The announcement, made on February 5, shocked the international community and raised alarms at home. Legal experts argue that Argentina cannot leave the WHO unilaterally, since the country’s membership is based on a treaty that must be reviewed and approved by Congress.

“The only constitutionally valid path would be through Congress, which makes a fast-track exit highly unlikely,” explained a constitutional lawyer cited by local media. 

Jurists also warn that trying to move forward solely by presidential decree would create serious legal challenges, with the Supreme Court likely to declare the measure unconstitutional. This was stated by presidential spokesperson Manuel Adorni:

🚨 | ARGENTINA SE RETIRA DE LA OMS

“Junto al gobierno de Alberto Fernández nos llevaron al encierro más largo de la historia de la humanidad”. pic.twitter.com/r4JhGBX0rm

— Los Herederos de Alberdi (@LHDA16) February 5, 2025

Health experts’ opinion

“Any attempt to withdraw from the WHO by decree would be legally invalid and open to challenges in both the courts and the legislature,” noted another legal expert. 

Beyond the legal hurdles, public health specialists stress the practical risks. By leaving the WHO, Argentina would be excluded from international coordination in health emergencies, disease prevention programs, and global health standards.

The country would also lose access to vital information, vaccines, medical supplies, and technical support in times of crisis. 

“We cannot be left out of the global health agenda, especially after the Covid-19 crisis. Future epidemics and pandemics are real threats that demand global frameworks for preparedness and response,” said former Health Secretary Adolfo Rubinstein. 

For now, both Congress and the judiciary are preparing to review the legal viability of Milei’s decision, as the country faces a growing climate of political and public health uncertainty.