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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.
182.
Article 5 provides, where relevant:
Every person has the right to have his physical, mental, and moral integrity respected.
183.
Article 19 of the American Convention provides:
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.
184.
Article 1.1 of the American Convention provides:
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.
185.
In this section, the Commission will examine the response provided by the State of Ecuador
after TGGL’s infection on June 22, 1998, as well as the impacts in TGGL and her family members.
186.
In this regard, TGGL’s mother has described before the Commission and the domestic
judicial authorities, both civil and criminal, that the State failed to provide her daughter with the treatment
she required. Similarly, the individuals who made statements supporting her legal aid amparo in order to file
civil suit highlighted the enormous efforts of TGGL’s mother in order to buy the medicines needed. For her
part, TGGL herself, in a recent communication to the IACHR explained the continuing deterioration of her
health; the personal, family and social impact of this situation; the deprivations she has undergone in the last
15 years since she was infected; and the discrimination she has suffered for being an HIV carrier. The State
has not contested the information on the lack of public treatment nor the social and family environment
suffered by the TGGL.
187.
The Commission observes that as from the moment TGGL’s mother filed a criminal
complaint regarding the infection in 1998, the State has been aware of the child’s situation and her need for
treatment. Throughout the criminal proceedings, and afterwards in the civil suit, various State entities,
including the Ombudsman, became aware of TGGL’s need for treatment. Thereafter, from the beginning of
2008 with the proceedings before the Inter-American system, the State was again informed of TGGL’s
situation.
188.
Despite the foregoing, even today TGGL has not received any response from the State, which
inevitably causes a progressive deterioration in her health and personal integrity. Although the efforts of the
mother of TGGL, there is no information indicating that any State institution in charged of the interests of the
child was part of the judicial procedure or contributed to the searching for medical attention. Al this situation
has been extended to the family members of TGGL, tothe exercise of her right to education and, in sum, to the
mínimum conditions to live and develop with dignity.
189.
The Inter-American Court has referred to the concept of a dignified life among the
obligations imposed by Article 4 of the Convention. In the Case of Villagrán Morales et. al. the Court
established that “the fundamental right to life includes, not only the right of every human being not to be
deprived of his life arbitrarily, but also the right that persons will not be prevented from having access to the
conditions that guarantee a dignified existence.” 187 This interpretation was applied in the indigenous
187 I/A Court H.R. Case of “the Street Children” (Villagrán Morales et. al.) v. Guatemala. Merits. Judgment of November 19, 1999.
Series C No. 63, para. 144 and 191.