Castro, with the appropriate treatment, by means of health public services,
for as long as they need it and including the medicines (operative paragraph
thirteen)
42.
The State reported that the “beneficiaries [were provided] with the means to access
health care coverage offered by the Integral Health System (SIS for its acronym in
Spanish),” which is a service offered to the entire population of the country, which includes
programs on psychological care, "for which one has to personally sign-up.” In this regard, it
noted that “among the benefits of the [Essential Plan for Health Insurance] [to which the
victims in Anzualdo Castro were added,] there is a set of conditions, interventions and
services that can be provided in all public and private health establishments based on the
complexity of each case.”
43.
The representatives of the victims stated that the Integral Health System does not
meet the requirements to be considered a measure of reparation, because it is a service that
is open to the general public, to which the State cannot claim that the SIS can effectively be
implemented with this measure. They also indicated that the State has not even approached
them in order to provide access to medical and psychological care. Moreover, they stated
that the information provided by the State “made it clear that, to date, after more than 3
years since the judgment was issued, Kenneth Anzualdo’s next-of-kin have not received the
ordered medical and psychological care" to which it is clear “that the health care provided by
the State in its report is not aimed at providing reparation for the damage caused to the
victims of this case for the violations committed against them.”
44.
The Court notes that in the Judgment it stated that health care should be provided
free of charge and immediately, taking into consideration the health of each of the
beneficiaries, to which it shall previously conduct the respective physical and psychological
evaluation. Moreover, the treatment must be provided for as long as they need it and must
include the medicines they may eventually require. 27 However, from the information
provided, the Court will only assess the State’s affirmation that it will make the health
services available through SIS, for which, each person should register.
45.
It is important to reiterate that in addition to the measures taken under the general
health care system, it is necessary that the State provide specific and particularized attention
to victims. 28 In this sense, the Court has noted that the reparation measures to which the
victims of human rights violations are entitled cannot be confused, due to the specific harm
caused by the violation. 29 For this reason, the Court finds that the victims must receive
preferential treatment with respect to the steps they have to take in order to receive medical
care in public hospitals. 30
46.
It is therefore necessary that the State, without delay, carry out the physical and
psychological evaluation of the beneficiaries of this measure in order to identify their
27
Case of Anzualdo Castro, supra, para. 203.
28
Cf. Case of 19 Tradesmen V. Colombia. Monitoring of Compliance with Judgment. Order of the InterAmerican Court of Human Rights of July 8, 2009, Considering clause thirty-four and Case of Gómez Palomino V.
Perú. Monitoring of Compliance with Judgment. Order of the Inter-American Court of Human Rights of July 5, 2011,
Considering clause twenty-five.
29
Cf. Case of González et al. (“the Cotton fields”) V. México. Preliminary Objections, Merits, Reparations,
and Costs. Judgment of November 16, 2009. Series C No. 205, para. 529, and Case of Gómez Palomino. Order on
Monitoring of Compliance with Judgment of July 5, 2011, supra, Considering clause twenty-five.
30
Cf. Case of Heliodoro Portugal V. Panamá. Monitoring of Compliance with Judgment. Order of the InterAmerican Court of Human Rights of May 28, 2010, Considering clause twenty-eight, and Case of Gómez Palomino.
Order on Monitoring of Compliance of July 5, 2011, supra, Considering clause twenty-five.
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