The Third Chamber of the Supreme Court filed a protective appeal filed by the father of a child with Down Syndrome and ordered the Hive Insurance Company to provide coverage to the plaintiff’s son’s illnesses.
«Even if science can unravel all aspects of the topic being discussed, the maxims of experience support that, as far as the legal realm is concerned, an individual with Down syndrome cannot be described as sick, since his condition is a differentiation in his genetic conformation that results in a variant more within the natural and natural diversity of human nature , but that in any case it can place it in the category of the pathological, let alone in a position of impairment of its dignity, in which it must be considered on an equal footing, with greater reason in the legal field and in the full acquisition and enjoyment of its rights», established the highest court in its judgment.
The resolution further stated that, by subscribing to the insurance, the plaintiff declared all of his son’s pre-existing illnesses stating that he suffered from asthma and hypothyroidism and that «it was not required for the insured to declare a non-pathological condition as his child’s pre-existing illness, such as Down syndrome.»
For that reason, the Supreme Court said, «the excuse made by the insurer to refuse to reward the expenses incurred by the health benefits received by the child of cars is unfounded.»
«»The provision of a health benefit constitutes the satisfaction of a need in the general interest of citizens and which for this reason it is for the State to ensure that it is granted in a regular, permanent, uniform, objective and non-discriminatory manner, on the basis of its mandatory nature, which allows it to be materially classified as a public service activity, in which it cooperates by individuals» Added the bug.