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, …Read more

Martha Susana Schauman de Scaiola filed a suit against Dr. Juan Manuel Padrón and the Regional Hospital of Río Gallegos of the Government of the Province of Santa Cruz to hold them responsible for her son’s death, due to medical malpractice. She claimed liquidated damages due to her suffering caused from the death of her …Read more

Policlínica Privada de Medicina y Cirugía S.A. (Policlínica) brought aguarantee of protection of individual constitutional rights (amparo protection) against the resolution of the Health Secretary of the then Municipality of the City of Buenos Aires. Policlínica had sought to transfer a minor, who was receiving intensive care treatment in the Petitioner’s premises, to a public hospital. The minor …Read more

Petitioner brought case to force the government of Argentina to take all necessary measures to produce the WHO-certified vaccine for the Argentine Hemorrhagic Fever to ensure the immediate administration of the vaccine to the populations at risk of contracting the virus.  The vaccine had been shown to be 95% effective against the disease.  The project …Read more

The Medical Center “Segurola S.A” (“Centro Médico Segurola S.A”) filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, under article 43 of Argentina’s National Constitution and law 16.986. The plaintiff considered law 24.754 to be unconstitutional because in article 1 it established that the companies that provide prepaid medical …Read more

Persons living with HIV/AIDS had filed a guarantee of protection of individual constitutional rights (amparo protection) with the the lower court against the Ministry of Health, claiming that their HIV/AIDS medical treatment was willingly suspended, violating their right to health and jeopardizing their right to life. After the filing of the action, the treatment was …Read more

The public defender brought a guarantee of protection of individual constitutional rights (amparo protection) to protect the health of children in the indigenous community of Paynemil whose drinking water supply had been contaminated with lead and mercury by an oil company’s operations. The State was alleged to have arbitrarily failed to protect the right to …Read more

The prison authorities of Unit 1 of the SPF of Argentina adopted the practice of performing vaginal inspections on all female visitors who desired to have personal contact with the inmates. Ms. X, whose husband was detained at that Unit, and their thirteen year old daughter Y were thus routinely submitted to such searches each …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more

Grandmother of a child orphaned at the hands of the military government of Argentina who was then falsely adopted filed claims against the government citing ICCPR Articles 7 (freedom from torture, including psychological), 23 (family) and 24 (child protections) rights violations. Ximena Vicario’s parents disappeared when she was 9 months old and she was cared …Read more

The plaintiff filed a suit with the Supreme Court of Justice on behalf of her father against Manuel Osvaldo Montiel(the driver of a truck), Enrique Daniel Suares (head of the medical team), the company “Dial Electromecánica”, Américo Delgado Vargas (a medical practitioner), Osvaldo Alberto Perreta (an orthopedist), and the Province of Buenos Aires to obtain liquidated …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the National Social Security Agency [Administración Nacional de la Seguridad Social- ANSES]. The plaintiff claimed that her right to life and health was threatened by the Administration, because they didn’t pay her pension in time and therefore she couldn’t access medical …Read more

A woman consecutively shot her partner three times. She was charged with aggravated homicide.  She claimed self-defense, alleging to have been subjected to continuous domestic violence and abuse. The ruling of the Court of First Instance justified her action and she was acquitted. The prosecutor appealed the decision on grounds that the woman’s response was …Read more

The plaintiff, the legal representative of her underage son who suffered from cancer, filed a guarantee of protection of individual constitutional rights (amparo protection) against the National State, the Ministry of Health and Social Action to condemn them to supply an experimental treatment that was tested in some patients, including the plaintiff’s son.  The experimental drug …Read more

The parents of the 17 years old plaintiff, Claudia Graciela Saguir y Dib, filed an authorization on behalf of their daughter for her to be able to donate her kidney to her brother, who was suffering from chronic renal terminal failure. Law 21.541, art. 13, established that a person over 18 years old could donate …Read more