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

R. 1148. XLI
Download Judgment: Spanish
Country: Argentina
Region: Americas
Year: 2006
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Health Topics: Child and adolescent health, Diet and nutrition, Poverty
Human Rights: Right to food
Tags: Children, Diet, Food, Indigent, Malnutrition, Pediatric health, Poor
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 medical needs of her children.
The Court confirmed that it lacked jurisdiction to decide the case but due to the seriousness of the situation of the Plaintiff's children, the Court issued the provisional measure requiring the relevant municipalities to provide the Plaintiff's children with enough food to cover their basic nutritional requirements within five days. In issuing such order, the Court verified the credibility of the legal right alleged by the Plaintiff as well as the danger of delaying the grant  of  the  remedy requested.
 Several judges dissented, confirming that as the Court did not properly have jurisdiction it should not be issuing any order.