170.
The Court has considered that the rights to life and personal integrity are directly
and immediately linked to human health care. 242 In this sense, the protection of the right to
personal integrity supposes the regulation of domestic health services, together with the
implementation of a number of mechanisms aimed at protecting the effectiveness of that
regulation.243
171.
Accordingly, based on the principle of non-discrimination, the right to life of
persons deprived of liberty also requires the State to ensure their physical and mental health,
specifically through the provision of regular medical examinations 244 and, when required, of
the respect due to their inherent dignity and value as human beings, except for those limitations that are
demonstrably necessitated by the fact of incarceration. Likewise, all prisoners shall retain the human rights and
fundamental freedoms set out in the Universal Declaration of Human Rights, and, where the State concerned is a
party, their human rights and fundamental freedoms enshrined in the Universal Declaration of Human Rights and,
where the State in question is a party, the International Covenant on Economic, Social and Cultural Rights, and the
International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other rights as
are set out in other United Nations covenants. And, prisoners shall have access to the health services available in
the country without discrimination on the grounds of their legal situation. The European Court of Human Rights has
stated that: Article 3 of the European Convention requires the State to “ensure that a person is detained in conditions
which are compatible with respect for his human dignity, that the manner and method of the enforcement of the
measure do not subject him to distress or hardship of an intensity exceeding the unavoidable level of suffering
inherent in detention and that, given the practical demands of imprisonment, his health and well-being are adequately
secured by, among other things, providing him with the requisite medical assistance.” Cf. ECHR, Kudla v. Poland, No.
30210/96, Judgment of October 26, 2000, Reports 2000 XI, para. 94.
Cf. Case of Albán Cornejo et al. v. Ecuador. Merits, reparations and costs. Judgment of November 22, 2007.
Series C No. 171, para. 117, and, Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations
and costs. Judgment of September 1, 2015. Series C No. 298, para. 171.
242
Cf. Case of Suárez Peralta v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of
May 21, 2013. Series C No. 261, para. 130, and Case of Gonzales Lluy et al. V. Ecuador, supra, para. 171.
Furthermore, the Court has considered that “States have the duty to regulate and oversee all health care services
provided to persons under their jurisdiction, as a special duty of protection to life and personal integrity, regardless
of whether the entity that provides such services is of a public or private nature” (Cf. Case of Ximenes Lopes v. Brazil.
Merits. Judgment of July 4, 2006. Series C No. 149, para. 89). See also: ECHR, Lazar v. Romania, No. 32146/05.
Section Three. Judgment of May 16, 2010, para. 66; Z v. Poland, No. 46132/08. Section Four. Judgment of November
13, 2012, para. 76, and United Nations, Economic and Social Council, Committee of Economic, Social and Cultural
Rights. General Comment No. 14, E/C.12/2000/4, August 11, 2000, paras. 12, 33, 35, 36 and 51.
243
Cf. Case Tibi v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 7,
2004. Series C No. 114, para. 156 and 157; and Case of Mendoza et al. v. Argentina, supra, para. 189. Principle X of
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas of the IACHR establishes
that “Persons deprived of liberty shall have the right to health, understood to mean the enjoyment of the highest
possible level of physical, mental, and social well-being.” See also: UN Special Rapporteur on Torture et al. Cruel,
Inhuman or Degrading Treatment, Annual Report submitted to the Commission of Human Rights (now Council),
E/CN.4/2004/56, adopted on December 23, 2003, para. 56.
244
52