from a lifestyle that allows the individual to achieve total balance. 301 Thus, the right to health
refers to the right of everyone to enjoy the highest level of physical, mental and social wellbeing.302
185. The general obligation to protect health translates into the state obligation to ensure
access to essential health services, ensuring effective and quality medical services, and to
promote the improvement of the population’s health.303 This right encompasses timely and
appropriate health care in keeping with the principles of availability, accessibility, acceptability
and quality, the application of which will depend on the prevailing circumstances in each State.
Compliance with the State obligation to respect and to ensure this right must pay special
attention to vulnerable and marginalized groups, and must be realized progressively in line
with available resources and the applicable domestic laws.304
186. As it has reiterated in its recent case law, the Court considers that the nature and scope
of the obligations derived from the protection of the right to health include aspects that may
be required immediately and those that are of a progressive nature. 305 In this regard, the
Court recalls that, regarding the former (obligations that may be required immediately),
States must adopt effective measures to ensure access without discrimination to the services
recognized by the right to health, ensure equality of rights between men and women and, in
general, advance towards the full effectiveness of the economic, social, cultural and
environmental rights (ESCER). Regarding the latter (obligations of a progressive nature),
progressive realization means that States Parties have the concrete and constant obligation
to advance as expeditiously and efficiently as possible towards the full effectiveness of the
said right, to the extent of their available resources, by legislation or other appropriate means.
In addition, there is an obligation of non-retrogressivity in relation to the rights realized. In
light of the above, the treaty-based obligations to respect and to ensure rights, as well as to
adopt domestic legal provisions (Articles 1(1) and 2), are essential to achieve their
effectiveness.306
187. In the instant case the Court must examine the State’s conduct regarding compliance
with its obligation to ensure respect for Manuela’s rights to life, personal integrity and health.
All the obligations that will be examined correspond to obligations that may be required
immediately.
Cf. Case of Poblete Vilches et al. v. Chile, supra, para. 118, and Case of Guachalá Chimbo et al. v. Ecuador.
Merits, reparations and costs, supra, para. 100.
301
Cf. Case of Poblete Vilches et al. v. Chile, supra, para. 118, and Case of Guachalá Chimbo et al. v. Ecuador.
Merits, reparations and costs, supra, para. 100. See, inter alia, Preamble to the Constitution of the World Health
Organization (WHO), adopted by the International Health Conference held in New York from 19 June to 22 July 1946,
signed on 22 July 1946, by the representatives of 61 States (Off. Rec. WHO, 2, 100), and entered into force on 7
April 1948. Amendments adopted by the Twenty-sixth, Twenty-ninth, Thirty-ninth and Fifty-first World Health
Assemblies (resolutions WHA26.37, WHA29.38, WHA39.6 and WHA51.23) came into force on 3 February 1977, 20
January 1984, 11 July 1994 and 15 September 2005 respectively and are incorporated into the present text.
Committee on Economic, Social and Cultural Rights, General Comment No. 14: The right to the highest attainable
standard of health, August 11, 2000, UN Doc. E/C.12/2000/4, para. 12.
302
Cf. Case of Poblete Vilches et al. v. Chile, supra, para. 118, and Case of Guachalá Chimbo et al. v. Ecuador.
Merits, reparations and costs, supra, para. 101.
303
Cf. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment
of August 23, 2018. Series C No. 359, para. 39, and Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations
and costs, supra, para. 100.
304
Cf. Case of Poblete Vilches et al. v. Chile, supra, para. 104, and Case of Guachalá Chimbo et al. v. Ecuador.
Merits, reparations and costs, supra, para. 106.
305
Cf. Case of Muelle Flores v. Peru. Preliminary objections, merits, reparations and costs. Judgment of March 6,
2019. Series C No. 375, para. 190, and Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs,
supra, para. 106.
306
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