IACHR files case with IA Court concerning violations of judicial guarantees and health rights of an older woman in Argentina

October 3, 2024

Washington, D.C. —On July 25, 2024, the Inter-American Commission on Human Rights (IACHR) filed Case 13.342 against Argentina with the Inter-American Court of Human Rights (IA Court). The case concerns violations of Rosa Angela Martino's rights to personal integrity, judicial guarantees, protection, and health during her internment at the Ayelén Geriatric Institute.

Ms. Martino, who had been diagnosed with Alzheimer's disease, was admitted to the Ayelén Geriatric Institute in November 2005. Her daughter, María Cristina González, later sought to remove her mother from the facility, alleging that she had suffered abandonment and neglect that led to malnutrition, dehydration, anemia, and urinary tract infections. On November 9, 2006, Ms. González filed a criminal complaint for abandonment against the National Institute of Social Services for the Elderly (INSSJP) alongside a writ of amparo with an injunction to cover her mother's medical expenses. The injunction was granted by the competent court, but Ms. González claims that it has not been enforced.

In Merits Report No. 444/21, the IACHR determined that as the Ayelén Geriatric Institute was a public institution, the State bore responsibility for the substandard care provided to Ms. Martino, which caused her health to deteriorate. The State failed to present evidence demonstrating that medical staff at the facility provided appropriate care.

The IACHR also noted that no clear explanation was provided for the decision to close the case, despite the State's obligation to conduct a thorough investigation following the complaint. It pointed to significant flaws in the investigation, including a lack of crucial information and the failure to interview medical staff and other witnesses.

The IACHR further determined that the Health Authority failed to ensure that the INSSJP met its obligations to provide Ms. Martino with adequate care.

For these reasons, the IACHR concluded that the State of Argentina is responsible for violating the rights enshrined in articles 5 (personal integrity), 8.1 (judicial guarantees), 25 (judicial protection), and 26 (economic, social, and cultural rights) of the American Convention on Human Rights, in relation to the obligations set forth in article 1.1 of the same instrument, to the detriment of Rosa Angela Martino and her daughter, María Cristina González.

The IACHR recommended that the State of Argentina undertake the following measures of reparation:

1. Provide redress to Rosa Angela Martino's family for human rights violations, including both material and moral damages, along with measures of moral satisfaction.
2. Comply with rulings ordering the reimbursement of the victim's medical expenses, paid by María Cristina González on her mother's behalf.
3. Conduct a thorough investigation into these human rights violations and impose appropriate sanctions, if applicable.
4. Implement measures of nonrepetition to ensure that the Ayelén Geriatric Institute has sufficient medical personnel, resources, and infrastructure to provide appropriate care for older people with degenerative mental illnesses. These measures should include ongoing supervision by the State, in accordance with inter-American standards. Provide training to judicial personnel investigating cases involving inadequate medical care for older people.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 237/24

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