B.1
The State’s obligation to provide medical care and treatment to
persons deprived of liberty
166.
The Court has repeatedly stated that the right to life is a fundamental human
right in the American Convention, and therefore its protection is essential for the exercise of
all other rights.235 Accordingly, States have the obligation to create the conditions required for
their full enjoyment and exercise.236
167.
Moreover, the right to personal integrity is of such importance that the American
Convention protects it specifically upon establishing, inter alia, the prohibition on torture,
cruel, and inhumane treatment, and the impossibility of suspending this right under any
circumstances.237
168.
The Court has indicated that from the general obligations to respect and
guarantee the rights established in Article 1(1) of the American Convention are derived special
obligations that are determined according to the particular needs for protection of the subject
of law, either owing to his personal situation or to the specific situation in which he finds
himself.238 In that regard, the State has a special role as guarantor in respect of persons
deprived of their liberty, given that the prison authorities exert control over the persons held
in custody.239 This results from the special interaction of subjection between the person
deprived of liberty and the State, characterized by the particular intensity with which the State
can regulate their rights and obligations and by the circumstances characteristic of
confinement, in which the person deprived of liberty is prevented from satisfying, on his own
account, a series of essential basic needs required to lead a dignified life, 240 in the terms that
are possible in those circumstances.
169.
Consequently, pursuant to Article 5(1) and 5(2) of the Convention, every person
deprived of liberty has right to live in conditions of detention that are compatible with their
personal dignity. This implies that the State has a duty to safeguard the health and wellbeing
of those deprived of liberty and to ensure that the manner and method of deprivation of liberty
does not exceed the inevitable level of suffering inherent in detention. 241
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 144, and Case of Vera Vera et al. v. Ecuador. Preliminary objection, merits, reparations
and costs. Judgment of May 19, 2011. Series C no. 226, para. 39.
235
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra, para. 144, and Case of Vera
Vera et al. v. Ecuador, supra, para. 39.
236
Articles 5 and 27 of the American Convention. See also, Case of the “Juvenile Reeducation Institute” v.
Paraguay. Preliminary objections, merits, reparations and costs. Judgment of September 2, 2004. Series C No. 112,
para. 157, and Case of Vera Vera et al. v. Ecuador, supra, para. 40.
237
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, para. 111; and Case of the Pacheco Tineo Family
v. Bolivia. Preliminary objections, merits, reparations and costs. Judgment of November 25, 2013. Series C No. 272,
para. 128.
238
Cf. Case of Neira Alegría et al. v. Peru. Merits. Judgment of January 19, 1995. Series C No. 20, para. 60,
and Case of Quispialaya Vilcapoma v. Peru, supra, para. 117.
239
Cf. Case of the “Juvenile Reeducation Institute” v. Paraguay, supra, para. 152, and Case of Mendoza et al.
v. Argentina. Preliminary objections, merits and reparations. Judgment of May 14, 2013 Series C No. 260, para. 188.
See IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, OAS/ Ser. L/V/II Doc. 64,
December 31, 2011, paras. 49 and ss.
240
Cf. Case of the “Juvenile Reeducation Institute” v. Paraguay, supra, para. 159, and Case of Quispialaya
Vilcapoma v. Peru, supra, para. 117. Basic Principles 1, 5 and 9 for the Treatment of Prisoners approved by the United
Nations General Assembly in Resolution 45/111, of December 14, 1990, state that all inmates shall be treated with
241
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