The resolution of an amparo processed in Bariloche ordered the provincial social work to implement and coordinate with the Rio Negro Ministry of Education the presence of an integrating teacher to accompany the pedagogical development of a girl with a disability.
In the presentation of the appeal, the mother of a girl detailed the steps taken in the social work and requested through the protection the coverage of an integrative teacher for her girl, who presents a diagnosis of motor disability and attention disturbance. This situation makes accompaniment essential for developing pedagogical activities.
The social work considered that “the granting of an integrating teacher corresponds to the Provincial Council of Education and is not responsibility to the social work”.
The ruling was first issued on the legal obligation of the social work to provide an inclusive teacher to a girl with a disability. In this regard, recalled that the court has already referred to this in previous proceedings, mentioning that Law 24,901 establishing that “social works will be in charge of mandatory status, covering all the basic benefits of educational rehabilitation and therapy”. To this is added the rights of persons with disabilities, which precisely includes the medical rehabilitation services necessary to benefit their physical, mental or sensory state, when this constitutes an obstacle to their educational integration.
The STJ’s position was also highlighted recalling that in judgments for similar situations it has invoked compliance with international treaties of constitutional hierarchy, so it is the obligation of the social work to assume the responsibility of compromising the participation of the Ministry of Education to obtain compliance with the request.
Finally, the ruling highlights the current regulations established by the Convention on the Rights of Persons with Disabilities, which has dedicated an article to women and girls with disabilities when it says that the States parties will take all the pertinent measures to ensure full development, advancement and empowerment of women, in order to guarantee the exercise and enjoyment of human rights and fundamental freedoms.
The ruling established the obligation of the social works to provide coverage of all the basic benefits set forth in the law that regulates their operation, which include rehabilitation, therapeutic and educational activities. (Source: Judicial Power Press)
