Defensoría Pública Oficial v. Provincia de Córdoba et al.

FCB 017844/2014/CS1
Download Judgment: Spanish
Country: Argentina
Region: Americas
Year: 2015
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Tags: Access to health care, Access to medicines, Access to treatment, Health regulation, Social security

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba and the State with Federal court and another guarantee of protection of individual constitutional rights (amparo protection) against the Province of Córdoba with Local Court so that respondents provide comprehensive coverage to the affiliates of the Federal Program of Health (Programa Federal de Salud – ProfeIncluir Salud).

The Federal First Instance Court declared he did not had jurisdiction to solve the claim and said that the case should be sent to the Supreme Court of Justice by original jurisdiction (cases where only the Supreme Court has jurisdiction). The plaintiff appealed the judgement and the Federal Court of Appeal confirmed the previous judgement. The plaintiff filed an extraordinary appeal to the Supreme Court of Justice.

 

The Supreme Court of Justice held that it was not a case of original jurisdiction because none of the cases of original jurisdiction stipulated in article 117 of National Constitution took place. The Supreme Court sent the case to the Supreme Court of Buenos Aires to decide which tribunal was competent according to provincial legislation. At the same time it founded that the competent court was the provincial one, not the federal court because even though the Federal Program of Health was created by the National Ministry of Health, it celebrated agreements with the provinces, in this case with the Ministry of Health of the Province of Córdoba, so the program is under provincial execution and jurisdiction. The Supreme Court of Justice found that it was not a case of original competence, and sent the case to provincial courts and also to the federal court to avoid a situation where the jurisdiction is denied to the plaintiff.

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