order to assume the challenge of their interpretation and implementation as a holistic task
that obliges us not to lose sight of the implications of the respect, protection and guarantee
of civil and political rights in relation to economic, social and cultural rights, and vice versa.
The application, promotion and protection of economic, social and cultural rights call for the
same attention and urgent consideration as that of the civil and political rights. 50
26.
In the case that underlies this separate opinion, the Inter-American Court had an
opportunity to develop in its case law the implications of the concepts of the
interdependence and indivisibility of human rights, which are very useful tools for achieving
the “direct” justiciability of economic, social and cultural rights, particularly “the right to
health,” and to achieve its full realization and effectiveness.
27.
From my perspective, these implications involve: (a) establishing a strong
relationship, based on their equal importance, between civil and political rights, and
economic, social and cultural rights; (b) making it obligatory to interpret all rights together
– which, at times, results in overlapping contents – and to assess the implications of the
respect, protection and guarantee of some rights for other rights, as regards their effective
implementation; (c) considering economic, social and cultural rights autonomously, based
on their intrinsic essence and characteristics; (d) recognizing that they can be violated
autonomously, which could lead – as happens in the case of civil and political rights — to
declaring the obligation to guarantee rights arising from Article 26 of the Pact of San José,
in relation to the general obligations established in Articles 1 and 2 of the American
Convention; (e) defining the obligations that the State must fulfill in the area of economic,
social and cultural rights; (f) allowing a progressive and systematic interpretation of the
inter-American corpus juris, especially to emphasize the implications of Article 26 of the
Convention with regard to the Protocol of San Salvador, and (g) providing a further
justification for using other instruments and interpretations of international organizations
with regard to economic, social and cultural rights in order to endow them with content.
C) The implications of the interdependence and indivisibility of the right to health
in this case
28.
Now, in the Judgment to which this separate opinion refers, the Inter-American Court
made specific reference to the concepts of interdependence and indivisibility in order to
define the scope of the right to health, when examining the violation of the obligation to
guarantee the right to personal integrity (Articles 5(1) in relation to 1(1) of the Pact of San
José), 51 and concluding “that although the relevant Ecuadorian regulations established
mechanisms of control and supervision of medical care, this supervision and control was not
carried out in the instant case, as regards control of both the services provided in the State
facility, the Polyclinic of the Guayas Traffic Commission, and those provided in the private
institution, the Minchala Clinic. The Court finds that this resulted in a situation of risk, which
the State was aware of, that materialized in adverse effects on the health of Melba Suárez
Peralta.” 52 In addition, the Inter-American Court affirmed that “the State’s supervision and
inspection should be designed to ensure the principles of availability, accessibility,
acceptability, and quality of the medical services” and, to this end, it emphasized that
50
Cf. Resolution 32/130 of the General Assembly of the United Nations, of 16 September 1977, paragraph 1,
subparagraph (a); Declaration on the Right to Development made by the General Assembly in its resolution 41/128
of 4 December 1986, para. 10 of the preamble and art. 6; the 1986 Limburg Principles, especially No. 3, and the
1997 Maastritch Guidelines on Violations of Economic, Social and Cultural rights, particularly No. 3.
51
The analysis of the right to personal integrity is made in paras. 123 to 160 of the Judgment, although
many passages are related to the right to health.
52
Para. 154 of the Judgment.
10