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

R. 671. XXXIX.
Download Judgment: Spanish
Country: Argentina
Region: Americas
Year: 2003
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Tags: Access to health care, Access to medicines, Access to treatment, HIV/AIDS, Medicines, People living with HIV/AIDS

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 to obtain the medication but IOMA did not provide it, and she lacked the economic resources to obtain the medications on her own. The amparo protection was filed with the Supreme Court of Justice as that court had original jurisdiction.


The Supreme Court of Justice found that it was a case of original jurisdiction and admitted the amparo protection, and compelled the respondents to provide the plaintiff's prescribed medication for the corresponding treatment within 30 days.