Costa Duran, Mabel y other c / Municipality of Vicente Lopez.
Summaries:
1 .- The laws ensure reproductive health information and access to contraceptive methods and services to people required to promote choice, respect the right to privacy of individuals, contained in art. 19 of the Constitution by accepting individual choice in contraception. Furthermore I believe that coercion can not be imposed on all people to use contraceptive methods that no religion imposes on its believers, or prevent access to contraception, or married or single, as is the imposition of nature would violate the right to privacy of individuals.
2 .- Interpretation of the standard grammar does not follow that the same is found to be unconstitutional or arbitrary, quite the contrary policy state to seek coordination with parents to preserve the sexual and reproductive health of children, without imposing mandatory forms of contraception, but through coordinated information with the parents for the purpose of preventing teenage pregnancy, AIDS infection and transfer venereal disease conforms to the precepts of our Constitution.
3 .- When the emphasis is on a historical analysis of the ancient history of the rule, it turns out that state activity is subsidiary in relation to parental authority, we think that can not be subjugated the rights of parents state interests or displaced by them as happened in Nazi Germany and the Russian SSR. In this sense, the fact is incomparable to remove children from their parents to provide education to communist or indoctrinated in Nazism to provide sex education in order to prevent teenage pregnancy and AIDS transmission, you can not talk in the latter case from arbitrary state interference or the child being removed from power paternal - maternal.
4 .- It should be noted that article 1 of the 23798 declares of national interest the fight against Acquired Immune Deficiency Syndrome, with special emphasis on educating the population. And in the 4th article of law clause to oblige the authorities to develop programs compliance of the actions described in article 1st. And in his article states that health authorities should comply with the reporting system is established. It is undisputed that the Ordinance in question does nothing but set the standards community needs to provide sex education to AIDS which is a way of preserving the health and ultimately the lives of the inhabitants.
5 .- The reasonableness of providing sex education as a way to fight a pandemic that is ravaging the world does not seem unreasonable, and violates the rights of parents in the exercise of parental authority. The fight against AIDS is a matter of general interest that compromises the entire population at both the right and duty of parents to educate their children as it pertains to sex education, not when you dictate arbitrarily invaded regulations determining who will report on AIDS which logically leads to information about sex education.
In the city of San Isidro, on the 8th day of May two thousand and one thousand gather in agreement the Judges of the First Chamber of the First Chamber of Appeals in Civil and Commercial Judicial Department San Isidro, doctors Roland Arazi, Carmen and Graciela CABRERA MEDINA, for sentencing in the trial: "LAST OF COSTA, Mabel and other c-CITY OF VICENTE LOPEZ s-under", and having duly performed the applicable drawing (arts. 168 of the Constitution of the Province and 263 of the Civil and Commercial Code), is to be observed the following order: Drs. MEDINA, Arazi and propose and vote CABRERA resolved as follows:
QUESTION Is it just the original ruling?
VOTE THE QUESTION RAISED THE JUDGE SAID DR MEDINA: 1 .-
these cars come to the attention of this appeal under the appeal filed by the defendant against the decision (pages 192-210) which the writ of amparo.
The actors are present in their own right and on behalf of their minor children posing amparo against the Municipal Ordinance 14,487 Program for Sexual and Reproductive Health "issued by the Municipality of Vicente Lopez, considering that this is unconstitutional because it violates the right - the duty of parents to provide sex education to their children, point to highlight the attitude of the state against parental authority is secondary and understand that the Ordinance constitutes an intrusion of state in an area that is custodial parent.
The ruling by the Family Court Collegiate No. 2 San Isidro makes room to shelter in split vote, the majority holds that the said ordinance violates the Convention on the Rights of the Child to which our country has embraced by making a reservation in relation to art . 24 inc. f. says that "it is considered that issues relating to family planning regarding parents so delegated in accordance with ethical and moral principles, interpreting it is the obligation of States to take appropriate measures for parental guidance and education for responsible parenthood ".
The Court majority held that the ordinance was unconstitutional because it involved an intolerable state interference in the exercise parental custody.
In grievances that fs.212-213 added to the defendant complains of that decision because 1) did not notice that the said ordinance requires informed consent and in the case of minors it must be given by parents 2) The reproductive health ordinance does not violate the right at any time - duty of parents to educate their children, but seeks to meet the state requirements on health and prevention, managing information and the education provided by parents 3) That the state with the dictates of the rule does not displace the authority of parents or sex education imposed coercively fixed moral ethics.
Stated in these terms the question to be decided warn that there are two clear rights of constitutional content in apparent conflict on the one hand the right - the duty of parents on the exercise of parental authority, natural law content, above it to the state constitution, and that the law should recognize and intervene in the single alternatively, in front of it is the duty of the state in terms of health and primary duty of prevention. In order to answer the question for clarity, I need to make the analysis of some preliminary questions necessarily linked to the decision to make.
. Role of judges from ordering, a declaration of unconstitutionality. The need for a consistent interpretation.
. The reproductive health laws.
. Ordinance Sexual and Reproductive Health of the Municipality of Vicente Lopez. Interpetación challenged ordinance.
. Listing of some foregoing compared.
. The interest of the child as a guideline to interpret the Convention on the Rights of the Child
2.
interpretation of the constitution deems it prudent to highlight that should be declared unconstitutional only when it is impossible to reconcile a rule or a state act with the provisions of the Constitution, which is why, before declaring the unconstitutionality must make the effort to seek interpretation that reconciles those standards or state acts with the Constitution (Bidart Campos, Hermann, Elementary Treatise on Constitutional Law Argentino), Volume IA, Bs.As, 1999-200, p. 382) ..
In this regard, the Supreme Court has argued that "matter of statutory interpretation to be preferred which best match the guarantees, rights and principles enshrined in the Constitution. So I only accept that it is susceptible of constitutional objection when she is glaring, and the text discussed is not legally liable to another consistent with the Constitution "(SCJ Faults 14:425, 200:187, 105:22).
In this context, there is an interpretation of the ordinance of "reproductive health" which necessarily leads to its declaration of unconstitutionality and other interpretation that can defend the constitutionality of that rule, the Supreme Court's jurisprudence teaches us bow of the latter alternative.
To determine which is the way to go I do a test of the constitutionality of the rule in a way, trying to determine their reasonableness, for which the bottom line is that the means chosen to achieve a valid objective and competence commensurate with that enough end (Bidart Campos, Hermann, Elementary Treatise on Constitutional Law Argentino, Tomo I, Buenos Aires, 1995, pg. 362).
3. Reproductive health laws.
In the 90 have been passed in several provinces, reproductive health laws that aim to provide general information about the various techniques of birth control, the need to use of condoms to prevent the spread of HIV and make clear that physicians may order these practices (the Province of La Pampa adopted in 1991 the 1363 Act "LA 1992-A-914" "Provincial Program Responsible Parenthood." Mendoza issued Reproductive Health Act 6433 in 1996 (LA 1996-C-4207). Neuquén issued in 1997 the 2222 Law on Sexual and Reproductive (LA 1998-A-963). San Juan issued in 1997, Act 6794 (LA 1997 - C-3267), Formosa enacted Law 1230 in 1997 (LA 1997-B-2087). Black River in 2000 passed the Law on Reproductive Health and Human Sexuality (LA 2000-6367). The Legislature of the City of Buenos Aires, passed the Law on Reproductive Health and responsible for the June 22, 2000.) -
These laws have been challenged as to its constitutionality, for my part I think - in general terms then analyze the issue of children - in both law guaranteeing reproductive health information and access to contraceptive methods and services to people who need to promote choice, respect the right to privacy of individuals, contained in art. 19 of the Constitution by accepting individual choice in contraception.
also estimates that can not be imposed coercively to all people the use of contraceptive methods impose any religion the faithful, or prevent access to contraception, or married or unmarried persons, since a tax of this nature would violate the right to privacy of individuals.
is to remember two famous precedents of the Court of the United States indicated that it was infringing the right to marital privacy by prohibiting contraceptives to married people, "Griswold v.. Connecticut 381 U.S. 479 (1965)" and the subsequent failure considered was in violation of the right to privacy the contraceptive practices to prevent married and unmarried. "Eisenstard v. Baird" (405 U.S. 428 (1972) varying from one to another precedent that one is defending the privacy marriage and the other the privacy of every individual.
4. Ordinance sexual and reproductive health of the Municipality of Vicente Lopez
For a better understanding of this sensitive issue should transcribe the Ordinance in question in its two key articles.
Article 3:
The objectives of the Comprehensive Sexual and Reproductive Health are:
a) Guarantee the right to enjoy the highest attainable standard of physical and mental health throughout the life cycle, especially in the area of \u200b\u200bsexual and reproductive health on the basis of equality between men and women.
b) Ensure equal access of men and women to information, education and benefits, methods and facilities for the exercise of their sexual and reproductive rights.
c) To ensure comprehensive care for women during pregnancy, childbirth and postpartum.
d) Reduce maternal and infant morbimortabilidad.
e) Establish specific policies for information, education, counseling, prevention and attention to sexual and reproductive health of adolescents.
f) To prevent unwanted pregnancies, especially through education and information.
g) Provide information on the ages and periods intergenésticos most suitable for reproduction.
h) Ensuring information access, prescription and placement of the various contraceptive methods and services to prevent unintended pregnancies by providing advice on the effectiveness, benefits, contraindications and proper use for each particular case and promoting freedom of choice.
i) develop actions aimed at prevention, early diagnosis and treatment of diseases geniotomamario and / or prostate.
j) Disseminate information to the prevention of HIV / AIDS and other sexually transmitted diseases; take the necessary steps for early diagnosis and timely treatment.
k) Implement psycho services delivery.
l) Promote participation of men in the care of pregnancy, childbirth and postpartum, reproductive health and responsible parenthood.
m) To guide the demands relating to infertility and sterility in both male and female.
n) Give priority to reproductive health care of / these adolescents, particularly adolescent pregnancy prevention and care of pregnant adolescents.
o) Ensure the existence of different services and occupational health centers and health workers trained in sexual and reproductive health from a gender perspective.
p) Coordinate with the family, educational institutions, community organizations and other NGOs, the implementation actions of information, education and counseling on human sexuality, sexual and reproductive health and responsible parenthood, especially on effective prevention of sexually transmitted diseases and HIV / AIDS.
Article 4:
It guarantees the implementation of the following:
a) Complete, accurate and personalized information on the variety of contraceptive methods, the benefits and possible consequences secondary, and their correct use for each particular case, protecting the privacy, confidentiality and the right to informed consent.
b) Studies and necessary checks prior to prescribing the method contraceptive choice and the monitoring required by this method.
c) Limitation of the following non-abortive contraception, which in all cases are reversible and transient in nature, adopted by the Ministry of Health of the Nation, elected freely and voluntarily by the / the beneficiaries, unless specific medical contraindications after receiving complete and accurate information by the professionals involved: Periodic abstinence
1.
2 barrier: female and male condoms and diaphragm.
3 Chemicals: creams, gels, foams, pessaries and sponges. Hormonal
4: outpatient oral, injectable monthly gestagens deposits. 5
Intrauterine devices.
6 Any other abortion method in the future will be properly investigated and approved by the Ministry of Health of the Nation (ANMAT).
d) Provision of necessary resources and if required, carrying out medical practice for the contraceptive method chosen.
e) Periodic evaluation of performance.
f) Development of integrated care for pregnancy, childbirth, postpartum and lactation in appropriate conditions, protecting the privacy and dignity of persons assisted.
g) Design and implementation of communication strategies and education for so especially of adolescents, both within and outside the education system.
h) Promotion of joint reflection, to the extent possible, between adolescents and their parents about sexual and reproductive health and prevention of sexually transmitted diseases.
i) Information about the condom is currently the only contraceptive method at the same time, prevents HIV / AIDS and other sexually transmitted diseases.
j) The adoption and development of systems for registration, supervision and monitoring oriented services / users and the actions envisaged by this ordinance to improve the quality of services, statistics disaggregated by sex and age.
k) Design and implementation of information campaigns, counseling and public education in support of health and reproductive rights, especially on priority issues such as gender equality, violence and discrimination against women, the responsibility male family planning, sexually transmitted diseases and HIV / AIDS, teenage pregnancy, safe motherhood, prevention, early detection and treatment of breast cancer, cervical cancer and other types of cancer reproductive system.
l) Ongoing training with an interdisciplinary approach to all / the health workers, education, nongovernmental organizations and neighborhood leaders, and the professionals who provide the services specified in this Ordinance, incorporating a gender perspective.
m) Coordination of actions with different government agencies, private and non governmental organizations which, by its nature and purpose, can contribute to the achievement of the objectives of the Comprehensive Sexual and Reproductive Health.
n) Coordination of actions between the different providers in order to form a network of services.
5) Interpretation of the Order of "sexual and reproductive health of the Municipality of Vicente Lopez."
The Court of First Instance considers that there is an insurmountable contradiction of this rule with the constitutional text. According to the master Nino normative contradiction that there must be two or more rules concerning the same case, with the same scope of applicability and that the rules charged in this case logically different solutions (NINO, Carlos Santiago "Introduction to the analysis of law "Astrea, 1988, p 273) To determine if they are what happens with the law under consideration Ordinance and the Convention on the Rights of the Child constitutional status will realize an interpretation of the first, to that end, I consider necessary to follow the interpretive method de Savigny, who said there are four elements in the interpretation: grammatical, logical, historical, systematic, and is not used separately but each is useful to discover the meaning of the law in a particular case.
Moreover, the value of interpretation is contained in the full weight of teleological factor (the result of the interpretation) and its accurate assessment against the literal text and the use of language, as well as systematic and historical arguments.
In short as I am convinced that the art of interpretation lies in the balance of all its basic elements, I will discuss the interpretation of the "Health Ordinance Sexual and Reproductive Health "from the perspective of grammar, logic, historical, systematic and teleological interpretation, taking into account the peculiarities of the law who are interested in the interests of minors.
6. From a grammatical interpretation of" Sexual Health Ordinance and reproductive Municipality of Vicente Lopez is not unconstitutional. "
grammatical interpretation is one that complies with the meaning of words. One of the questions generated in this matter is whether the interpretation has to stick to the technical sense of vulgar words or meaning, the majority of the literature has concluded that technical sense should prevail, it is presumed to be part of the language specialist employed by the legislature (RIVERA, Julio César Civil Law Institutions General-Part I, 2nd ed., updated, Abeledo Perrot, Buenos Aires, 1998, p. 193. NINO, Carlos)
Our Supreme Court stated that laws be interpreted as the proper meaning of words, without violating its specific sense (CSN 27/7/1976, failures 295:376) but above what the law seem to be saying is literally own interpretation of what they investigate say legally., without eliminating the underlying purpose and spirit of the rule.
The ordinance in question provides in Article 3 inc p) Coordinate with the family, educational institutions, community organizations and other NGOs, the implementation of information campaigns and education and counseling on human sexuality, sexual and reproductive health and responsible parenthood, in particular on the prevention of ... Meanwhile
Article 4 inc. H states "promote joint reflection among teens and parents about sexual and reproductive health and prevention of sexually transmitted diseases." Lastly
art. 4th. inc. In speaking of informed consent which should in principle be given by representatives of minors.
the very wording of the law appears clear:
not imposed on families with a certain education.
No parents are excluded from sex education and prevention.
the state not interfere in a protected area such as the right to reasonable exercise of parental authority.
It protects the right to informed consent and this in principle must be conducted by representatives of children (in one paragraph will clarify because, in principle, as I believe there are exceptions.)
The State seeks to act in coordination with the family in order of health prevention, preventing teenage pregnancy, AIDS infection and transfer of STDs. Interpretation
grammatical rule emerges clearly not arbitrary and therefore not unconstitutional a state policy that coordination with the parents seek to preserve the sexual and reproductive health of children, without imposing mandatory forms of contraception, but through coordinated information with the parents.
7. A historical interpretation has been to assert that the Ordinance on Sexual and Reproductive Health of the Municipality of Vicente Lopez is not unconstitutional
The historical interpretation of state that in the interpretation of national laws should take into account the background called remote and immediate calls .
In relation to the ancient history when the emphasis is on state activity that is secondary in relation to parental authority can not think be subjugated the rights of parents over the interests of the state or displaced by them. As in Nazi Germany and the Soviet Socialist Russia, which for the sake of the interests of state evaded the children of paternal power.
But it is incomparable to remove children from parental power to provide education in communist or Nazi indoctrinated to provide sex education in order to prevent teenage pregnancy and AIDS transmission, can not in this case speak of arbitrary interference the state or the child being removed from power paternal - maternal.
Within the next so-called history we can mention the AIDS Law 23,798 of 31/03/1989 to recognize AIDS as a pandemic against which we struggle through information and prevention. In this law the state is obliged to carry out prevention campaigns in general that includes the three levels of Education, on the other hand, the 1244-91 decree requiring the provinces to bring its laws and comply with these campaigns ..
should be noted that article 1 of the 23798 declares of national interest the fight against Acquired Immune Deficiency Syndrome, with special emphasis on educating the population. And in the 4th article of law clause to oblige the authorities to develop programs for the achievement of the actions described in article 1st. And in his art set that health authorities must comply with the reporting system is established.
is undisputed that the Ordinance in question does nothing but set the standards community needs to provide sex education to AIDS which is a way of preserving the health and ultimately the lives of the inhabitants.
The reasonableness of providing sex education as a way to fight a pandemic that is ravaging the world does not seem unreasonable, and violates the rights of parents in the exercise of parental authority.
The fight against AIDS is a matter of general interest that compromises the entire population at both the right and duty of parents to educate their children as it pertains to education sex is not arbitrarily invaded when regulations dictate that set to be reporting on AIDS that leads logically about sex education.
8. A logical interpretation to suggest that the "Ordinance on Sexual and Reproductive Health" of the Municipality of Vicente Lopez is constitutional.
The logical interpretation is that which by means of induction and deduction is seeking general principles increasingly small number. On the other hand the value the other hand the logic of the current value of the logical interpretation is the "logic of reason."
In this interpretation as reasonable, it is unreasonable for the State can not provide information on sexual education, contraception if the interests of the general population is to defend the right to life and health.
ordinance sexual and reproductive health issued by the Municipality of Vicente López is reasonable because the means chosen to protect health are appropriate to the end and not encroaching on the rights of parents but rather complement these as we have stated in recital ....
9. Induces a teleological interpretation to say that a rule of sexual and reproductive health that aims to prevent and avoid early pregnancy, fight AIDS and protect the health, through information jointly by state and family can not be attacked as unconstitutional ..
The teleological element admits a dual formulation, first the interpretation must be linked with the purpose of the law and the reasons that led to its approval and the time it was issued, ie the Ratti and the legislative Ocassio .
Moreover, the interpreter can not be separated with the result interpretation.
the Supreme Court has said that the interpreter can not be divorced from the consequences of a failure since that is one of the surest indicators to verify the reasonableness (C: S: J: N ED ED 95-554 and 116-308) .
This leads us to wonder what the consequence that prevents the state to teach and to prevent about the risks of AIDS or an early pregnancy to minors.
The consequences in many cases be disinformation and misinformation in this case is unreasonable, primarily because the consequences in the case of AIDS laws incumbent on public health policy are required for the population. Just as people can not refuse a mass vaccination campaign can not deny parents an overview that aims to prevent death, help to responsible parenthood and provides no coercive methods.
From the point of view of private law is also unreasonable to deny children the knowledge and access to contraception
This raises an interesting point, and if the state can inform children about birth control and whether the doctor should prescribe these methods taking into account minor children are subject to the parental rights of parents (art. 264 of the Civil Code) .. In principle, informed consent is needed, but also the refusal of such consent by the parents under the age of 16 would not pass the test of reasonableness for two reasons.
A) In our country, children over 16 years do not need parental permission to recognize children born out of wedlock. This is expressed clearly in Article 286 of civil code, saying " The smallest adult does not need permission from their parents to recognize children ......" ......
is absolutely clear that if the adult child must recognize children born outside marriage without parental consent, you can also take the contraceptive practices legitimate to avoid them.
B) In addition if the child does not recognize these children out of wedlock liable for damages (MEDINA, Graciela "Responsibility for lack of recognition of child", Journal of Damage N º) for non-recognition, it so lacks any justification to deny minors access to the techniques of birth control and load them with the duty of the recognition of the children who are prevented and prevent the damage it generates.
If the child from the age of 16 has a personal obligation to recognize their offspring and is personally responsible for not doing so, you can not prevent access to the techniques of birth control in order to parental authority, when Parents who object will never be responsible for the child conceived, or the non-recognition.
10. History of comparative law. The origin of most anticipated.
capacity rules are rules that govern the scope of contracts while the idea of \u200b\u200bcompetition is related to you personal rights and the notion of there own body in order to provision of his body indicated that children have a "race early."
I note that in order for knowledge of children just need to have 16 years of age, while for hire are required 21 years of age., Then appears as a majority there early in the child's right to their own body and must take responsibility for the fruit of conception. In this vein also be allowed to prevent conception by lawful methods is not abortion.
Under common law concept grew out of laws on contraception to avoid conflict arose existene between general rules and legislation criminal. In effect the criminal code condemned all sexual intercourse with a girl under age 16 and began to consider the problem of the distribution of contraceptives in people who have not reached the age of majority. The English Department of Health issued a resolution on the use and condom use by children who had not attained the age of sixteen, in some way encouraged doctors to provide these items when they were needed, adding that as far as possible should be obtained parental consent. Mrs. Victoria Gillick, mother of five girls under qu wanted local authorities assured their daughters would receive contraceptives without their consent, administration did not answer your request so sued, argued that qu delivery of contraceptives to minors interfered with the exercise of their right to legal custody. The Court of Lords rejected his proposal indicating that parental rights exist only to benefit their children and enable them to discharge their duties and that the right of parents to choose whether or not their children will follow a medical treatment ends when the children are able to grasp the proposed option (Conf. Kemelmajer de Carlucci, Rosa Aida "The child's right to his own body," "The human person" collective work directed by Borda, Guillermo, 2001 -. ed P Act. 258) .
The Gillick case is attributed great importance in all European and Canadian legislation later in the younger age of the child's ability to authorize medical treatments.
11.-The right to health
The right to health and physical integrity are being recognized in the Constitution, Argentina, and the various treaties to which our legal system has agreed to constitutional status from the reform made in in 1994 (art. 75 paragraph 22 of the Constitution).
Health as value and fundamental human right is recognized and protected in various community and international instruments on Human Rights, which now enjoy constitutional status (Art. 75 paragraph 22 of the Constitution, reformed in 1994), namely: Universal Declaration of Human Rights, UN, 1948, arts. 3 and 8, the International Covenant on economic, social and cultural, art. 12 paragraph 1 and 2 ap. D, the American Convention on Human Rights, arts. 4, paragraph a, 5 paragraph 1 and 26, Convention on the Rights of the Child, art. 24 inc. 2 °. In sum, within the fundamental human rights recognized in the various documents that apply in the domestic Argentine State, is the right to physical and mental health. It is possible to recall the classic definition of health given by WHO, performing for such is not the simple absence of disease, but since the "physical and mental balance and emotional
.- The preamble to the World Health Organization (WHO) states that" the benefit of enjoying high levels of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition "(see GIOVANNI BERLIGNER, Health Ethics, Edit. Lugar, Medical Council of the Province of Córdoba, 1996, p. 31, HOOFT cited by, Peter F., in re "Navas, Leandro v. Medical Care Work Institute," LL-1991-D-77 and ED 144-225). Law whose violation was historically appreciated by physical attacks causing injury to the body, and today, has acquired a new dimension in his face detention, connected with the right quality and dignity of life (SAUX, Edgardo I., Liability for transmission of diseases, VV . AA Responsibility, op. cit. No 5, p. 629 et seq. On the scope and number of points of view from which it has attempted to define the concept of "quality of life", see Quality of Life. The new medical dilemma, Edited by James J. Walter and Thomas A. Shannon, Paulist Press, USA, 1990.)
In the case brought to a resolution involving the right to health of the population in general and individuals in particular . It is undisputed that the State must guarantee the right to health and therefore inadmissible as unconstitutional a provision that seeks to prevent deadly diseases through information such as AIDS, venereal diseases such as extremely serious, or causes of death such as early pregnancies. Especially when the means adopted are unreasonable and do not care about eugenic practices, or abortion, or coercive.
12. The interests of the child as north to interpret the Convention on the Rights of the Child
I have interpreted the rule which consitucionalidad is questioned from the classic features, but I can not ignore that in interpreting the Convention on the Rights of the Child can not be ignored that There are basic guidelines to serve as a guide, the most important of these is the "best interests of the child." Notes
Weingbert Rock in the work that goes "Convention on the Rights of the Child" that Article 3rd. of the Convention Center provides that in all actions concerning children, take the public and private institutions, courts, administrative authorities or legislative bodies, should be addressed primarily to the "interest of the child." This traditional principle in legislation in force in our country, has two basic purposes: decision pattern become a conflict of interest and criteria for institutional intervention aimed to protect the child. The principle provides an objective standard that allows the child to resolve conflicts with the adults that they care. The decision is defined by what is most beneficial for the child. In this way against an alleged adult interest is prioritized the child "(WEINBERG, Ines" Convenión on children's rights "Ed.Rubinzal - Culzoni p. 44)
The case has become the best interest of the minor will provide preventive sexual education to prevent health hazards that we have previously pointed out, especially when once again insist that contraception does not matter to establish a compulsory, as in China, eugenic practices as in Nazi Germany, neglect of parental rights because it does not relieve parents of their education and prevention duties in order to the health of their offspring. Vote
therefore the
A NEGATIVE .- the same issue and CABRERA DE CARRANZA Dres.ARAZI also voted for the NEGATIVE .-
With the ending of the Agreement, gives the following: Judgement
As instructed by the Agreement above, and regulations cited above, the original ruling is revoked, not taking place under the request of the plaintiffs, with costs of both instances to the plaintiff (art.68 CPCC) .-
Taking into account the nature, importance and merit of the work carried out in these actions by Dr. Laura Lopez, Dr. Jose Ognio and Dr. Eduardo Costa, before the Court, fíjanse their fees in the sum of ONE HUNDRED AND FIFTY, THREE HUNDRED AND EIGHTY TWO HUNDRED dollars respectively (art. 2, 14, 16 inc. b), c), 31, 49 and cc of the Act 8904) .-
Register, report and promptly refunded .-
0 comments:
Post a Comment