granted medical and psychological treatment in specialized centers,” emphasizing the
“necessity to provide Sebastián Furlan and his family with comprehensive treatment in
accordance with their needs.”
281.
The State argued that “the medical and psychological care [for] Sebastián Furlan
was not used [… and that] the Federal Health Program (PROFE) – to which he is entitled,
provided that he complies with the affiliation requirement – provides specialized medical,
psychological and psychiatric treatment for each specific case.”
Considerations of the Court
B.1.1. Physical and mental rehabilitation
282.
The Court emphasizes that health care must be available to everyone who needs it.
All treatment for people with disabilities should be in the best interest of the patient, should
aim to preserve their dignity and independence, reduce the impact of the disease, and
improve their quality of life.440 As to the scope of the right to rehabilitation under
international law, Article 25 of the CRPD establishes the right to enjoy the highest attainable
standard of health without discrimination on the basis of disability and the obligation by
States to take all appropriate measures to ensure access for persons with disabilities to
health services, including health-related rehabilitation.441 Likewise, Article 23 of the
Convention on the Rights of the Child refers to the measures that States should adopt
regarding children with disabilities.442
440
Cf. Case of Ximenes Lopes Vs. Brasil. Merits, Reparations and Costs. Judgment of July 4, 2006. Series C
No. 149, para. 109. See also: World Health Organization. Department of Mental Health and Substance Abuse. Ten
Basic Principles of the Mental Health Care Law (1996), principles 2, 4 and 5. The CESCR has stated that the "right
to physical and mental health also implies the right to have access to, and to benefit from, those medical and social
services - including orthopedic devices - which enable persons with disabilities to become independent, prevent
further disabilities and support their social integration. Similarly, such persons should be provided with
rehabilitation services which would enable them "to reach and sustain their optimum level of independence and
functioning.” All such services should be provided in such a way that the persons concerned are able to maintain
full respect for their rights and dignity.” Committee on Economic, Social and Cultural Rights, General Comment No.
5, “Persons with Disabilities.” United Nations Document E/1995/22 (1994), para. 34.
441
Similarly, Article 25 of the CRPD establishes, inter alia, that States must: i) Provide persons with
disabilities with the same range, quality and standard of free or affordable health care and programmes as
provided to other persons, including in the area of sexual and reproductive health and population-based public
health programs; ii) Provide those health services needed by persons with disabilities specifically because of their
disabilities, including early identification and intervention as appropriate, and services designed to minimize and
prevent further disabilities, including among children and older persons; iii) Provide these health services as close
as possible to people’s own communities, including in rural areas; and iv) Require health professionals to provide
care of the same quality to persons with disabilities as to others, including on the basis of free and informed
consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with
disabilities through training and the promulgation of ethical standards for public and private health care. With
regard to the rehabilitation of persons with disabilities, the Principles for the Protection of Persons with Mental
Illness and the Improvement of Mental Health Care define mental health care as the analysis and diagnosis of a
person’s mental condition, and the treatment, care and rehabilitation provided for a mental illness or suspected
mental illness; the treatment and care of every patient shall be based on an individually prescribed plan, discussed
with the patient, reviewed periodically revised as necessary and provided by qualified professional staff (Principle
9) and the consequences of refusing or stopping treatment must be explained to the patient (Principle 11).
Adopted by the United Nations General Assembly. Resolution 46/119 of December 17, 1991.
442
Article 23 establishes that: “[…] 2. States Parties recognize the right of a mentally or physically disabled
child to receive special care and shall ensure the extension, subject to available resources, to the eligible child and
to those responsible for his or her care, of assistance for which application is made and which is appropriate to the
child’s conditions and to the circumstances of the parents or others caring for the child. 3. Recognizing the special
needs of a disabled child, assistance extended in accordance with paragraph 2 of this article shall be provided free
of charge, whenever possible, taking into account the financial resources of the parents or others caring for the
child, and shall be designed to ensure that the disabled child has access to and receives education, training, health
care services, rehabilitation services, preparation for employment and recreational opportunities in a manner
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