The Supreme Court confirmed the ruling of the Federal Criminal Cassation Chamber that had condemned the ANSeS to pay those benefits to the inmates of the Women’s Detention Center Unit 31.
The Supreme Court of Justice of the Nation confirmed the sentence of the Federal Criminal Cassation Chamber who had condemned the ANSeS to pay family allowances per child and per pregnancy to inmates of the Women’s Detention Center Unit 31.
The claim, depending on the site Infobae, promoted by the Prison Procuration of the Nation and the Official Ombudsman through a habeas corpus, had been rejected by the federal justice of La Plata but Cassation admitted it with foundation.
In his sentence, the Supreme Court considered that the interpretation given by the Cassation Chamber the applicable norms had been in favor of the rights enshrined in the Constitution and in international treaties with constitutional hierarchy.
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At the same time the highest court said that the ANSeS had not invoked any rule that excluded claimants from the requested benefits.
What were the arguments of the Supreme Court
A group “of women detained without conviction or who have been for sentences equal to or less than three years who are with their children exercise parental authority, so that denying them the benefit of the AUH, instituted in favor of children, a violation of the principle of non-significance of the penalty matters“.
In turn, the ruling added: “In relation to pregnant women or those who remain in the penitentiary unit with their children up to 4 years, Law 24,714 does not establish a distinction to be beneficiaries of the assignments in question.”
He also explained that “entering a prison does not deprive people of the protection of laws and, first of all, of the National Constitution so that any situation of deprivation of liberty imposes on the judge or official authorizing it the duty to guarantee compliance with constitutional norms, international treaties ratified by the Argentine Republic and the rights of the detainee not affected by the measure in question ”.
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Likewise stressed that according to the International Convention on the Rights of the Child, States must take “all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment because of their condition, the activities or beliefs of their parents. ”
“The status of a woman deprived of liberty cannot be assessed for the denial or loss of social plans, subsidies, services or any other benefit agreed or to which she has the right to access,” said the members of the highest national court.
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