Rural Psychiatric Institute Virgen del Rosario, Inc., et al. v. Minister of Health and Social Welfare

Exped. No. 14695 (1998)

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Rural Psychiatric Institute Virgen del Rosario, Inc., et al. v. Minister of Health and Social Welfare

Venezuela Supreme Court
Exped. No. 14695 (1998)

Facts

The Rural Psychiatric Institute Virgen del Rosario, Inc., and several other psychiatric institutes (collectively, the institutes) (plaintiffs) filed for a writ of constitutional protection against the Venezuelan minister of health and social welfare (the minister) (defendant). Pursuant to contracts with the minister, the institutes housed and cared for the chronically mentally ill from rural areas with low or no financial resources. Many of the institutes housed these individuals for their entire lifetimes. Since 1992, the contracts between the institutes and the minister had been renewed annually, but in 1998 the minister failed to renew the contracts immediately due to a lack of funds. Even when the funds became available, the minister did not renew the contracts. The petition for a writ of protection alleged that the minister’s failure to renew the contracts violated (1) the institutes’ right to property because the minister failed to remove the patients from the institutes, which were forced to house and care for patients without compensation; and (2) the right to life and health of the mentally ill whom the institutes served. There was evidence that the patients were not receiving optimal care at some of the facilities.

Rule of Law

Issue

Holding and Reasoning (La Roche, J.)

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