liberty by establishing, inter alia, that “[a]ll persons deprived of their liberty shall be treated
with respect for the inherent dignity of the human person.”
182. In addition, the Court recalls that, taking into account that the inclusion of the right to
health in the Charter of the Organization of American States (hereinafter “the OAS Charter”)
is derived from its Articles 34(i), 34(l)293 and 45(h),294 in different precedents, the Court has
recognized the right to right to health as a right protected by Article 26 of the Convention.295
Furthermore, broad regional consensus exists as regards the affirmation of this right because
it is explicitly recognized in the different Constitutions and domestic laws of the States of the
region.296 Also, the Court underscores that the right to health is recognized in the Constitution
of El Salvador.297
183. The Court has also indicated that que the rights to life and to integrity are directly and
immediately linked to care for human health,298 and that the lack of adequate medical care
may result in the violation of Articles 5(1)299 and 4 of the Convention.300
184. Health is a fundamental human right, essential for the satisfactory exercise of the other
human rights and everyone has the right to enjoy the highest attainable standard of health
that allows them to live with dignity, understanding health not only as the absence of disease
or infirmity, but also as a state of complete physical, mental and social well-being derived
Article 34(i) of the OAS Charter establishes: “Member States agree that equality of opportunity, the
elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples
in decisions relating to their own development are, among others, basic objectives of integral development. To
achieve them, they likewise agree to devote their utmost efforts to accomplishing the following basic goals: […] (i)
Protection of man's potential through the extension and application of modern medical science; […] (l) ) Urban
conditions that offer the opportunity for a healthful, productive, and full life.
293
Article 45(h) of the OAS Charter establishes: “[t]he Member States, convinced that man can only achieve
the full realization of his aspirations within a just social order, along with economic development and true peace,
agree to dedicate every effort to the application of the following principles and mechanisms: […] (h) Development of
an efficient social security policy.”
294
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C
No. 349, paras. 106 and 110, and Case of the Miskito Divers (Lemoth Morris et al.) v. Honduras. Judgment of August
31, 2021. Series C No. 432, para. 80.
295
These include: Argentina, Barbados, Bolivia, Brazil, Colombia, Costa Rica, Chile, Dominican Republic, Ecuador,
El Salvador, Guatemala, Haiti, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay and Venezuela. See
the constitutional provisions of Argentina (art. 10); Barbados (art. 17(2)(A); Bolivia (art. 35); Brazil (art. 196); Chile
(art. 19); Colombia (art. 49); Costa Rica (art. 46); Dominican Republic (art. 61); Ecuador (art. 32); El Salvador (art.
65); Guatemala (arts. 93 and 94); Haiti (art. 19); Mexico (art. 4); Nicaragua (art. 59); Panama (art. 109); Paraguay
(art. 68); Peru (art. 70); Suriname (art. 36); Uruguay (art. 44) and Venezuela (art. 83). Cf. Constitutional Chamber
Supreme Court of Justice of Costa Rica, Resolution No. 13505–2006, of September 12, 2006, considering paragraph
III; Constitutional Court of Colombia, Judgment C-177 of 1998; Supreme Court of Justice of the Nation; Mexico,
Judgment 8/2019 (10). Right to the protection of health. Individual and social dimensions, and Constitutional Court
of Ecuador, Judgment No. 0012-09-SIS-CC, October 8, 2009.
296
Article 65 of the Constitution of El Salvador establishes that “the health of the inhabitants of the Republic
constitutes a public good. The State and the individual are obliged to ensure its conservation and restoration. The
State shall determine the national health policy and shall oversee and supervise its application.” Available at:
https://www.asamblea.gob.sv/sites/default/files/documents/decretos/EA1C26BE-E75B-4709-98AB8BC6CA287232
.pdf
297
Cf. Case of Albán Cornejo et al. v. Ecuador. Merits, reparations and costs. Judgment of November 22, 2007.
Series C No. 171, para. 117, and Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations
and costs. Judgment of September 1, 2015. Series C No. 298, para. 171.
298
299
See, for example, Case of Tibi v. Ecuador, supra, and Case of Hernández v. Argentina, supra.
See, for example, Case of Gonzales Lluy et al. v. Ecuador, supra, para. 171, and Case of Chinchilla Sandoval
et al. v. Guatemala, supra, paras. 170, 200 and 225.
300
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