sustainable local textile industry by supporting technological innovation, ethical production, and consumer access to safe and quality products. Coordination among the national government, provinces, and civil society is key to designing public policies that achieve a balance between economic development, social equity, and environmental sustainability, in accordance with the constitutional mandate (CIAI, 2025; Ministry of Environment, 2024).

Only through an integrated approach—recognizing the environment as the foundation for the exercise of other rights and incorporating a gender perspective—will it be possible to build effective public policies in response to the rise of ultra-fast fashion. This phenomenon not only challenges the industrial sector and consumers but also demands an active commitment from the State to promote equality, sustainability, and respect for fundamental rights #ForABetterWorld

References:

• Argentine Chamber of Apparel (CIAI). (2025). For an Anti-Shein Law to Protect the Local Industry. Retrieved from: https://www.perfil.com/noticias/economia/la-industria-textil-impulsa-una-ley-anti-shein-para-controlar-las-importaciones-masivas.phtml

• National Congress of Argentina. (1994). Constitution of the Argentine Nation, Articles 14 bis, 17, 33, 41, and 75. Retrieved from: https://www.congreso.gob.ar/constitucion-nacional

• Supreme Court of Justice of the Argentine Nation. (1986). Judgment 329:2316 Mendoza and others.

• Supreme Court of Justice of the Argentine Nation. (2010). Judgment 339:142 Cruz and others.

• Commercial Loyalty Law: https://www.boletinoficial.gob.ar/detalleAviso/primera/205888/20190422

• Ministry of Environment and Sustainable Development. (2024). General Environmental Law No. 25,675. Buenos Aires, Argentina.

• United Nations. (1948). Universal Declaration of Human Rights, Article 25. Retrieved from: https://www.un.org/en/about-us/universal-declaration-of-human-rights

• United Nations. (1966). International Covenant on Economic, Social and Cultural Rights, Article 11. Retrieved from: https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx

• Sternik, I. (2025, August 15). Regulation is in Fashion: The Case of the Anti-Shein Law and the Discussion That... Página|12. Retrieved from: https://www.pagina12.com.ar/853029-esta-de-moda-regular-el-caso-de-la-ley-anti-shein-y-la-disco