All for all and for free: coordinates to turn impracticable a health system

Abstract

This paper aims to analyze a decision by the Argentinian Supreme Court of Justice involving the civil organizations DE.FE.IN.DER. (Defensa en el Ámbito Federal e Internacional de Derechos – National and international defence of rights) and "Pequeña Obra de la Divina Providencia" versus the Argentinian National Institute of Social Services for Pensioners. First, a reference to the case ‒a tight synthesis‒ is made, clarifying: the litigants; the claim; the interposed procedural in successive instances, as well as the arguments by each one. It is noteworthy that the maximum Argentinian court has accepted the class-actions as a way to force the Argentinian National Institute of Social Services for Pensioners to provide the complete package of benefits to persons with disabilities, beneficiaries of non-contributory pensions. Second, it is presented the integration of the health system in Argentina and a number of assumptions related to the tense relationship between the justice and the utility for justifying the human rights, in general, and the right to health, in particular.