are expressly excepted.” They requested that Law 25,344 be amended so that “the courts
may determine the special situations and cases that should be excluded from consolidation
by the judges when delivering judgment,” and for the establishment of “some type of
system that gives preference to payment in cases where a situation that affects the right to
health care and/or social security is confirmed.”
298.
Regarding the representatives’ request that the Court order amendments to the
code of civil procedure, the State considered this “totally vague, wide-ranging and
incoherent,” and indicated that “the Code of Civil and Commercial Procedure of the Nation
[…] was reformed in 2001, in line with the relevant international standards and with the
vague claims submitted by the alleged victims.” It indicated that Articles 34 and 36 of the
Code of Civil and Commercial Procedure of the Nation establish that “judges act in their
personal capacity in the proceedings and may request multidisciplinary assessment through
the introduction of experts.”
299.
With respect to the request for legislative reforms concerning the system for the
execution of judgments, the State argued that “legislation on economic policy is outside the
[Court’s] sphere of competence,” owing to the reservation made by the State with regard to
Article 21 of the Convention. It also indicated that “the system for the execution of
judgments established in Law 23,928 was amended by Law 25,344, which, in Article 18,
establishes that the National Executive may order the exclusion from the system of
consolidation of vouchers “under exceptional circumstances related to situations of
abandonment and indigence.”
Considerations of the Court
300.
The Court recalls that Article 2 of the Convention requires States Parties to adopt,
based on their constitutional processes and the provisions of the Convention, such legislative
or other measures as may be necessary to give effect to the rights or freedoms protected by
the Convention.460 In other words, States not only have the positive obligation to adopt the
necessary legislative measures to guarantee the exercise of the rights embodied in the
Convention, but they must also avoid promulgating laws that prevent the free exercise of
those rights, and eliminate or amend laws that protect them.461 Therefore, the Court recalls
that, in the context of the obligations stemming from Articles 1(1) and 2 of the Convention,
and according to the standards described in this Judgment (supra paras. 125 to 139), the
States must take steps to reduce structural barriers or limitations and to give the
appropriate preferential treatment to persons with disabilities, in order to achieve the
objective of their full participation and equality within society.
301.
In this case, the Court merely examined the duration of the judicial proceedings and
the obstacles to access to health care, rehabilitation and social security services. The Court
did not analyze the compatibility of a specific provision with the American Convention, which
was not an element of this case. Moreover, the representatives did not provide sufficient
evidence to allow the Court to infer that the violations declared in this case stem from a
problem in the laws themselves. Other proposed reforms relate to fundamental matters that
are intrinsic to the regulation of the Argentine civil procedure. The representatives did not
provide further information that would allow the Court to conclude that the regulation of the
Argentine civil procedure, as established by the law, contains normative flaws in relation to
460
Cf. Case of Gangaram Panday v. Suriname. Preliminary Objections. Judgment of December 4, 1991.
Series C No. 12, para. 50 and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 221.
461
Cf. Case of Gangaram Panday. Preliminary Objections, para. 50 and Case of the Kichwa Indigenous People
of Sarayaku v. Ecuador, para. 221.
94
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos