They declared unconstitutional the decision of the City government that adults over 70 have to give notice before leaving their homes, at the risk of contagion from coronavirus. Buenos Aires judge Lisandro Fastman filed for amparo against the measure ordered during the mandatory isolation and spoke of “discrimination” in the City order.
On Monday the Buenos Aires government made the measure official through a joint resolution between the Cabinet chief and the district health ministry published in the Official Gazette. The text indicates that people aged seventy or older should contact the 147 to “identify those exits that can be resolved by the State in collaboration with citizens.” It also explains that these ratings will last 48 hours.
The magistrate declared the unconstitutionality of these measures. He resorted to article 16 of the National Constitution, which establishes “equality before the Law”. “Measure matters one discrimination due to age, which violates the rights and guarantees of the age group to which it is destined, by imposing a greater and distinctive requirement on the rest of the population, “he said.
In a ruling released by the iJudicial site, it was stated that “the imposition” that older adults have to contact 147 before leaving their homes “is a requirement more burdensome for the group of people than for the rest of the population. “It considers that” personal autonomy and decision-making capacity decrease, only depending on age. “
The amparo action was filed by Silvano Lanzieri, a retiree who lives in the province of Buenos Aires, who felt his rights to move was affected and questioned the need to obtain a certificate. He stated that the resolution is “discriminatory” and “cuts off the constitutional rights to work and exercise any lawful industry”, with “arbitrariness, inconsistency and manifest irrationality”.
The judge partially granted the precautionary request and declared unconstitutional the articles that in his opinion violate rights established by the Magna Carta (the obligation to call number 147 and the validity of the permit for 48 hours).
He clarified that before the “possible repercussion that it could have” the ruling adds to the “exhortation of the federal and local executive authorities” for the population to respect “the compliance of the isolation measures in force, so that we can take care of ourselves and all of us to overcome the health emergency in which we find ourselves. “
Sarlo: “It is a selective state of siege”
The City’s measure generated strong rejections among those over 70. The writer Beatriz Sarlo rated it as “a selective state of siege” and considered it to be “highly discriminatory”.
In an interview with TN Central He stated that “in the imagination” of the head of the Buenos Aires government “there are no workers over 70 years old.” This is the product of a cultural and ideological blindness typical of macrism, “he said.
The ruling that declares unconstitutional that those over 70 must notify before leaving
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