to economic, social and cultural rights the obligations of respect and guarantee 118 derived from Articles 1(1) and 2 of the Pact of San José. C) The evolutive interpretation of Article 26 of the American Convention in light of the constitutional norms and the practice of the high national jurisdictions, for the justiciability of the right to health 73. In order to examine further the direct justiciability of the right to health, it is particularly useful to make an evolutive interpretation of the scope of the rights recognized in Article 26 of the American Convention. In this regard, the practice of different domestic courts offers important examples of analyses based on the obligation of respect and guarantee with regard to the right to health and the use of the corpus juris on international obligations in relation to the right to health in order to promote direct judicial protection of this right. 74. It is important to indicate, however, that the high national jurisdictions use their own constitutional provisions – in addition to international instruments and sources. Today, the normative progress made in the States in the area of social rights cannot be denied, particularly as regards the constitutional scope of the protection of the right to health (either expressly, derived from other rights, or owing to its recognition by the incorporation of international treaties into the Constitution). 75. The following are among the constitutional provisions of the States Parties to the American Convention that refer in some way to the protection of the right to health: Argentina (art. 42), 119 Bolivia (art. 35), 120 Brazil (art. 196), 121 Colombia (art. 49), 122 Costa Rica (art. 46), 123 Chile (art. 19, paragraph 9), 124 Ecuador (art. 32), 125 El Salvador (art. 118 Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”), supra, para. 100: “even though Article 26 is found in chapter III of the Convention, entitled "Economic, Social and Cultural Rights,” it is also located in Part I of the said instrument, entitled “State Obligations and Rights Protected” and, therefore, is subject to the general obligations contained in Articles 1(1) and 2.” 119 “Article 42. Consumers and users of goods and services have the right, in relation to consumption, to the protection of their health, safety and financial interests; to adequate and truthful information; to freedom of choice and to conditions of equal and dignified treatment […].” 120 “Article 35. I. The State, at all levels, shall protect the right to health, promoting public policies designed to improve the quality of life, the collective well-being, and the access of the population to free health care services. II. There is just one health system and it includes the traditional medicine of the original indigenous peasant peoples and nations.” 121 “Article 196. Health is a right for every person and an obligation of the State, guaranteed by social and economic policies designed to reduce the risk of disease and other risks, and to provide universal and equal access to actions and services that its promotion, protection and recovery.” 122 “Article 49. Health care and environmental sanitation are public services under the responsibility of the State. Everyone is guaranteed access to the services of health promotion, protection and recovery. It is incumbent on the State to organize, direct and regulate the provisions of health care services for the inhabitants, as well as of environmental sanitation, based on the principles of efficiency, universality and solidarity. Also, to establish policies for the provision of health care services by private entities, and to supervise and control these. In addition, to establish the competences of the Nation, and territorial and private entities, and to determine their contributions pursuant to the legal terms and conditions. Health care services shall be decentralized, by levels of attention, and with the participation of the community. The law shall indicate the terms in which basic health care for all the inhabitants shall be free and obligatory. Everyone has the obligation to ensure the comprehensive care of his or her health and that of their community.” 123 “Article 46. […] Consumers and users have the right to the protection of their health, environment, safety and financial interests; to receive adequate and truthful information; freedom of choice and fair treatment. The State shall support the mechanisms that they establish for the defense of their rights. The law shall regulate these matters.” 25