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La situación de la protección de los consumidores en el mundo

Proteccion consumidores

Introducción: en el mundo. Setenta organizaciones de consumidores distribuidas en 58 países participaron, entre noviembre de 2012 y enero de 2013, en una completa encuesta global. Los resultados, que se resumen en este documento, proporcionan una pormenorizada perspectiva de la situación de la protección de los consumidores tal como está en la actualidad, e identifica también las áreas en donde se precisan con urgencia algunas mejoras.
Pueden leer el informe completo en

http://www.consumersinternational.org/media/1139747/spanish_april_summary_cp.pdf

Medidas generales de protección de los consumidores

En la legislacón de la mayoría de los países está reconocida la importancia de entregar protección a los consumidores, prestándose en el 78% de estos una ley general de Protección de los consumidores (CPA). Es inquietante sin embargo que apenas la mitad cuente con políticas nacionales de protección de los consumidores. La prevalencia de ambas medidas se vincula claramente al nivel de ingresos de cada país, y aquellos con ingresos bajos (LIC, por sus siglas en inglés) tienen menos probabilidades de tenerlas implementadas. Si bien se emplean muchos tipos de medidas ejecutivas, es notable que pese a que 91% de los países impone multas, solamente 55% de ellos exija la entrega de una indemnización.

Las necesidades legítimas de los consumidores

Las Directrices de la ONU especifican un onjunto de necesidades legítimas que los gobiernos deben incluir en el desarrollo de sus medidas de protección de los consumidores. Estas necesidades legítimas se corresponden muy estrechamente con los ocho derechos de los consumidores tal como han sido definidos por el movimiento de los consumidores, y son un crucial indicador de su protección.

El asegurar que se cumplan las necesidades básicas de los consumidores es una función esencial de su protección, y CI cosnidera que esto debería incluirse en las necesidades legítimas de la ONU.
Muchos países consagran en su constitución las necesidades básicas de los consumidores y la mayoría de ellos tienen implementada una legislación. Sin embargo, muchas organizaciones miembros de CI consideran q dichas leyes son poco eficaces. Este enfoque declaratorio es más habitual en los países de ingrsos bajos (LIC) y medios (MIC). Se trata, en lo histórico, de un enfoque relativamente nuevo, ya que la mayoría de los países de ingresos altos (HIC) han logrado niveles elevados de acceso sin necesidad de llegar a compromisos constitucionales. Los países de regiones con niveles bajos de accesos a los servicios esenciales también son más propensos a aplicar el control de precios a los alimentos, a la energía y al transporte, aunque, una vez mas, con dudosos resultados.

La mayoría de los países ha aplicado una serie de mecanismos para garantizar la salud y seguridad de los consumidores, entre las que se incluyen las prohibiciones de productos pocos seguros, y las instituciones e inspecciones regulatorias, si bien esto tiene menor incidencia en los países de ingresos bajos.

El acceso es esencial para los consumidores. No obstante, pese a las difundidas normativas sobre publicidad y etiquetado, las organizaciones miembros de CI han destacado una importante cantidad de vacíos, en especial en los países de bajos ingresos. También faltan medidas para permitir la promoción de patrones de consumo sustentable, siendo menor al 30% los gobiernos que respaldan las decisiones de los consumidores basadas en la ética y apenas el 50% los países que exigen que se revele el consumo energético de los electrodomésticos.

La promoción y protección de los intereses económicos de los consumidores a través de medidas tales como la regulación de los pesos y medidas está cubierta de mejor manera, pese a que la existncia de una legislación sobre competencia varía en las diversas regiones.

La educación del consumidor, y la disponibilidad de una compensación efectiva son las dos medidas que las organizaciones miembros de CI consideran que pueden fortalecer la protección de los consumidores. Sin embargo, en estas dos áreas, son las organizaciones de consumidores las que llenan el vacío ahí donde los gobiernos no están cumpliendo. Las organizaciones miembros de CI muy activas en cuanto a compensación de los consumidores, por ejemplo, siendo también bastante críticas de los canales oficiales que están disponibles para los consumidores. Los grupos de consumidores están además superandoa los gobiernos en materia de eduación de los consumidores, algo que se forma oficialmente en apenas la mitad de los países que entraron en el estudio.

Los gobiernos se desempeñan mejor ofreciendo la posibilidad de que las organizaciones de consumidores planteen sus opiniones sobre los procesos de toma de decisiones, y la mayor parte de las organizaciones miembros de CI informaron haber sido consultadas en la elbaoración de legislación y programas.

Estrategias de protección de los consumidores en relación con áreas específicas

El estudio de CI analizó en forma pormenorizada la protección de los consumidores en una serie de áreas específicas que incluyen los servicios financieros, la atención médica y la tecnología informática y de comunicaciones. Los resultados demuestran que la protección de los consumidores no ha evolucionado en forma pareja en los diferentes sectores.

Casi todo los países cuentan con una variedad de medidas y de estructuras institucionales para garantizar la protección del consumidor de servicios financieros. Sin embargo, este sigue siendo un problrma prioritario para las organizaciones miembros de CI en todo el mundo, lo que indica qu las estrategias que se aplican en la actualidad no cumplen su propósito. La mayoría de los países en todas las regiones también ha tomado medidas para proteger a los consumidores en cuanto a atención médica.
Resulta interesante que mientras los países de bajos ingresos tienden más a proporcionar medicamentos genéricos y a contar con políticas nacionales que aplican a fármacos, estos tienen menos posibilidades de tomar medidas contra su falsificación. La propiedad intelectual juega aquí un importante papel, así como también lo juega en materia de tecnologías informáticas y de comunicaciones (TIC), un área en la que en muchos países las medidas de protección de los consumidores sigue escasamente desarrollada, y en la que los legisladores deben esforzarse por mantener el ritmo de las innovaciones técnicas.

El movimiento de los derechos de los consumidores

Las organizaciones de consumidores de todo el mundo desempeñan un importante papel en la protección de los consumidores y desarrollan un amplio abanico de actividades que abarcan desde las campañas de sensibilización hasta la representación legal de los consumidores. Las organizaciones miembros de CI que respondieron a esta encuesta mencionaron la educación de los consumidores, la realización de campañas y la gestión de reclamos como sus principales áreas de actividad. Las organizaciones miembros de CI destacan lo importante que es el respaldo de los gobiernos en el trabajo que realizan. Sin embargo, este estudio concluye que no todos los gobiernos cumplen con sus obligaciones legales de financiar el trabajo de las organizaciones de consumidores.

Los asuntos marcados como prioritarios por las organizaciones miembros de CI conforman otro importante factor a tomar en cuenta en toda la evalcuación que se realice sobre la situación de la protección de los consumidores. Los alimentos (su seguridad e inocuidad), los servicios financieros y la energía son los temas de mayor preocupación para las organizaciones encuestadas, si bien la atención médica, la tecnología informática y de comunicaciones y los temas medioambientales también se presentan en forma destacada. Al preguntar sobre los problemas claves que enfretanrán los consumidores durante los próximos tres a cinco años, las organizaciones miembros de CI presentaron un similar sonjunto de problemas, cobrando preeminencia los temas de inocuidad alimentaria, servicios públicos y atención médica entre los mencionados. Los resultados demuestran además, claramente, que los problemas de los consumidores no pueden desglosarse entre los pertenecientes a países desarrollados y a paísesen vías de desarrollo.

Conlcusiones

  • Las medidas legales de protección de los consumidores son cada vez más difundidas, pero es frecuente que su implementación sea débil.
  • Los gobiernos se esfuerzan por mantener el ritmo de la evolución tecnológica, pero los mayores problemas siguen residiendo en las áeras tradiconales, como la de los servicios financieros.
  • Las organizaciones de consumidores desempeñan un importante papel en la protección de estos, y si bien esto es largo reconocido por los gobiernos, estos suelen ofrecerles un respaldo escaso o nulo.

Este estudio nos proporciona un valioso cuadro de la situación de los consumidores en todo el mundo. Si bien es claro que se ha progresado desde la implementación de las Directrices de la ONU en 1985, sigue existiendo una serie de vacíos en la protección d elos consumidores, en particular lo que dice en relación con la evolución económica y tecnológica en ciertas áreas.

Los resultados destacan también muchos de los asuntos que CI seguirá abordando en sus programas, los que cubren en la actualidad la justicia y protección para los consumidores, los derechos digitales, la seguridad alimentaria y los servicios financieros.

Si desean informarse más sobre los programas de CI, visiten www.consumersinternational.org/ourwork

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