B. Right to life,103 right to humane treatment,104 right to privacy,105 rights of the child,106 and the
right of women to live free from violence107
48.
As regards the right to life, the court has consistently stated that it “is a fundamental human right, and
the exercise of this right is essential for the exercise of all other human rights. If it is not respected, all rights
lack meaning.”108 Observance of Article 4 of the Convention, in conjunction with Article 1(1) thereof, “does not
only presuppose that no person can be arbitrarily deprived of his life (negative duty) but also requires,
pursuant to its obligation to guarantee the full and free exercise of human rights, that the States adopt any and
all necessary measures to protect and preserve the right to life (positive duty) of the individuals under their
jurisdiction.”109
49.
The Court has found that the State, in its capacity as guarantor of the rights enshrined in the
Convention, is responsible for observance of the right to humane treatment of everyone in its custody. Although
the State “has the right and obligation to guarantee its security and maintain public order, its powers are not
unlimited ... [and it must] respect the fundamental rights of each individual in its jurisdiction.” 110 Consequently,
“if a person was detained in good health conditions and subsequently died, the State has the obligation to
provide a satisfactory and convincing explanation of what happened and to disprove accusations regarding its
responsibility, through valid evidence.”111
50.
With respect to the right to humane treatment enshrined in Article 5 of the Convention, the Court has
indicated that it “is a category of violation that has several gradations and embraces treatment ranging from
torture to other types of humiliation or cruel, inhuman or degrading treatment.”112 In particular, “[a]ny use of
force that is not strictly necessary to ensure proper behavior on the part of the detainee constitutes an assault
on the dignity of the person.”113 According to Article 5 (2) of the Convention, all persons deprived of their liberty
must be treated with respect for the inherent dignity of the human person, one of the core of inalienable rights
recognized in Article 27 (2) of the Convention. 114 Indeed, “a person deprived of his or her liberty has the right
to live in a detention situation that is compatible with his or her personal dignity. [...] [K]eeping a detainee in
overcrowded conditions, lacking natural light and ventilation, without a bed to rest on or adequate hygiene
conditions, in isolation and incommunicado or with undue restrictions to the system of visits, constitutes a
Article 4 (1) of the American Convention provides: “Every person has the right to have his life respected. This right shall be protected
by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.”
104 The pertinent portions of Articles 5 (1) and (2) of the American Convention provide: “1. Every person has the right to have his physical,
mental, and moral integrity respected. 2. No one shall be subjected to torture of to cruel, inhuman, or degrading punishment or treatment.
All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.”
105 The pertinent portions of Article 11 of the American Convention provide: “1. Everyone has the right to have his honor respected and his
dignity recognized. 2. No one may be the object of arbitrary or abusive interference with his private life, his family, or his correspondence,
or of unlawful attacks on his honor or reputation. 3. Everyone has the right to the protection of the law against such interference or attacks.
106 Article 19 of the American Convention provides: “Article 19. Rights of the Child. Every minor child has the right to the measures of
protection required by his condition as a minor on the part of his family, society, and the state.”
107 The pertinent portions of Article 7 of the Convention of Belém do Pará provide: “Article 7. The States Parties condemn all forms of
violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such
violence and undertake to: a. refrain from engaging in any act or practice of violence against women and to ensure that their authorities,
officials, personnel, agents, and institutions act in conformity with this obligation; b. apply due diligence to prevent, investigate and impose
penalties for violence against women.”
108 I/A Court H.R., The “Street Children” Case (Villagrán Morales et al.) v. Guatemala, Merits, Judgment of November 19, 1999, Series C. No.
63 (Street Children Judgment), par. 144.
109 See, inter alia, I/A Court H.R., Case of Zambrano-Vélez et al. v. Ecuador, Merits, Reparations, and Costs, Judgment of July 4, 2007, Series
C. No. 166 (Zambrano-Vélez et al. Judgment), par. 80; Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela, Preliminary
Objection, Merits, Reparations and Costs, Judgment of July 5, 2006, Series C. No. 150 (Detention Center of Catia Judgment), par. 65.
110 I/A Court H.R., Case of Bámaca Velásquez v. Guatemala, Merits, Judgment of November 25, 2000, Series C. No. 70, par. 174.
111 See, inter alia, I/A Court H.R., Case of Juan Humberto Sánchez v. Honduras, Preliminary Objection, Merits, Reparations and Costs,
Judgment of June 7, 2003, Series C. No. 99, par. 111.
112 I/A Court H.R., Loayza Tamayo Case v. Peru, Merits, Judgment of September 17, 1997, Series C. No. 33 (Loayza Tamayo Judgment), par.
57.
113 I/A Court H.R., Loayza Tamayo Judgment, par. 57.
114 I/A Court H.R., Detention Center of Catia Judgment, par. 85.
103
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