2023-08-25 14:31:06
Prosecutor Miguel Ángel Gilligan ruled that a sued social work must continue the coverage of the treatment for gambling that one of its affiliates had been carrying out in an addiction rehabilitation center since 2018, after ruling in favor of an amparo action.
The man, who is addicted to gambling, filed an amparo action against the Obra Social Trabajadores Pasteleros, Confiteros, Pizzeros, Heladeros y Alfajoreros de la República Argentina (Elevar), with the aim of continuing with treatment coverage for compulsive gambling
Approach of the gambler
In his presentation, the plaintiff indicated that he had previously carried out other treatments without success and that he had attended the current institution, the website Fiscales.gob.ar reported today. After starting his care there, Elevar reduced his coverage, preventing the man from continuing with his rehabilitation.
After analyzing the case, the person in charge of the Federal Civil and Commercial Prosecutor’s Office and Federal Administrative Litigation No. that the right to human health and well-being, protected by the National Constitution and various international instruments, will not be affected.
In his opinion, the representative of the Public Prosecutor’s Office (MPF) highlighted the different bills that contemplate the inclusion of pathological addiction to gambling as a disease and its inclusion within the Mandatory Medical Program (PMO).
He also referred to Law No. 26,657, which enshrines the right to Mental Health Protection, and Law 6,330 of the Autonomous City of Buenos Aires (CABA) on Prevention and Awareness of Pathological Gambling and assistance to those who already suffer from it. their families.
Gilligan stressed that in 2014, through Law 26,934, the “Comprehensive Plan for Addressing Problematic Consumption (Plan Iacop)” was created, which defines problematic consumption as one “that, with or without any substance, affects negatively, chronically, the subject’s physical or mental health, and/or social relationships”.
The regulation states that “problematic consumption can manifest itself as addictions or abuse to alcohol, tobacco, psychotropic drugs -legal or illegal- or produced by certain compulsive behaviors of the subjects towards gambling, new technologies, food, shopping or any other consumption that is diagnosed as compulsive by a health professional”.
After analyzing the current regulations and the records of the case, the prosecutor pointed out that the delay in payments by Elevar resulted in the interruption of the treatment prescribed to the member.
“It is detrimental to the plaintiff’s right to health that the defendant is allowed to deny the requested medical service, without proving or refuting in the specific case the provisions of a health specialist,” said the representative of the MPF.
Thus, it concluded that “the actions of the defendant generate a constitutional injury to the amparo, while denying the necessary medical benefits, putting their health and well-being at risk.”
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