Region: Americas
Year: 2002
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Health regulation, Public hospitals, Right to Health, Right to Life, Social security
The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Ministry of Health and the Province of Buenos Aires to obtain coverage for the medical treatment that he required. The case was brought by the Federal Court of Appeals to the Supreme Court of Justice because it understood that it was a case of original jurisdiction of the Supreme Court of Justice because the Province of Buenos Aires and the State were being sued.
The Supreme Court of Justice held that the case was analogous to the precedent "Orlando, Susana Beatriz c/Buenos Aires, Provincia de y otros s/amparo" in which the Court found that when the State and the Province of Buenos Aires are sued, it is a case of original jurisdiction of the Supreme Court of Justice.