C. Rights to health and social security (Article 26),59 right to life (Article 4.1),60 right to humane treatment (Article 5.1),61 and rights of the child (Article 19),62 in conjunction with the obligation to ensure rights and adopt provisions under domestic law contained in Articles 1(1)63 and 264 of the American Convention 1. General considerations on attribution of responsibility 46. In the course of their work, the Commission and the Court have sought to define the content of the obligations to respect and ensure rights in accordance with Article 1(1) of the Convention. With respect to the obligation to respect rights, the Court has stated: “According to Article 1(1), any exercise of public power that violates the rights recognized by the Convention is illegal. Whenever a State organ or official, or a public entity violates one of those rights, this constitutes a failure in the duty to respect the rights and freedoms set forth in that Article.65 As to the obligation to ensure rights, States must prevent, investigate and punish any violation of the rights recognized by the Convention and, moreover, if possible attempt to restore the right violated and provide compensation as warranted for damages resulting from the violation.66 47. For its part, the Commission has determined that a violation of the human rights protected by the Convention may engage the international responsibility of a state party, either because the violation is perpetrated by its own agents, or—even if the violations initially are not directly attributable to the State because they were committed by a private individual—when it has not been possible to determine who committed it due to a lack of diligence of the State in reasonably preventing the violation or in treating it in accordance with the provisions of the Convention. The important thing is to determine if the illegal act involved the participation, support or tolerance of state agents or resulted from the failure of the State to meet its obligation to reasonably prevent human rights violations, conduct a meaningful investigation to identify and punish those responsible, and provide adequate reparation the victim or their family members for the harm caused.67 48. Insofar as this case is concerned, the Court has found that there is a duty to regulate and supervise entities that provide health services.68 Although its pronouncements have concentrated on the direct providers of health services, such as clinics, 69 blood banks, 70 or psychiatric institutions, 71 the Commission considers that those obligations can be extended to private insurance companies that by virtue of their 59. Article 26 of the American Convention provides: “The States Parties undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.” 60. Article 4(1) of the American Convention provides: “1. 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.” 61. Article 5(1) of the American Convention provides: “1. Every person has the right to have his physical, mental, and moral integrity respected.” 62 . The pertinent portions of Article 19 of the American Convention provide: 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. 63. Article 1(1) of the American Convention provides: “1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 64. Article 2 of the Convention provides: “Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.” 65. IACHR, Report No. 11/10, Case 12.488, Merits, Members of the Barrios Family, Venezuela, March 16, 2010, par. 91. Also: I/A Court H.R., Case of Velásquez Rodríguez v. Honduras,Merits, Judgment of July 29, 1988. Series C. No. 4, par. 169. 66. I/A Court H.R., Case of Velásquez Rodríguez v. Honduras,Merits, Judgment of July 29, 1988. Series C. No. 4, par. 166. 67. IACHR, Report No. 65/01, Case 11.073, Merits, Juan Humberto Sánchez, Honduras, March 6, 2001, par. 88. 68. I/A Court H.R., Case of Gonzales Lluy et al. v. Ecuador, Preliminary Objections, Merits, Reparations, and Costs, Judgment of September 1, 2015, Series C. No. 298. par. 175; I/A Court H.R., Case of Ximenes Lopes v. Brazil, Judgment of July 4, 2006. Series C. No. 149. par. 89 and 90. 69. I/A Court H.R., Case of Suárez Peralta v. Ecuador, Preliminary Objections, Merits, Reparations, and Costs, Judgment of May 21, 2013. Series C. No. 261. 70. I/A Court H.R., Case of Gonzales Lluy et al. v. Ecuador, Preliminary Objections, Merits, Reparations, and Costs, Judgment of September 1, 2015, Series C. No. 298. 71. I/A Court H.R., Case of Ximenes Lopes v. Brazil, Judgment of July 4, 2006. Series C. No. 149. 10