the Sports Section, part 3, of the newspaper “El Comercio,” on Wednesday, December (sic)
16, 2011. She stated that “a judgment of the Inter-American Court against the Ecuadorian
State for violation of human rights [is] very different from sports information.”
10.
In its observations of January 18, 2013, the Commission indicated that the
publication of the operative paragraphs of the Judgment “conformed to what the Court had
indicated, so that […] the State had complied with the fifth operative paragraph of the
Judgment.”
11.
The Court notes that the State has advised that it published the operative
paragraphs of the Judgment that were pending publication on March 16, 2011, in a
newspaper with widespread circulation (supra considering paragraph 8). Then, in response
to a request from the Court, it forwarded a copy of the publication which included the
information that the Commission had indicated was missing (date of publication and
newspaper in which the publication was made); in other words, the publication was made
on March 16, 2011, in the newspaper “El Comercio.” Both the Commission and Mrs. Cornejo
have stated that the said publication has been made, even though the latter indicated that
she did not agree with the fact that it had been published in the sports section. The Court
takes note of Mrs. Cornejo’s observation about the section of the newspaper “El Comercio”
in which the publication was made. However, it also notes that the said publication was
made in the terms ordered in the Judgment and in the Order of August 27, 2010. Based on
the foregoing, the Court finds that the State has complied fully with the measure ordered in
the fifth operative paragraph of the Judgment.
B)
To disseminate widely, within a reasonable time, the rights of
patients, using the appropriate media and taking into account the legislation
that exists in Ecuador and the international standards, in the terms of
paragraphs 162 and 163 of the Judgment (sixth operative paragraph of the
Judgment)
12.
Regarding the sixth operative paragraph, the State advised that “it had awarded a
consultancy contract in order to prepare a training module on the human rights of patients
[and] that included the legal framework.” In addition, it indicated that it had taken steps
through the Ministry of Justice, Human Rights and Worship to establish institutional
cooperation agreements with the National Health System and to introduce the human rights
approach into public policies, and mentioned different competences of the National Health
Council in this regard. It also referred to the creation of the “Comprehensive Family,
Community, and Intercultural Health Care Model (MAIS-FCI)” designed to allow people to
control “health care factors” through processes of information and participation. The State
also stressed the “intention” “to implement health care promotion strategies and actions,
[…] information and educational campaigns on the rights of patients, […] public policies with
regard to health care […] with an intercultural, gender and human rights approach” and “the
elaboration of protocols and projects that allow a broader dissemination and promotion of
patients’ rights.” All of this “[…] seeks to ensure that health professionals are aware of both
the national and the international laws in force on the rights of patients, and special health
care brigades or groups will be created to promote and disseminate patients’ rights […].”
Lastly, on December 2, 2012, the State advised that, in October 2012, the Ministry of Public
Health had published an “important extract” from the articles of the Law on the Rights and
Protection of the Patient in its Information Bulletin No. 008 entitled “Mi Salud” [My Health],
in the newspapers, “El Comercio” and “El Telégrafo.”
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