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Federal Judge Overturns Milei’s Veto on Disability Emergency Law

Judge Adrián González Charvay ordered the children’s health insurer to reinstate benefits under the emergency law, citing constitutional and international duties that override fiscal concerns.

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Overview

  • On August 18, 2025, the Federal Court in Campana declared Article 3 of Decree 534/2025 unconstitutional in an amparo filed by parents of two minors with disabilities.
  • The ruling found that Argentina’s constitution (Art. 75.23) and international treaties, including a recent Inter-American Court opinion, bar budgetary objections from reducing protections for vulnerable groups.
  • The court directed the obra social covering B.N. and Y.N. to restore services as stipulated by Law 27.793 and assigned all litigation costs to the State.
  • Although confined to this family’s case, the decision is viewed as a persuasive precedent that may encourage similar legal challenges to the presidential veto.
  • The executive branch retains the right to appeal, setting the stage for further judicial review and ongoing debate over the law’s wider application and fiscal impact.