continuous manner, by qualified medical personnel, including the required food and
medications, either within or outside the prison, for her illnesses or ailments throughout the
time she was incarcerated.38 In other words, although the Judgment insists on limiting the
violations declared to Articles 4 and 5 of the American Convention, the truth is that we are
faced with a situation in which the right to health is affected, which also has an impact on
the right to life and to physical and emotional integrity within the detention center.
31.
In the Judgment, the standards developed by the Inter-American Court focus on the
right to health, more than on the rights to life and to personal integrity. Thus, the InterAmerican Court considers that, in order to ensure that persons deprived of liberty receive a
dignified and humane treatment, they should have access to medical treatment, which must
include initial and regular checkups when necessary. Furthermore, when an inmate is known
to suffer a disease that requires supervision and appropriate treatment, a complete record
must be kept of his state of health and of the treatment he receives while in detention. In
the case of prisons, the Inter-American Court, referring for the first time since its approval
of the United Nations Minimum Standard Rules for the Treatment of Prisoners, or the
“Mandela Rules”, indicated that to implement effective and qualified medical care for
persons deprived of liberty, the State must provide this either within the place of detention
or prison or, if this is not available, in hospitals or health care centers where that service is
provided.39
32.
The Inter-American Court reached the conclusion that the right to life and to personal
integrity were violated by the fact that the prison in which the victim was confined lacked
the necessary resources, specialized staff, equipment and infrastructure to be able to
provide adequate care when faced with the deterioration of her health; that she also
required regular examinations and care, both by the prison’s in-house doctor and by
external consultants and that, although she could receive ambulatory treatment for her
disease, the prison system did not provide the necessary treatment, or it was not clear if
the COF could do so, or who administered the medication that she required. Moreover, it
was evident that at any time she could suffer a decompensation that would require
specialized hospital treatment and that her life could be at risk if that treatment was not
adequate and consistent, or if she was left to administer her own medications, since the
COF did not have the necessary equipment to provide emergency treatment for a diabetic
coma, a complication that could be fatal. 40
33.
Although the Judgment does not expressly declare the violation of the right to health
in developing the standards related to the State’s obligation to ensure the right to health
through the provision of medical care to persons deprived of liberty, in this first phase the
Court should have analyzed the essential and interrelated elements of availability,
accessibility, acceptability and quality of the right to health with greater scrutiny. In this
regard, the Judgment merely states that:
Cf. Case Chinchilla Sandoval v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment
of February 29, 2016, Series C No. 312, para. 185.
38
Cf. Case Chinchilla Sandoval v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment
of February 29, 2016, Series C No. 312, para. 178.
39
Cf. Case Chinchilla Sandoval v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment
of February 29, 2016, Series C No. 312, paras. 196, 197, 198 and 199.
40
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