Argentine

Onglets principaux

Caselaw

En julio de 2004 un grupo de vecinos que residen en la Cuenca Matanza-Riachuelo interpusieron demanda ante la Corte Suprema de Justicia de la Nación contra el Estado Nacional, la Provincia de Buenos Aires, la Ciudad Autónoma de Buenos Aires y 44 empresas para obtener indemnización por daños y perjuicios sufridos como consecuencia de la contaminación de la Cuenca, cese de la contaminación y recomposición del medio ambiente.

In July 2004, a group of residents of the Matanza/Riachuelo basin filed a suit before the Supreme Court of Argentina against the national government, the Province of Buenos Aires, the City of Buenos Aires and 44 companies seeking compensation for damages resulting from pollution of the basin, stoppage of contaminating activities, and remedy for collective environmental damage.

The case was filed in March 2003 to force the Comisión Nacional de Pensiones Asistenciales (national agency in charge of welfare pensions) to grant a disability pension to Daniela Reyes Aguilera, a Bolivian girl who has a disabling condition preventing her from moving legs and arms, speaking, and eating on her own. Article 1, paragraph "e" of Decree 432/1997, which requires foreign citizens to prove legal residence in Argentina for at least twenty years in order to qualify for disability pensions, was contested as unconstitutional.

El caso fue llevado a la justicia en el mes de marzo de 2003 para que se obligara a la Comisión Nacional de Pensiones Asistenciales a otorgar la pensión por invalidez a Daniela Reyes Aguilera, una niña de nacionalidad boliviana con una discapacidad que le impide la movilidad de sus miembros, comunicarse verbalmente, y alimentarse por cuenta propia.

In 1998, the Aboriginal Communities Association Lhaka Honat filed an action with the Inter-American Commission on Human Rights (IACHR) against the State of Argentina. The communities living in Salta province denounced violations of their right to ancestral land, to cultural integrity and to a safe environment, following the State’s decision to build an international bridge and carry out an urban development plan in their territory, which would significantly alter their way of life.

Mariela Viceconte filed a collective amparo action seeking to force the Argentine State to produce the Candid 1 vaccine. Her case was based on her own right to health and that of other persons exposed to contracting “Argentine Hemorrhagic Fever,” including in Argentina approximately 3.5 million people. The action specifically alleged a violation of the obligation to prevent, treat and fight epidemic and endemic diseases arising from article 12.2.c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Between December 27, 1995 and September 30, 1999, the Inter-American Commission on Human Rights (IACHR) received numerous petitions filed by retired persons and several non-governmental organizations.  The petitions claimed violations of the rights to effective judicial remedy, due legal process, property, social security, health, well-being and equal protection, which are enshrined in the American Declaration on the Rights and Duties of Man (ADRDM) and in the American Convention on Human Rights (ACHR).

Neuquén Province's Official Defender of Minors filed an amparo action to protect the health of children and youth in the indigenous Mapuche community of Paynemil, because they had been exposed to water contaminated with lead and mercury. The applicant requested that the State be ordered to provide enough drinking water to ensure the survival of the affected community, to conduct the diagnosis and treatment of affected minors, and to adopt adequate measures to prevent future soil and water contamination.

Neuquén Province's Official Defender of Minors filed a complaint with the IACHD alleging violation of children's right to the protection required by their status as minors, as well as of rights to health, a healthy environment, land ownership and effective remedy. The Official Defender had filed an amparo action to protect the health of children and youth in the Paynemil Mapuche community exposed to consumption of water contaminated with lead and mercury.

Several organizations of users and consumers, and human rights organizations submitted to International Center for Settlement of Investment Disputes (ICSID) a “Petition for Transparency and Public Participation as Amicus Curiae,” within the framework of proceedings started by Aguas Argentinas, Suez and Vivendi. These companies demanded from the State of Argentina an indemnification for damages caused upon their investments as a result of the public utility rates freeze following Argentina's abandonment in 2001 of the system that pegged its currency to the dollar.