A benefit which is not included in the Compulsory Medical Plan
The social work of the Buenos Aires municipal employees should pay for the treatment of

Ayuso-Liguori Marriage achieved a response porteña justice after a year of struggle to become parents. The House on Administrative Disputes of Tax and Capital Projects provided that the City of Buenos Aires will pay an in vitro fertilization treatment, despite the fact that this practice is not included within the Compulsory Medical Plan benefits which should cover business prepaid medical and welfare services.

The second instance of failure of justice portena opens the way for similar presentations of Public employees of the city. In the civil justice system does not there is a bug chamber similar to compel others to perform these social practices.

“We are pleased with the good news because it was finally recognized our right to health. This is a problem for which medicine has a solution, with scientifically proven techniques and treatments. The only obstacle is that no social security cover, “said Marcelo Ayuso after learning the court decision (see separate article).

The ruling was signed by the comrades Nélida Daniele Russo and Eduardo, for most, while his colleague Stephen Centanaro voted in dissent.

The judges upheld the ruling of first instance Judge Patricia Lopez Vergara and understood that what is at issue is the right to health, which is undermined by the inability to fertilize. “The inability to procreate is a defect that can affect real and effective quality of life, and that reproductive health involves the psychological health of both spouses, as well as their right to procreate,” said the judges, and mentioned that this concept is consistent with promoting the World Health Organization.

In addition, the law of the city is promoting maternal responsibility, and therefore can not believe that reproductive rights are applicable only to those able to procreate.

Echoed by the judges to say that the Compulsory Medical Plan does not mention this feature and nor do the laws of social work, pre-medicine and the national health system, and there are no rules in Argentina covering the topic, despite the number of bills awaiting review in both houses of Congress.

The court stated that the source of protection of the health status of women are human rights that are implicit in his person. The only limitation would have the treatment, he explained, is that their cost will affect the right of the rest of the membership of the social work.

In dissent

The judge Centanaro, for his part in voting in the minority, opposed to the social work covering the treatment of assisted fertilization, as understood that the coverage is not included within the Compulsory Medical Plan, which is not the appeal the way to resolve the issue, and argued that there is insufficient evidence to support the indication of treatment demanded by the marriage. The judge did not dispute that the right to health is constitutional and that infertility is an issue that affects, but it does not follow that the social work be in charge of processing requests.

Centanaro stressed that it is necessary to assess the economic impact that this decision could have on the financing of the health system.

Also, understand that this move implies that it has no powers on the court but the legislature must develop the standard. This would move further on the division of powers, he said.

The issue of whether or not infertility is a disease is the product of debate medical, legal and parliamentary. Advanced fertilization treatments are not included in the Compulsory Medical Plan and the majority of social work and does not cover prepaid. Your cost may vary between 7000 and 14,000 pesos.

It is estimated that every year are born in the country between 1500 and 3000 kids through the various techniques of assisted fertilization.

Here, for 21 years, there is a legal vacuum in this respect, and with costs that have fertility treatment are reserved for a wealthy class. According to experts from institutes of fertilization, more than 50 percent of patients who need it can not afford the high costs for their practices.

By Hernan Cappiello
From the editors of La Nacion