B.5 Case No. 27,080/2011
51. On June 7, 2011, a criminal complaint was filed against the expert Dr. E.B. The decision of
the lower court of October 20, 2011 held that there was no crime of false testimony. On appeal,
the First Chamber of the Criminal Court, on December 13, 2011, upheld the decision of the lower
court. Appeals of cassation and denial of cassation were filed, both of which were dismissed.
VII
MERITS
52. This case concerns the international responsibility of Argentina for violating the rights to
life, to personal integrity and to health, established in Articles 4(1), 5(1) and 26 of the American
Convention, read in conjunction with Article 1(1) thereof, to the detriment of Cristina Brítez Arce.
It also concerns the violation of the rights to judicial guarantees and to judicial protection
recognized in Articles 8(1) and 25(1) of the American Convention, read in conjunction with Article
1(1) thereof; the violation of Article 7 of the Convention of Belém do Pará and the violation of the
right to personal integrity, set forth in Article 5(1) of the American Convention, read in conjunction
with Article 1(1) thereof, to the detriment of Ezequiel Martín Avaro and Vanina Verónica Avaro,
children of Ms. Brítez Arce, who were minors at the time of the death of their mother. Although
the State recognized its international responsibility for the violation of the aforementioned rights,
the Court will rule in this chapter on (1) the violation of the rights to life, to personal integrity and
to health of Cristina Brítez Arce and (2) the violation of the right to personal integrity of Ezequiel
Martín Avaro and Vanina Verónica Avaro.
VII-1
RIGHTS TO LIFE, TO PERSONAL INTEGRITY AND TO HEALTH, READ IN
CONJUNCTION WITH ARTICLE 1(1) OF THE AMERICAN CONVENTION38
A. Arguments of the parties and of the Commission
53. The Commission argued that the State did not prove that it had adopted the measures
that were reasonably required to safeguard the rights of Ms. Brítez Arce in spite of the special
duty that it had because she was pregnant. It, therefore, concluded that the State is responsible
for violating the rights to life, to personal integrity and to health set forth in Articles 4(1), 5(1)
and 26 of the American Convention, read in conjunction with Article 1(1) thereof.
54. The representative concurred with the arguments presented by the Commission in its
Report on the Merits, according to which the State is responsible for violating the rights to life, to
personal integrity and to health of Cristina Brítez Arce.
55. The State recognized its international responsibility for the violations identified in the
Report on the Merits.
B. Considerations of the Court
56. In this section, the Court will refer to the violations of the rights to life, to personal integrity
and to health of Cristina Brítez Arce, which occurred as a consequence of her death in the Sardá
Hospital, located in the city of Buenos Aires. Although the State recognized its international
responsibility for violating those rights, the Court finds it necessary to rule on its obligations in
38
Articles 4(1), 5(1) and 26 of the American Convention
14