Based on everything I have stated here so far, I add that the State, as well as being
responsible for violating the obligation to guarantee the rights to personal integrity and to life
(Articles 5(1) and 4(1) of the American Convention on Human Rights), in relation to Article
1(1) thereof, to the detriment of the victim, failed to comply with Article 26, and that the
conduct of the State impaired the right to health of María Inés Chinchilla Sandoval.
III.
Final Considerations
In spite of my concordant position with everything ordered in the Judgment and my personal
conviction that when possible one should avoid purely conceptual divergences, which does not
occur in this case, I issue this opinion in the hope that the System for the Protection of Human
Rights in the Americas can advance further in the direction toward full protection of all human
rights, interdependent and indivisible, that will come to be recognized in existing and future
international instruments, notwithstanding the artificially imposed separation.
Roberto F. Caldas
Judge
Pablo Saavedra Alessandri
Secretary
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