Santini, Pablo José v. I.N.S.S.J.Y.P.[Instituto Nacional de Servicios Sociales para Jubilados y Pensionados] et al.

S. 311. XLV.
Download Judgment: Spanish
Country: Argentina
Region: Americas
Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Health Topics: Health care and health services, Health systems and financing, Mental health
Human Rights: Right to health, Right to life, Right to social security
Tags: Access to health care, Access to medicines, Access to treatment, Health insurance, Mental illness

The plaintiff’s grandmother filed a guarantee of protection of individual constitutional rights (amparo protection) with First Instance Civil and Commercial Court of Mar del Plata [Juzgado Civil y Comercial n°2 de Mar del Plata] to get health coverage for her grandson from the National Institute for Social Services for Retiree [I.N.S.S.J.Y.P] and the National State, the health insurance company where she was an affiliate, until she was designated as his curator in the curator trial. As the grandmother was not the curator, her grandson didn’t receive coverage from the I.N.S.S.J.Y.P. but once she became his curator, then her grandson could receive healthcare.

The amparo protection against the I.N.S.S.J.Y.P was dismissed by the First Instance Civil and Commercial Court. The plaintiff filed with Federal Courts of Appeal of Mar del Plata [Cámara Federal de Apelaciones de Mar del Plata] but it declared incompetent to solve the case. However, the Court of Appeal found that the amparo protection against the National State proceeded and determined that it should provide coverage to the plaintiff until the curator trial is concluded. The National State filed an extraordinary appeal with Supreme Court of Justice.


The Supreme Court of Justice determined that it was unnecessary to rule about the lawsuit given the fact that the object of the amparo protection was solved: the grandmother of the plaintiff was dessingated as his curator and in consequence he was an affiliate of the I.N.S.S.J.Y.P.