In the month of June 2023, Acceso y Autonomía, the University Extension project of the UCA, carried out a judicial process of amparo against the IOSFA social work in order to cover 100% of the adapted glasses that a child required to be able to in his second grade of primary school.
This judicial process that was processed in the Federal National Civil and Commercial Court No. 4, Secretariat No. 8, took place on 04/26/2023. A month later the lawsuit transferred the funds to the adult mother responsible for the child so that she could access her adapted glasses.
Faced with the need to guarantee the right to health, Law 16,986 requires an interpellation prior to the start of the process. This implies that it is previously required to send a document letter signed by the claimant of the right, intimating compliance with the medical service. By issuing this summons, the social work recognized the required coverage, but only through the reimbursement system. The socio-economic situation of the amparista made it impossible, by any means, for her to pay the large sum for the adapted glasses, and after a while, receive reimbursement from the social work. Faced with this situation, Access and Autonomy raised the violation of the Convention on the Rights of Persons with Disabilities, since an unreasonable barrier was established that violated art. 25 of said Convention. Above all, when the child and his mother were in a situation of economic vulnerability.
The consequence of this was the filing of an appeal for amparo, where the defendant finally agreed to comply with the 100% coverage of the adapted glasses.
However, and despite the success of this case, it is important to point out that many people with disabilities and who are also in a situation of economic vulnerability, do not have the resources to hire or find specialized sponsorship in the matter and also free of charge.
For this reason, it is important that control agencies, such as the Superintendency of Health Services, provide information to this group so that they can access to denounce and inform these situations, since compliance with the Convention on the Rights of Persons with Disabilities is the responsibility of the three State Branches.
From Acceso y Autonomía we ask state agencies to guarantee the rights of people with disabilities quickly and efficiently and we also make ourselves available to provide advice to those who require it, as we have been doing. Likewise, in the case of people who are in a situation of economic vulnerability and have some type of disability, Acceso y Autonomía will be able to evaluate the case and sponsor it free of charge if necessary. That is why I invite you to write to us on Instagram @AccesoyAutonomia.
Source: Ambito
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