taking of all necessary measures.” 259 Meanwhile, Principle 24 of the Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment establishes that “[a] proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided whenever necessary. This care and treatment shall be provided free of charge.” 260 190. Article 5(2) of the American Convention establishes that “[a]ll persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.” In this regard, this Court has indicated that lack of adequate medical care does not satisfy the minimum material requirements of a dignified treatment consistent with the human condition in the terms of Article 5 of the American Convention. 261 Thus, the failure to provide adequate medical care to a person who is deprived of liberty and in the custody of the State could be considered a violation of Article 5(1) and 5(2) of the Convention depending on the particular circumstances of the specific person, such as their health or the type of ailment they suffer from, the time that has elapsed without medical care, and the cumulative physical and mental effects of this 262 and, in some cases, the person’s sex and age. 263 191. In addition, the Court reiterates that, when dealing with children and adolescents deprived of liberty, the State must assume a special position of guarantor with the utmost care and responsibility, and must take special measures based on the principle of the best interests of the child 264 (supra paras. 142 and 188). The State’s role as guarantor with regard to the right to personal integrity obliges it to prevent situations that might, by act or omission, affect this negatively. 265 In this regard, the Court recalls that the Convention on the Rights of the Child recognizes “the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health,” and commits the State to “strive to ensure that no child is deprived of his or her right of access to such health care services.” 266 259 Cf. Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1995, and approved by the Economic and Social Council in its resolutions 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977, Rule 24. See, also, Rules 49 and 50 of the United Nations Rules for the Protection of Juveniles deprived of their Liberty, adopted by the General Assembly in resolution 45/113, of 14 December 1990. 260 Cf. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the General Assembly in resolution 43/173, of 9 December 1988, Principle 24. See, also, Rule 24 of the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1995, and approved by the Economic and Social Council in its resolutions 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. 261 Cf. Case of De la Cruz Flores v. Peru. Merits, reparations and costs. Judgment of November 18, 2004. Series C No. 115, para. 131, and Case of Vera Vera et al. v. Ecuador, para. 44. 262 Cf. Case of Montero Aranguren et al. (Retén de Catia) v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of July 5, 2006. Series C No. 150, para. 103, and Case of Vera Vera et al. v. Ecuador, para. 44. 263 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 74, and Case of Vera Vera et al. v. Ecuador, para. 44. 264 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, paras. 146 and 191, and Case of the Massacres of Río Negro v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of September 4, 2012. Series C No. 250, para. 142. 265 Cf. Case of Bulacio v. Argentina. Reparations and costs. Judgment of September 18, 2003. Series C No. 100, para. 138. 266 Cf. Convention on the Rights of the Child. Adopted and open to signature and ratification by the General Assembly of the United Nations in resolution 44/25 of 20 November 1989, article 24.1. 64

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