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58 judgments found.


K., C. N. v. OSECAC

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: K. 12. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights protection (amparo protection) against the Health Insurance of Commerce and Civil Activities Employees (Obra Social de los Empleados de Comercio y Actividades Civiles – OSECAC) to condemn coverage of all expenditures that could arise from reproductive assisted therapy in the egg donation process. The First …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, Health funding, Health insurance, Health regulation
Download Judgment: Spanish

B., A. S. et al. v. DIBA

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 280. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Social Security and Health Office of the Navy [DIBA – Dirección de Salud y Acción Social de la Armada] to condemn coverage for all expenditures that could arise from a reproductive assisted treatment in the PROAR Medical Institute, limiting the …Read more

Tags: Access to health care, Access to treatment, Assisted reproductive technology, sexual and reproductive rights
Download Judgment: Spanish

V., C. G. v. I. A. P. O. S.

Country: Argentina
Year: 2014
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 118. XLIX.
Health Topics: Health care and health services, Health systems and financing, Sexual and reproductive health
Human Rights: Right to family life, Right to health, Right to life, Right to social security
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the IAPOS (Instituto Autárquico Provincial de Obras Sociales) to provide coverage for all expenditures that could arise from a reproductive assisted treatment and to cover the amounts paid for such treatment. The First Instance Civil and Commercial Court granted the amparo protection. …Read more

Tags: Access to health care, Access to medicines, Access to treatment, Assisted reproductive technology, Health regulation, Health spending, Pregnancy
Download Judgment: Spanish

Mr. X v. Argentina

Country: Argentina
Year: 2014
Court: Committee on the Rights of Persons with Disabilities
Citation: Communication No. 8/2012
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Prisons
Human Rights: Right to liberty and security of person
Facts:

This case involves a claimant that repeatedly requested house arrest due to disability, but was denied house arrest and held in a prison he claims lacks the infrastructure necessary to maintain his right to health and dignity. Claimant was being held in pretrial detention at a prison complex. With authorization of the court, he underwent …Read more

Tags: Access to health care, Access to treatment, Disabled, Emergency care, Examination, Imprisonment, Inhuman treatment, Neurological diseases, Physically challenged, Prison conditions
Download Judgment: English

F., A. L. s/ Medida Autosatisfactiva

Country: Argentina
Year: 2012
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Expte. Nº 21.912-F-2010
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to family life, Right to health
Facts:

A fifteen-year old teenager became pregnant as a result of being sexually abused by her stepfather. In the eight week of pregnancy, through her legal representative, she asked the judiciary to order doctors of a public hospital to perform her abortion. She based her claim on article 86. 2 of the National Criminal Code (the “Criminal …Read more

Tags: Abortion, Access to health care, Assault, Children, Domestic abuse, Domestic violence, Health care professionals, Health care workers, Judicial bypass, Public hospital, Rape, Sexual abuse, Sexual assault, Sexual violence, Termination of pregnancy, Therapeutic abortion
Download Judgment: Spanish

Baldivieso, César Alejandro s/ causa n° 4733

Country: Argentina
Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 436. XL.
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals
Human Rights: Right to bodily integrity, Right to life, Right to privacy
Facts:

The plaintiff, Cesar Alejandro Baldivieso, felt sick and so he went to a public hospital were doctors found that he had ingested capsules containing cocaine. The doctors passed along this information to police officers working at the hospital. As a result of this disclosure, Baldivieso was prosecuted and found guilty of drug trafficking by the Federal …Read more

Tags: Access to health care, Cocaine, Confidentiality, Disclosure, Drug enforcement, Drug use, Health care professionals, Law enforcement, Non-disclosure, Notification, Police, Public hospitals, Secrecy
Download Judgment: Spanish

N. R. F. s/ abuso sexual s/ incidente solicitud interrupción embarazo s/apelaciones

Country: Argentina
Year: 2010
Court: Criminal Court of Appeal [Cámara Primera en lo Criminal]
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Hospitals, Medical malpractice, Sexual and reproductive health, Violence
Human Rights: Right to health
Facts:

A girl allegedly raped claimed for abortion under the art. 86 (2) of the Criminal Code of Argentina, which excluded women from criminal liability when they have been raped and they were mentally disabled.  The girl had no disabilities. The First Instance Court authorized the abortion and, fifteen minutes later, gave notice to mass media. …Read more

Tags: Abortion, Access to treatment, Criminalization, Maternal health, Minor, Pregnancy, Rape, Sexual assault, Termination of pregnancy
Download Judgment: Spanish

Torrillo, Atilio Amadeo et al. v. Gulf Oil Argentina S.A. et al.

Country: Argentina
Year: 2009
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: T. 205. XLIV.
Health Topics: Health systems and financing, Occupational health
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to favorable working conditions, Right to health
Facts:

The Plaintiffs, parents of a worker who died in a fire at his workplace, sued their son´s employer for damages. They alleged that the employer had not implemented appropriate measures to deal with situations of emergency such as the fire that caused their son’s death. The lower court accepted the claim of the Plaintiffs, awarding …Read more

Tags: Health insurance, Health regulation, Job safety, Occupational accident, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English Spanish

Sureda, Lucas v. Obra Social del Poder Judicial de la Nación

Country: Argentina
Year: 2009
Court: Supreme Court of Justice [Corte Suprema de Justica de la Nación Argentina]
Citation: L. XLIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
Facts:

Lucas Marino Sureda, a patient who suffered from multiple sclerosis, brought this case against the Health Insurance of the Judiciary to pay for an experimental T-Cell vaccine therapy. The patient claimed that he had been under an approved treatment since 1996 and it has caused his condition to worsen. The plaintiff went to the Regina …Read more

Tags: Health insurance, Right to Health, Right to Life
Download Judgment: Spanish

Núñez de Zanetti, Mónica Viviana v. Famyl S.A. Salud para la Familia

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 9/9/2008, "Núñez de Zanetti, Mónica c/ Famyl Salud s/ Amparo", (N. 289, L. XLIII)(Arg.)
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Medicines, Sexual and reproductive health
Human Rights: Right to health, Right to life
Facts:

Mónica Núñez de Zanetti requested that the prepaid medical care company, Famyl S. A., pay for her parenteral nutrition, a life-saving diet she required as a result of a chronic small bowel resection she suffered. Famyl S.A. contended that it was not responsible for provide the nutritional services because Nuñez’s peritonitis was the result of …Read more

Tags: Abortion, Access to health care, Access to treatment, Food, Food safety, Health spending
Download Judgment: English Spanish

M.J.R. s/insanía

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: S.C. February 19, 2008, "M.J.R. s/ insanía"
Health Topics: Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

On June 4, 1982 M.J.R. , a minor, accused of aggravated murder, was declared unpunishable by law by the National Criminal Examining Court of First Instance number 16, which determined he had to remain in hospital as a safety measure. On July 11, 1983, the advisor on minors filed a process of disability to the …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Public hospitals, Schizophrenia
Download Judgment: English Spanish

Mendoza, Beatriz Silvia et al. v. Estado Nacional et al.

Country: Argentina
Year: 2008
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: [2008] File M. 1569. XL
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to water and sanitation
Facts:

Residents of the Matanza-Riachulo river basin brought a class action against the National State, the Province of Buenos Aires, and the city of Buenos Aires, as well as a number of businesses, for injuries resulting from pollution of the area. A lengthy information collecting process began in 2006. The Supreme Court of Argentina found that …Read more

Tags: Budget, Cancer, Clean water, Cleanliness, Contamination, Disclosure, Drinking water, Dysentery, Environmental degradation, Environmental hazards, Examination Electronic health information, Freedom of information, Garbage, Harm reduction, Health data, Health expenditures, Health funding, Health regulation, Health spending, Industrial waste, Lung disease, Noncommunicable diseases, Notification, Poisoning, Pollution, Potable water, Pulmonary diseases, Respiratory diseases, Safe drinking water, Safety regulation, Sewage, Toxic waste, Trash, Waste, Waste management, Water pollution, Water safety, Water-borne disease
Download Judgment: Spanish

Defensor del Pueblo de la Nación v. Estado Nacional et al.

Country: Argentina
Year: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 18/9/2007, "Defensor del Pueblo de la Nación c/ Estado Nacional y otra (Provincia del Chaco) s/proceso de conocimiento," (D. 587. XLIII) (Arg.).
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Infectious diseases, Poverty, Water, sanitation and hygiene
Human Rights: Right to bodily integrity, Right to education, Right to food, Right to health, Right to life, Right to participation, Right to water and sanitation, Right to work
Facts:

Argentina’s Human Rights Ombudsman brought a claim against the National Government and the Province of Chaco to force Respondents to take the necessary measures to improve the deleterious living conditions of an indigenous community in Chaco that amounted to circumstances of extreme emergency. The Ombudsman claimed that the community lacked fundamental and basic necessities as …Read more

Tags: Access to health care, Access to treatment, Budget, Chagas, Clean water, Drinking water, Food shortages, Indigenous groups, Indigent, Low income, Malnutrition, Non-communicable diseases, Poor, Potable water, Safe drinking water, Starvation, Tuberculosis, Underprivileged
Download Judgment: English Spanish

R. A., D. v. Estado Nacional et al.

Country: Argentina
Year: 2007
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 350. XLI.
Health Topics: Disabilities, Health care and health services, Health systems and financing
Facts:

The plaintiff’s mother filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State for the discriminatory treatment of a Bolivian girl with a disability. The girl was born in Bolivia and migrated to Argentina. She requested a pension from the National State because of her disability. The National Social Security …Read more

Tags: Access to health care, Children, Disabilities, discrimination, Health regulation, Poor
Download Judgment: Spanish

Falcón, María Liliana v. Hospital Vidal

Country: Argentina
Year: 2006
Court: Superior Provincial Court of Justice in the Province of Corrientes [Superior Tribunal de Justicia de Corrientes]
Citation: Falcon Maria Liliana c/ Hospital Vidal de la ciudad de Corrientes y/o Ministerio de Salud Publia de Corrientes y/o Estado de la Provincia Decorrientes s/ Amparo, Expediente Nº 25438/05, Superior Tribunal de Justicia de Corrientes (STJ Ctes.)(Superior Tribunal of Justice: highest provincial court in the province of Corrientes), 12/4/2006 (Arg.).
Health Topics: Health care and health services, Health systems and financing, Informed consent, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to family life, Right to health, Right to liberty and security of person
Facts:

Falcon María Liliana filed anguarantee of protection of individual constitutional rights (amparo protection) against a hospital in Argentina for refusing to perform a sterilization procedure during the birth of her seventh child. The plaintiff had requested doctors to perform a ligation of her Fallopian tubes, and/or any other necessary procedure, during a planned caesarean section …Read more

Tags: Access to treatment, Assisted reproductive technology, Birth control, Contraception, Contraceptives, Family planning, Fertility, Health facilities, Informed choice, Patient choice, Public hospitals, Sterilization
Download Judgment: English Spanish

Reynoso, Nilda Noemí v. I.N.S.S.J.P.

Country: Argentina
Year: 2006
Court: Supreme Court of Justice [Corte Suprema de la Nación Argentina]
Citation: R. 638. XL
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Mental health, Poverty
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioner, an elderly woman with diabetes, filed an action of amparo against the I.N.S.S.J.P, a public entity devoted to the provision of public health insurance to retired people. She requested the judiciary to order the Respondent to provide her 100U of human insulin, reactive tape and disposable syringes, as well as the medicine “Ampliactil” …Read more

Tags: Access to medicines, Access to treatment, Aged persons, Diabetes, Elderly, Emergency care, Essential medicines, Health funding, Health insurance, Incapacity, Incompetence, Indigent, Insanity, Low income, Mental competence, Older persons, Poor, Senior citizens, Social security, Underprivileged
Download Judgment: English Spanish

Rodríguez, Karina Verónica v. Estado Nacional et. al.

Country: Argentina
Year: 2006
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 1148. XLI
Health Topics: Child and adolescent health, Diet and nutrition, Poverty
Human Rights: Right to food
Facts:

Plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Buenos Aires and the Federal State  alleging that, due to omissions attributable to both states, her children suffered from malnutrition. She requested that the Court issue a provisional measure ordering the respondents to promptly satisfy the most basic nutritional and …Read more

Tags: Children, Diet, Food, Indigent, Malnutrition, Pediatric health, Poor
Download Judgment: Spanish

Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2005
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
Facts:

Susana Orlando, a 55-year-old-woman suffering from multiple sclerosis, brought a claim of amparo against the Federal State and the Province of Buenos Aires for acts and omissions preventing her to obtain the medicine she needed to fight her disease and that she could not afford. In particular, she complained about the fact that her illness …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Disabilities, Handicapped, Low income, Neurological diseases, Poor, Underprivileged
Download Judgment: Spanish

A.V. et al. v. Estado Nacional [Ministerio de Salud de la Nación- Programa Nacional de Lucha contra el S.I.D.A.]

Country: Argentina
Year: 2004
Court: Juzgado Nacional de Primera Instancia en lo Civil y Comercial Federal, Sala II [Federal Civil and Commercial Court of First Instance, 2nd Chamber]
Citation: Caso n° 3223/02, 27 February 2004.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioners were persons living with HIV. They brought action against the Ministry of Health of Argentina for failing to provide necessary medical treatment guaranteed by the Programa Nacional de Lucha contra el S.I.D.A. (National Programme Against AIDS). Petitioners filed a writ of amparo requesting judicial protection of their right to health and requesting that …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Essential medicines, Health funding, HIV, People living with HIV/AIDS, PLHIV, Social security
Download Judgment: English Spanish

Aquino, Isacio v. Cargo Servicios Industriales S.A.

Country: Argentina
Year: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 2652. XXXVIII
Health Topics: Disabilities, Occupational health
Human Rights: Right to favorable working conditions, Right to health
Facts:

A 29-year-old construction worker fell 10 meters from veneer roof while at work, rendering him permanently and totally disabled. No safety devices were provided by the employer, including a net or other protection mechanism to protect workers from falls.  The worker brought an action challenging the constitutionality of Article 39(1) of the Occupational Risks Law …Read more

Tags: Disabled, Job safety, Occupational accident, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English Spanish

Maldonado, Sergio Adrián s/materia: previsional s/recurso de amparo

Country: Argentina
Year: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 23/11/2004, "Maldonado, Sergio Adrián s/ materia: previsional s/ recurso de amparo," (M.3805.XXXVIII) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

Man brought appeal for legal protection against the Superintendence for the Welfare of Federal Police of Argentina (Superintendencia de Bienestar de la Policía Federal Argentina), requesting that the court order the Superintendence to continue to provide the economic assistance needed to cover overseas treatment for his daughter, who suffered from spinal muscular atrophy (Werdning-Hoffman disease). …Read more

Tags: Access to health care, Access to treatment, Child development, Children, Health expenditures, Health funding, Health insurance, Health spending, Minor, Out-of-pocket expenditures, Pediatric health, Social security, Subsidies
Download Judgment: Spanish

Martín, Sergio Gustavo et al. v. Fuerza Aérea Argentina – Dirección General de Bienestar para Personal de la Fuerza Aérea

Country: Argentina
Year: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: M. 3226. XXXVIII.
Health Topics: Child and adolescent health, Disabilities, Health care and health services, Health systems and financing
Human Rights: Right to development, Right to health, Right to life, Right to social security
Facts:

Parents of daughter with disabilities brought action for legal protection against the Armed Forces of Argentina, as a State organ, for failing to ensure comprehensive coverage of the needed treatment for their daughter.  The appeals court reversed the trial court’s decision that granted Petitioners legal protection.  The appeals court found that a) Petitioners did not …Read more

Tags: Access to health care, Access to treatment, Children, Disabled, Health spending, Infant health, Minor
Download Judgment: English Spanish

V., W. J. v. Obra Social de Empleados de Comercio y Actividades Civiles

Country: Argentina
Year: 2004
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: V. 1389. XXXVIII
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

The Petitioner brought action against Obra Social de Empleados de Comercio y Actividades Civiles (Osecac) for discrimination and violations of his rights to life and health. The Petitioner had received health insurance coverage from Osecac through his employer for seven years. Following termination of his job, the Petitioner sought to continue coverage with Osecac. However, …Read more

Tags: Access to health care, Access to treatment, AIDS, Employment, Health funding, Health insurance, Health spending, HIV, HIV positive, HIV status, Out-of-pocket expenditures, People living with HIV/AIDS, PLHIV, Social security
Download Judgment: English Spanish

Asociación de Esclerosis Múltiple de Salta v. Ministerio de Salud – Estado Nacional

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: A. 891. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health, Right to life
Facts:

The 939/00 Obligatory Medical Program provided medication to persons suffering from multiple sclerosis and isolated demyelinating syndrome, a precondition of multiple sclerosis. The National Ministry of Health passed a resolution to amend this program. The resolution had the effect of excluding from the program all isolated demyelinating syndrome sufferers and any multiple sclerosis sufferers who had …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Drug safety, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Neurological diseases, Social security, Subsidies
Download Judgment: English Spanish

Díaz, Brígida v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación]
Citation: D.2031.XXXVIII
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Poverty
Human Rights: Right to health
Facts:

Brigida Díaz was told by her doctors that she urgently needed surgical intervention to replace her pacemaker. Her original pacemaker had been covered by a social welfare scheme, and she had used these funds to replace it once. However, by the time she was told that her pacemaker needed to be replaced a second time, …Read more

Tags: Access to health care, Access to treatment, Health care technology, Heart disease, Indigent, Low income, Out-of-pocket expenditures, Poor, Reimbursement, Social security, Subsidies, Underprivileged
Download Judgment: English Spanish

Neira, Luis Manuel et al. v. Swiss Medical Group S.A

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 21/11/2003, "Neira, Luis Manuel y otra c. Swiss Medical Groups, S.A. s/recurso de hecho," (N.108.XXXIX) (Arg.).
Health Topics: Child and adolescent health, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Facts:

Parents brought a case against Swiss Medical Groups, S.A., on behalf of their infant child suffering from a condition which required urgent treatment. Petitioners requested extraordinary remedies from the Court, asking the Court to order Swiss Medical Groups, S.A., to provide the necessary and urgent medical treatment to their child. Petitioners claimed that by not …Read more

Tags: Access to health care, Child development, Health spending
Download Judgment: English Spanish

Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina et al. v. GCBA

Country: Argentina
Year: 2003
Court: Superior Court of Justice of the Autonomous City of Buenos Aires [Tribunal Superior de Justicia de la Ciudad Autónoma de Buenos Aires]
Citation: Expte. nº 480/00
Health Topics: Child and adolescent health, Health information, HIV/AIDS, Sexual and reproductive health
Human Rights: Right of access to information, Right to family life, Right to life
Facts:

The League of Housewives, Consumers and Users of Argentina [Liga de Amas de Casa, Consumidores y Usuarios de la República Argentina] requested that judiciary declare that articles 5 and 7 of Act 418 and its amendment 439 of the City of Buenos Aires were contrary to the National Constitution. The Plaintiff alleged that under the …Read more

Tags: Abortion, AIDS, Awareness, Birth control, Condoms, Contraception, Contraceptives, Family planning, Health education, Health promotion, HIV, Parental consent, Pregnancy
Download Judgment: Spanish

Rogers, Silvia Elena v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: R. 671. XXXIX.
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Health Insurance of the Province of Buenos Aires (IOMA), the Province of Buenos Aires, and the National State to provide her HIV/AIDS medication, arguing that her right to health was violated. The plaintiff claimed that she complied with all the requirements …Read more

Tags: Access to health care, Access to medicines, Access to treatment, HIV/AIDS, Medicines, People living with HIV/AIDS
Download Judgment: Spanish

Orlando, Susana Beatriz v. Provincia de Buenos Aires et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: O. 59. XXXVIII
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Poverty
Human Rights: Right to health
Facts:

A 55-year-old woman suffering from multiple sclerosis brought case against the Government of Argentina and the Province of Buenos Aires for acts and omissions that prevented the provision of the medications necessary for her condition that she could not afford. The petitioner’s illness did not fall within the provincial government’s jurisdiction for coverage. Therefore, the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Blind, Disabilities, Handicapped, Low income, Neurological diseases, Poor, Underprivileged
Download Judgment: English Spanish

Ramos, Marta Roxana, et al. v. Province of Buenos Aires, et al.

Country: Argentina
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: Corte Suprema de Justicia de la Nación [CSJN] [National Supreme Court of Justice], 12/3/2002, "Ramos, Marta Roxana y otros c/ Buenos Aires, Provincia de y Otros s/Amparo," (R. 1012. XXXVI) (Arg.).
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Poverty
Human Rights: Right to development, Right to education, Right to food, Right to health, Right to housing, Right to social security
Facts:

Woman living in extreme poverty brought an action against the Ministry of Social Development and Environment of the Nation, the Province of Buenos Aires, and Hospital of Pediatrics Profesor Juan P. Garrahan on behalf of her eight children and herself, seeking, among others, the protection of their rights to food, health, education, and housing; the …Read more

Tags: Access to health care, Access to treatment, Children, Clinics, Emergency care, Health funding, Health insurance, Minor, Out-of-pocket expenditures, Pediatric health, Public hospitals, Reimbursement, Social security, Subsidies
Download Judgment: English Spanish
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