The Federal Public Defender’s Office (DPU) and the Public Defender’s Office of the State of Rio de Janeiro (DPRJ) filed a lawsuit, on March 27, to ensure that children up to 2 years old, diagnosed with an allergy to cow’s milk protein (APLV), have access to special milk. In pharmacies, a can of soy-based formula can cost more than R$200.
The institutions ask that the Union adopt measures, within 90 days, to regularly and effectively provide essential nutritional formulas for these children. Although these formulas have been incorporated into the Unified Health System (SUS) since 2018, the necessary administrative actions to ensure adequate distribution have not yet been implemented.
“Almost six years after the incorporation of nutritional formulas for children with CMPA aged 0 to 24 months and with a favorable recommendation for the publication of the Clinical Protocol and Therapeutic Guidelines (PCDT) since 2022, there has still been no effective dispensing to the child population in need of such formulas for adequate and health-safe nutrition”, highlights the regional human rights defender of the DPU in Rio de Janeiro (DRHD/RJ), Shelley Duarte.
Requests
The defenders asked the state of Rio de Janeiro, within 30 days, to draw up a state program for the distribution of formulas in adequate quantities to serve patients in the state. The objective is to guarantee universal, equal and comprehensive access to health. Data from the Health Conflict Resolution Chamber in the city of Rio indicate that, between 2019 and 2022, in the Capital District alone, 519 requests were registered to obtain special milk.
Furthermore, the defenders requested the publication of the Clinical Protocol and Therapeutic Guidelines (PCDT) for Allergy to Cow’s Milk Protein and the feasibility of agreements on responsibilities for financing, acquisition, distribution and dispensing of the product within the scope of the SUS. The absence of this protocol and the lack of definition regarding the responsibilities of each entity in the process of purchasing and supplying formulas have been obstacles to the offering of these products by the public system to all allergic children up to 24 months of age.
“Such nutritional formulas are essential so that children with CMPA from 0 to 24 months can feed, live and be able to develop and grow in a healthy way, on an equal footing, with children who are born without allergies and can be fed by through breast milk, calmly. Health and nutrition indicators reflect income and race inequalities in our country, and should be considered in planning and improving public health policy”, argue the institutions
Tags: Federal defenders demand special milk allergic children court
