Nowinski, Elsa Alicia s/inconstitucionalidad artículo 16 de la ley 6982

N. 36. XXXII.
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The plaintiff filed a claim arguing the constitutionality of article 16 of the law no.6982, which required retirees and pensioners who previously received health services from the Institute of Social Welfare to change their affiliation to the Institute of Medical Assistance IOMA (a health provider). The plaintiff claimed that this law violated articles 14, 17, 28, 33, and 116 of the National Constitution as well as her right to association. The case was brought to the Supreme Court of the Province of Buenos Aires which dismissed the claim. The plaintiff filed an extraordinary appeal arguing that the judgement was arbitrary and the provincial Supreme Court based its decision on a case that was not analogous to her claim.



The Supreme Court of Justice declared the extraordinary appeal admissible and confirmed the previous decision. The Supreme Court held that the previous judgment was not arbitrary because the case in which the provincial Supreme Court based its decision was analogous to the present case. At the same time, the Court found that rights were not absolute and are subject to laws that regulated how rights are exercised, including the right to association. Therefore, as the plaintiff didn't prove in which way the law was unconstitutional, the Court dismissed the claim and confirmed the previous judgement.

The dissenting opinion of Judge Vázquez revoked the previous judgement declaring the law unconstitutional and enabled the plaintiff to opt for the health service that she considered appropriate. The judge argued that because the IOMA didn't provide necessary and adequate medical coverage for the plaintiff, the law that required her to switch coverage was irrational.