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

Expte. nº 480/00
Download Judgment: Spanish
Country: Argentina
Region: Americas
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]
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
Tags: Abortion, AIDS, Awareness, Birth control, Condoms, Contraception, Contraceptives, Family planning, Health education, Health promotion, HIV, Parental consent, Pregnancy
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 law, local authorities were allowed to provide information about contraceptive methods and recommend, prescribe and provide contraceptives to minors without the consent of their parents or legal representatives. The Plaintiff considered that some of these contraceptive methods were capable of causing abortions. As a result, The Plaintiff argued that the law infringed the right to life and the right to the protection of the family by preventing parents from supervising and controlling the sexual and reproductive education of their children.
The Superior Court of Justice of the City of Buenos Aires rejected the constitutional claim, declaring that, far from infringing the rights identified by the Plaintiff, the law in question guaranteed and promoted the enjoyment of the right to health of the population by providing information and contraceptive methods that had the capacity to prevent unintended pregnancy and the transmission of serious illnesses like AIDS. As a result, the law could not be considered arbitrary or irrational. It aimed to prevent risks to the health of the child and enhance their ability to prevent unintended pregnancy or AIDS, among other risks. Moreover, the means developed to reach these ends (i.e. providing information and contraceptive methods) could not be considered irrational or inadequate.
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