Argentina: President of a Social Institute Fined for Not Complying with Disability Law

In Argentina, a judge decided to fine the President of the Institute for Medical Assistance of Buenos Aires (Instituto de Obra Médico Asistencial de la Provincia de Buenos Aires, IOMA), Alberto Mazza. This case, in the defense of the rights and protections entitled for a child with disabilities, is conducted by a member of the Network of Voluntary Lawyer of the Foundation for Citizen Power (Red de Abogados Voluntarios de la Fundacdión Poder Ciudadano).

In Argentina, the Honorable Luis Arias, the Judge of the Number 1 Administrative Contentious Court of La Plata, ruled that the President of the Institute for Social Assistance (Instituto de Obra Médico Social de la Provincia de Buenos Aires, IOMA), failed to provide the ordinary services of the institution, pursuant to the corresponding disability law. Mr. Maza must pay a fee of 1,600 pesos, corresponding to 50 pesos for each day that the request of the plaintiff was delayed without justification. If the President does not comply, his salary will be retained.

This ruling was made as part of a legal action filed by Verónica de Miguelez, with her lawyer María Inés Bianco, of the Voluntary Lawyers Network for Citizen Power ( Red de Abogados Voluntarios de Poder Ciudadano). This legal process was begun to defend the rights of Verónica´s daughter and her legal rights as a child with disabilities, requiring the support from the Institute, pursuant to the pertinent disability laws and regulations.

"The innovation introduced by this ruling is that it places the responsibility upon the President of the Institute and states that he is legally in contempt" says María Inés Bianco, lawyer "This ruling was a success and, shortly after it became public, the President issued the authorization of the plaintiff's original request filed at the Institute."

Veronica de Miguelz, a teacher and contributing member of the Institute, works in Escobar and has a three year old daughter with a neurological disability. Because the Institute for Social Assistance failed to comply with its obligations, the mother found that the Institute did provide her of the promised timely financial support when her child became sick. "Many times in the past I had to get the money from other sources. Now the Institute has given me the money, as the judge ruled." Mrs. de Miguelez told us that her daughter has take medical examination in the following weeks.

Thanks to the intervention of the court and the fee imposed, Daiana will be able to pay for her medical, psychological, trauma, and hearing treatment she is entitled to, at the Fleni Rehabilitation and Therapeutic Institute, including the special milk, all of which had been denied by the Institute for Medical Assistance of Buenos Aires (Instituto de Obra Médico Asistencial de la Provincia de Buenos Aires, IOMA).

The Disability Law No. 24091 establishes that the institution for social assistance must cover all the expenses incurred by their members, as mandated by the applicable regulations, and that such coverage extends to the payment of health related expenses, including professional fees, medications, or any specific products not provided by such agency or manufactured in the country.

Nevertheless, the institution would always present excuses for not authorizing the corresponding funds. The mother said: "One time I was desperate. My daughter needed a nasogastric catheter and hospitalization. Because it was an emergency I had to take my daughter to a private provider, and the institution never assumed its responsibility for paying for those health related emergency expenses." That is why she requested support from the Network of Voluntary Lawyers for Citizen Power.

Thanks to this ruling, Diaina will have better diagnosis and medical treatment, and a new bed. The fee of 1,600 pesos, imposed by the court upon the president of the Institute, will be collected by the mother of the child.

The Network of Voluntary Lawyers of the Citizens Power Foundation, is a large team of legal professional dedicated to support groups of the civil society. Now the Network is expanding to other provinces where legal advise is need by vulnerable sectors of the Argentine population.

For more information, call Verónica de Miquelez at (03488) 429491 or (03488) 445472

 printer-friendly format