instruments for health-care policies that permit cases of maternal mortality to be documented adequately. All this is because pregnant women require special measures of protection. 234. Based on the above, the Court declares that the State violated the right established in Article 4(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of the persons mentioned in this paragraph, because it failed to take the required positive measures, within its powers, that could reasonably be expected to prevent or to avoid the risk to the right to life. Consequently, the death of the following individuals can be attributed to the State: Sara Gonzáles López, who died from gastroenteritis and dehydration in July 2008, and did not receive medical attention; Yelsi Karina López Cabañas, who died of whooping cough in 2005, at the age of one, and did not receive medical attention; Remigia Ruiz, who died from complications while in labor in 2005, at 38 years of age, and did not receive medical attention; Aida Carolina Gonzáles, who died from anemia in June 2003, at eight months of age, and did not receive medical assistance; NN Ávalos or Ríos Torres, who died from tetanus in 1999, three days after birth, and did not receive medical care; Abundio Inter Dermott, who died from pneumonia in 2003, two months after birth, and did not receive medical care; NN Dermott Martínez, who died from enterocolitis in 2001, at eight months of age, and it is not known if he or she received medical care; NN García Dermott, who died from whooping cough in 2001, at one month of age, and did not receive medical care; Adalberto Gonzáles López, who died from pneumonia in 2000, aged one year and two months, and did not receive medical care; Roberto Roa Gonzáles, who died from tuberculosis in 2000, at 55 years of age, and did not receive medical care; NN Ávalos or Ríos Torres, who died from tetanus in 1998, nine days after birth, and did not receive medical care; NN Dermontt Ruiz, who died at birth in 1996 and did not receive medical care, and NN Wilfrida Ojeda Chavez, who died of dehydration and enterocolitis in May 1994 and did not receive medical care. VIII RIGHT TO PERSONAL INTEGRITY (ARTICLE 5(1) OF THE AMERICAN CONVENTION) 235. The representatives alleged the violation of Article 5(1) of the Convention to the detriment of the Community owing to the “death of their next of kin and also their precarious situation because they do not have access to their lands, which [has violated] their cultural personal integrity and also their cultural collective integrity.” The representatives stated that the family members who have lost their loved ones have suffered greatly, particularly because of the Community’s cultural characteristics. They also indicated that the death of the loved ones affected the Community, owing to its cultural patterns related to the remembrance of the dead and their methods of burial. They emphasized that, “[t]he members of the Xákmok Kásek Community have experienced physical, mental and moral suffering, which has violated their right to personal integrity.” 236. The State did not comment on this. 237. The Court reiterates that the alleged victims and their representatives may cite the violation of rights other than the ones included in the application, provided these rights relate to the facts that have been included in the application, because they are the holders of the rights established in the Convention.270 Nevertheless, the application 270 Cf. Case of the “Five Pensioners” v. Peru, supra note 262, para. 155; Case of Barreto Leiva v. Venezuela. Merits, reparations and costs. Judgment of November 17, 2009. Series C No. 206, para. 94, and Case of Manuel Cepeda Vargas v. Colombia, supra note 8, para. 49. 55

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents