B.
Rights to recognition of juridical personality 222, life 223, personal liberty 224, humane
treatment 225, health 226, access to information 227, equality and non-discrimination 228
(Articles 3, 4, 5(1), 7(1), 7(3), 13(1), 24 and 26 of the American Convention)
1.
General considerations on the international obligations of the States with respect to
persons with disabilities and the principle of equality and non-discrimination
113.
Both the IACHR and the Inter-American Court have noted that since the beginning of the interAmerican system, and as it has evolved, the rights of persons with disabilities have been vindicated. 229 In
addition, the IACHR has indicated that every person who is in a situation of vulnerability, such as persons with
disabilities, has the right to special protection. 230 This is in light of the special duties that the State must assume
to satisfy the general obligations to respect and ensure human rights. 231
114.
The Court has indicated that “it is not sufficient for States to refrain from violating rights, and
that it is imperative to adopt affirmative measures to be determined according to the particular protection
needs of the subject of rights, whether on account of his personal situation or his specific circumstances, such
as disability.” 232
115.
In this regard, it is an obligation of the States to strive to include persons with disabilities by
means of equality of conditions, opportunities, and participation in all spheres of society 233 to ensure that legal
or de facto limitations that perpetuate or deepen that vulnerability and exclusion are dismantled. 234 Therefore,
it is necessary for the States to promote practices of social inclusion and to adopt measures of positive
differentiation to remove those barriers. 235
116.
The Inter-American Convention on the Elimination of All Forms of Discrimination against
Persons with Disabilities is the first international human rights instrument specifically dedicated to persons
with disabilities. The IACHR notes that Ecuador ratified that treaty on March 18, 2004. 236
Article 3 of the American Convention provides: Every person has the right to recognition as a person before the law.
Article 4.1 of the American Convention provides: Every person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
224 Article 7 of the American Convention establishes, as relevant:
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the
constitution of the State Party concerned or by a law established pursuant thereto.
3. No one shall be subject to arbitrary arrest or imprisonment….
225 Article 5(1) of the American Convention indicates, as relevant: 1. Every person has the right to have his physical, mental, and moral
integrity respected….
226 Article 26 of the American Convention establishes, as relevant: The States Parties undertake to adopt measures, both internally and
through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by
legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural
standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.
227 Article 13 indicates, as the relevant part: 1. Everyone has the right to freedom of thought and expression. This right includes freedom
to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art,
or through any other medium of one's choice.
228 Article 24 of the American Convention establishes: All persons are equal before the law. Consequently, they are entitled, without
discrimination, to equal protection of the law.
229 IACHR, Report No. 7/14, Case 12.739, Merits, María Inés Chinchilla Sandoval et al., Guatemala, April 2, 2014, para. 157. I/A Court HR.
Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No.
246, para. 128.
230 IACHR, Report No. 7/14, Case 12,739, Merits, María Inés Chinchilla Sandoval et al., Guatemala, April 2, 2014, para. 158.
231 IACHR, Report No. 7/14, Case 12,739, Merits, María Inés Chinchilla Sandoval et al., Guatemala, April 2, 2014, para. 158.
232 I/A Court HR. Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31,
2012. Series C No. 246, para. 134.
233 I/A Court HR. Case of Chinchilla Sandoval V. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of February 29,
2016. Serie C No. 312, para. 208.
234 I/A Court HR. Case of Chinchilla Sandoval v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of February 29,
2016. Serie C No. 312, para. 208.
235 United Nations, Committee on Economic, Social and Cultural Rights, General Comment No. 5, 1994, para. 13.
236 Information available at the webpage of the Department of International Law of the Organization of American States:
http://www.oas.org/juridico/spanish/firmas/a-65.html
222
223
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