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By Lucas Gutiérrez 

People living with HIV who receive non-contributory pensions have been ordered to obtain a digital medical certificate, without which they will lose their benefits. They report that hospitals lack the training and supplies to issue these certificates. In response, they are calling for a demonstration today, Friday, in front of the National Disability Agency in Buenos Aires, as they claim this new certificate excludes them.

In February, the National Disability Agency (ANDIS) sent formal letters to people receiving non-contributory pensions, some of whom are living with HIV. The letters instructed them to obtain a Digital Medical Certificate within the next 60 days to avoid suspension of their benefits.

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María Sánchez is HIV+ and received this notification. “When we went to the hospitals to get the CMOD (Medical Certificate of Identification), no one was institutionally informed,” she explains, adding that neither the medical staff are trained nor do the health centers have the technology to issue the certificate.

“For example, the hospital in Esteban Echeverría does it, but only for those who are registered there. Other centers, like the Posadas Hospital, give you an appointment, but in 60 days,” says María. She, along with 24 other people who were notified of the procedure, decided to file an injunction in the Federal Court of First Instance for Social Security No. 10.

The Positive Effect Group Foundation (GEP), along with 70 other organizations, forms the National Front for the Health of People with HIV. Together with the Center for Legal and Social Studies (CELS), the Argentine LGBT Federation (FALGBT), and the Huésped Foundation, they submitted a letter to the National Disability Agency (ANDIS) addressed to its Executive Director, Santiago Ibarzabal. In the letter, they request the repeal of resolutions 44/19 and 33/19, which require the renewal of the Mandatory Medical Certificate (CMO) and would affect 40,000 people receiving disability pensions.

Impossible to comply

Hernán Mirasole, the lawyer representing 25 plaintiffs, told Presentes, "What they are being asked to do is impossible." He explained that the petition was reviewed and approved by Federal Prosecutor Gabriel De Vedia. They are now awaiting a response from Judge Viviana Patricia Piñeiro.

María, an activist with the Grupo Positivo organization in La Matanza, said, “We’re going to protest on Friday because if you go to the Argentina.gob website, to the Disability Agency section, our condition isn’t listed in the medical protocol that requires additional tests; they’re excluding us.” She added that a Non-Contributory Pension (PNC) is approximately $7,200: “The basic food basket costs $26,000, and for many people, this is their only income.”

Work capacity

The CMOD (Center for Multiple Disabilities) requires proof of a 76% disability to maintain access to the pension, which poses a threat to HIV-positive individuals. “That a person living with HIV in a vulnerable situation receives a disability pension does not mean they live with any type of disability. What is taken into account is the reduction in work capacity due to the inability to access certain types of jobs,” Matías Muñoz, lawyer and president of the Ciclo Positivo Association, explained to this publication.

“A policy of the Ministry of Social Development from the previous administration allowed people who were unable to have a registered job, any property in their name, who could demonstrate that their basic needs were not met, and who did not have a dependent who could cover those needs, to access this PNC within the framework of having a minimum income,” says Muñoz.

José María Di Bello, activist and secretary of the GEP Foundation, added: “If it’s difficult for anyone to find a job, it’s even more difficult for a person with HIV who is still subjected to forced testing. Understanding this situation, and recognizing that these pensions were granted to those who demonstrated they were in a situation of extreme vulnerability, this is not a benefit, it’s an acquired right.”

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While ANDIS issued an extension for those who need to submit the certificate, Di Bello says they still haven't received any response to their letter. "We went back and they told us they received it, but it's in a department that doesn't have an email address or phone number to contact them." The activist also emphasizes that they haven't received any information in three years about any new pensions being approved for people living with HIV.

“In the letter we requested the repeal based on the fact that these resolutions are based on decrees that were recently ruled unconstitutional by the Federal Social Security Chamber,” explained Di Bello, referring to the decrees related to pensions that were affected during 2016.

The statement also requests the development of clear criteria for the eventual evaluation of non-conforming persons (NCPs), respecting the Convention on the Rights of Persons with Disabilities and the social model of disability with a holistic approach. It further requests prior training for staff and the creation of a clear and accessible list of healthcare providers authorized to process applications before any implementation.