on Human Rights in the Area of Economic, Social and Cultural Rights, ratified by Ecuador on
March 25, 1993, stipulates that everyone has the right to health, understood to mean the
enjoyment of the highest level of physical, mental and social well-being, and indicates that
health is a public good. 171 In addition, in July 2012, the General Assembly of the
Organization of American States emphasized the need for high quality health facilities,
goods and services, which required the presence of trained medical personnel, as well as
satisfactory conditions of hygiene. 172
132. Therefore, this Court has indicated that, in order to comply with the obligation to
guarantee the right to personal integrity and in the context of health, States must establish
an adequate normative framework that regulates the provision of health care services,
establishing quality standards for public and private institutions that allow any risk of the
violation of personal integrity during the provision of these services to be avoided. In
addition, the State must create official supervision and control mechanisms for health care
facilities, as well as procedures for the administrative and judicial protection of victims, the
effectiveness of which will evidently depend on the way these are implemented by the
competent administration. 173
133. Consequently, the Court finds it necessary to analyze, in the context of the
obligations of guarantee, prevention and protection of the right to personal integrity,
whether the State has complied diligently with its obligation to regulate, supervise and
control the entities that, in this case, provided health care services to Melba Suárez Peralta.
To this end, first, the Court will refer to the Ecuadorian laws that regulated the health care
services at the time of the facts of the case. It will then rule on the supervision and control
carried out by State entities in relation to the services provided to Melba Suárez Peralta.
Lastly, the Court will refer to the eventual effects on the personal integrity of Melba Peralta
Mendoza.
discrimination, will often be appropriately promoted, in part, through the provision of judicial or other effective
remedies.”
170
1. Everyone shall have the right to health, understood to mean the enjoyment of the highest level of
physical, mental and social well-being. 2. In order to ensure the exercise of the right to health, the States Parties
agree to recognize health as a public good and, particularly, to adopt the following measures to ensure that right:
(a) Primary health care, that is, essential health care made available to all individuals and families in the
community, [and] (b) Extension of the benefits of health services to all individuals subject to the State's
jurisdiction.
171
Cf. Case of Albán Cornejo et al., supra, para. 117, and Case of Vera Vera et al., supra, para. 43.
172
Cf. OAS, Progress indicators in respect of rights contemplated in the Protocol of San Salvador,
OEA/Ser.L/XXV.2.1, Doc 2/11 rev.2, December 16, 2011, paras. 72 and 73. This document establishes that: “The
Protocol refers to observance of the right in the framework of a health system that, however basic it may be,
should ensure access to primary health care and the progressive development of a system that provides coverage
to the country’s entire population. […] as well as being culturally acceptable, health facilities, goods and services
must also be scientifically and medically appropriate and of good quality. This requires, inter alia, skilled medical
personnel, scientifically approved and unexpired drugs and hospital equipment, safe and potable water, and
adequate sanitation.” In addition, the said indicators include: “Existence of administrative instances to submit
complaints in matters of non-compliance with obligations related to the right to health. Competences of Ministries
or of Superindences to receive complaints from the health system users. Policies for training judges and lawyers on
the right to health.” Similarly, Cf. United Nations, Economic and Social Council, Committee on Economic, Social and
Cultural Rights. General Comment No. 9, E/C.12/1998/24, 3 December 1998, para. 10. See also OAS., Social
Charter of the Americas, approved by the OAS General Assembly on June 4, 2012, , AG/doc.5242/12 rev. 2.
173
Cf. Case of Ximenes Lopes, supra, paras. 89 and 99.
38
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