considered that the advanced age of the petitioners required the authorities to exercise
special diligence for the resolution of their proceedings. 83 For its part, this Court has
considered that that when vulnerable persons are involved, as in the case of a person with
disabilities, it is imperative to take the pertinent actions, such as ordering the authorities to
give priority to addressing and settling such cases, in order to avoid delays in their
processing so as to ensure a prompt decision and execution thereof.84
60.
Thus, it is pertinent to recall that any procedure initiated by a vulnerable person,
including requests for permission to receive medical treatment, implies a reinforced
obligation to respect and ensure his or her rights. This reinforced obligation particularly
affects all judicial authorities responsible for, or with knowledge of, procedures related to
the health condition of a person with disabilities. Therefore, in cases such as those
considered by the judges responsible for the enforcement of sentences, it is essential that,
in consideration of the right to judicial protection, they bear in mind the specificities related
to the vulnerability of persons who have recourse to them, in order to avoid perpetrating
further human rights violations and addressing those that arise. It is clear that these
standards should have been observed and could have served to prevent the health problems
suffered by Mrs. Chinchilla, since, in addition to being a disabled woman, who could
potentially reach an advanced age, she was a person deprived of liberty.
61.
It is for this reason that, for example, to require a person to submit a request to
attend a medical appointment eight days in advance or otherwise it would be denied, without
taking into account that her advanced clinical symptoms showed a deterioration in her
health, showed a failure to act with exceptional diligence. It is also important to stress that
it was demonstrated that the COF did not have the infrastructure or the specialized medical
care to provide Mrs. Chinchilla with adequate living conditions and appropriate
rehabilitation. To the foregoing we should add that there is a direct and significant link
between disability, on the one hand, and poverty and social exclusion, on the other, even
within prisons.85
62.
A total absence of accessibility or a deficient policy of accessibility to public spaces
and services for persons with physical or mental impairments implies a violation of the
principle of equality and non-discrimination. However, to assume that by adopting certain
measures of accessibility without necessarily studying the specific situation of the disabled
person, and their personal needs to ensure effective enjoyment of a right, exacerbates the
situation of inequality and discrimination.
ECHR, Case of Jablonská v. Poland, (No.60225/00), Judgment of March 9, 2004. Final, June 9, 2004,
para. 43 and Case of Codarcea v. Romania, (No. 31675/04), Judgment of June 2, 2009. Final, September 2, 2009,
para. 89. Likewise, Case of Styranowski v. Poland, (No. 28616/95), Judgment of October 30, 1998, para. 57 and
Case of Krzak v. Poland, (No. 51515/99), Judgment of April 6, 2004. Final, July 7, 2004, para. 42.
83
Case of Furlan and Family v. Argentina. Preliminary objections, merits, reparations and costs. Judgment
of August 31, 2012. Series C No. 246, para. 196.
84
Cf. Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149 para. 104 and Case of
Furlan and Family v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of August 31,
2012. Series C No. 246, para. 196, para. 201.
85
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