295.
Consequently, the Court considers that within the framework of the implementation
of Argentine laws that regulate access to health and social security benefits, the State must
adopt the necessary measures to ensure that as soon as a person is diagnosed with serious
problems or aftereffects related to disability, that person or his family is provided with a
charter of rights that summarizes, in a concise, clear and accessible manner, the benefits
contemplated in the aforementioned rules, the standards for the protection of persons with
mental disabilities established in this Judgment and other related public policies, as well as
the institutions that can provide assistance in demanding the fulfillment of their rights. The
State shall report annually on the implementation of this measure for a period of three
years, once implementation of said mechanism begins.
B.3.2) Legal reforms to civil proceedings and the execution of judgments in cases
involving minors and persons with disabilities
Arguments of the parties
296.
The representatives requested, as measures of non-repetition, reforms to the code
of civil procedure and the legal regimen for the execution of judgments. Regarding the civil
procedure, they called for a “reformulation of the civil procedure models, for the most part
formal and written, which have an impact on the duration of the proceedings, on the
dispersion of actions and on the absence of direct personal contact between the judge and
the parties.” They considered that a reform should contemplate, at least: “(a) the structure
of litigation by hearings; (b) the preponderance of the principles of immediacy and
convergence (c) increasing the duties of the judge as custodian of rights and guarantees,
together with systems to monitor fulfillment of this role; (d) strengthening compensation
provisions, and (e) an interdisciplinary approach to cases of individuals in vulnerable
situations.” They mentioned the following changes as necessary reforms for “all cases, but
especially for minors and/or persons with any type of disability”: (i) “proceedings by means
of a hearing when its purpose concerns the interests of a child, adolescent or person with
disabilities”; (ii) that “judges must obligatorily attend the hearings”; that “in trials
[involving] children, adolescents or persons with disabilities […], when necessary, the judge
must take steps to prevent harm and to provide protection”; (iii) that “the proceedings must
be brief [in cases of] protection, rehabilitation and compensation of children, adolescents or
persons with disabilities”; that “minors and persons with disabilities must be heard
personally by the judge in a hearing”; that “the right to request precautionary measures of
protection for minors and persons with disabilities must be established,” (iv) and that “a
prompt procedure for execution of the judgment should be established, paying special
attention to cases [relating to] any social right such as the right to health care and/or to
social security.” The representatives also requested an amendment to the special federal
appeal remedy established in Article 280 of the Code of Civil and Commercial Procedure of
the Nation, to “establish a legal time frame within which the Supreme Court must issue a
ruling when an appeal has been filed.”
297.
As to the regulatory system for the execution of judgments, the representatives
requested “[t]he reform of the legislation that imposes measures of deferred payment in the
case of execution of judgments against the State, so that all the cases in which the plaintiff
suffers from disabilities or health problems that require medical treatment or special care
opportunities for consultation, activities which affect members of the public, their budget, and subsidies, benefits
and contracts— on a routine and proactive basis, even in the absence of a specific request, and ensure that the
information is accessible and understandable.” Inter-American Juridical Committee, “Principles on the right of
access to information”, 73° Regular Session, August 7, 2008, OAS/Ser. Q CJI/RES.147 (LXXIII-O/08), operative
paragraph 4.
93
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos