COSMOVISIÓN INDÍGENA, PLURALISMO, RAZONAMIENTO JUDICIAL Y HABEAS CORPUS SOBRE RESTOS MORTALES VELARDE ALCOBA, OSORIO OPORTO y ÁVALOS ZAMUDIO (Hospital Clínico “Viedma”)

Abstract

The commented ruling granted a habeas corpus for the use of a cadaver as a warranty for the payment of a hospital bill. The Court employs indigenous cosmovision in order to consider that human remains have human dignity and, in same way, the corpse “it is still alive”. The most relevant aspect of this decision is that indigenous categories are not utilised in order to protect “minorities” but in a more abstract level (the definition of “death”), despite the fact that none of the parties self-identified as indigenous or included any indigenous cultural element in their claims.