The sentence for institutional gender violence corresponds to the First Associated Judicial Management Court and bears the signature of the civil judge Fabiana Martinelli, who ruled in favor of the plaintiff, Laura Martínez.
The damages invoked refer to the psychological problems suffered by the teacher after the institutional refusal to perform administrative and teaching tasks, something that had been previously imposed on her.
When in 2016 the psychophysical certificate was denied, Martínez had overcome vocal cord problems due to treatment with an otolaryngologist and even more so: he had lost more than 10 kilos of weight due to treatment with a nutritionist. However, for the occupational health area of the school government, the teacher was still not suitable for work.
During the hearing of this civil trial, Martinelli said, “I could observe that Mrs. Martínez was very overwhelmed in her self-esteem: she was aware that she had a body mass index higher than that indicated as non-pathological but she presented herself as a lucid, active woman. and that in sight, she did not seem unable to perform any task “.
“The body mass index by itself is not enough in any way to determine the existence of obesity pathology, being necessary other parameters and studies that have not been carried out on the plaintiff or at least, there is no evidence that they have founded the non-fitness declared “.
The teacher was represented by attorneys Carolina Jacky and Carlos Lombardi.
The DGE You have 10 business days to pay $ 1,350,000 to the plaintiff although it is discounted that she will appeal in the next instance provided for by law.
The magistrate considered that “the duplication of unfit (provided by the Occupational Health of the DGE) for teaching and administrative tasks also implied, in Ms. Martínez, the concern of not being able to obtain the change of functions foreseen in the legislation for teachers with specific pathologies “.
It also affected the possibilities of progress in the provincial educational structure: “I cannot forget, in addition,” said Judge Martinelli, that for long periods he has not been able to access substitute teaching positions, which also paid him a very important extra salary at times when that we live”.