regulate, supervise and control the health care offered, ensuring, above other aspects, that
the conditions of hygiene and the personnel are adequate, that the latter are duly qualified,
and remain apt to exercise their profession. 209 In this regard, the Committee on Economic,
Social and Cultural Rights has established the standards for these principles concerning the
guarantee of the right to health, recognized in Article 12 of the International Covenant on
Economic, Social and Cultural Rights. The Committee has underscored, with regard to
quality, that health facilities must have satisfactory conditions of hygiene and trained
medical personnel. 210
153. Lastly, the Court notes that the supervision and control of the private clinic was not
carried out prior to the facts by the competent State authorities (Ministry of Public Health),
which signified the State’s failure to comply with the obligation to prevent the violation of
the right to personal integrity of Melba Suárez Peralta. The medical care received from an
unauthorized professional and a clinic that was not being supervised by the State had an
adverse impact on the health of the presumed victim. In addition, the State failed to prove
that it had exercised control of this private institution after the facts, when it became aware
of the facts or as a result of the corresponding criminal proceedings that were initiated and
the constant requests made by Melba Peralta Mendoza that the clinic be inspected and
closed.
c) Conclusion
154. The Court concludes that, although the relevant Ecuadorian regulations established
mechanisms of control and supervision of medical care, this supervision and control was not
carried out in the instant case, as regards both control of the services provided in the State
facility, the Polyclinic of the Guayas Traffic Commission, and those provided in the private
institution, the Minchala Clinic. The Court finds that this resulted in a situation of risk, which
the State was aware of, that materialized in adverse effects on the health of Melba Suárez
Peralta. Therefore, the State of Ecuador incurred international responsibility for the absence
of prevention and the failure to guarantee the right to personal integrity of Melba Suárez
Peralta, in violation of Article 5(1) of the American Convention, in relation to Article 1(1) of
this instrument.
3. Violation of the personal integrity of Melba Peralta Mendoza
155. Melba Suárez Peralta described the sufferings of her family as a result of the physical
ailments she suffered. 211 In addition, the psychologist, Eduardo Tigua Castro, indicated in
c) Acceptability. All health facilities, goods and services must be respectful of medical ethics and
culturally appropriate, […] as well as being designed to respect confidentiality and improve the health
status of those concerned.
(d) Quality. As well as being culturally acceptable, health facilities, goods and services must also be
scientifically and medically appropriate and of good quality. This requires, inter alia, skilled medical
personnel, scientifically approved and unexpired drugs and hospital equipment, safe and potable water,
and adequate sanitation.
209
Cf. Case of Ximenes Lopes, supra, para. 99. See also; United Nations, Economic and Social Council,
Committee on Economic, Social and Cultural Rights. General Comment No. 14, supra, paras. 12, 33, 35, 36 and
51.
210
United Nations, Economic and Social Council, Committee on Economic, Social and Cultural Rights. General
Comment No. 14, supra, para. 12.
211
In her testimony during the public hearing on February 11, 2013, Melba Suárez Peralta stated that her
“children were very young; […] from the time [she] first started to suffer until now [… she has] been unable to look
after them; […her] children have suffered greatly […]. [Her] husband […] has often suffered with [her].”
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