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role played by the professional bodies in charge of making determinations on
ethical or technical matters. It should be noted that these might be legally relevant
to the members of the relevant association, to third parties asserting professional
responsibility or a right to access (professionally certified) information regarding
certain facts, and, basically, for the formation of more-or-less conclusive criteria
concerning the provision of highly important services (as the protection of life and
humane treatment, through health care) and the potential expectations of society
in this regard.
18.
A distinction must certainly be drawn between the opinions of a private
association existing and acting through the sole initiative of its members (even
though subject to the rules governing this kind of collective person: usually, civil
norms), the decisions of which carry mild implications, and those of entities or
institutions created by virtue of a State decision (through a law, for instance)
attributing to them certain powers over the conduct and rights of their members.
19.
Furthermore, it is necessary to analyze the possible impact or implications of
such opinions on third parties who are not members of the relevant entity, based
on whether such parties actually hold certain effective rights or are mere witnesses
and, in a way, the “powerless” targets of the entity’s decisions. It is also necessary
to determine whether the decisions of any such entity condition, subordinate or
influence the performance of the duties or the exercise of the powers attributed to
the formal organs of the State for the performance of inherently public functions
such as the administration of justice or the oversight of health-care providers.
20.
Where there is no such conditioning – as noted by the Court in the Case of
Albán-Cornejo et al. –, the State is required to act further to its powers, with no
further requirement or delay. Otherwise, the condition needs to be analyzed (as it
may amount to a requirement for admissibility, a procedural obstacle or a prejudicial matter), and the appropriateness of maintaining a condition that interferes
with the rights of a third-party needs to be considered from the perspective of what
the law ought to be.
21.
Any possible reflections in this case would cover, with the relevant
specificity, not only professional associations –in the case at hand, a medial
association–, which are traditional union defense and supervision bodies, lato
sensu, but also other bodies currently operating in the area under analysis, which
are required to act in an increasingly more relevant and decisive manner. Such is
the case with ethics and bioethics committees and commissions, largely resorted to
and relied on in national and international instruments and incorporated into health
and research centers.
22.
In all such cases, the actions of such expert bodies – whose decisions and
opinions influence the operation of the institutions to which they belong and the
conduct of public authorities to various degrees – are subject to national and
international, general and specific, ethical and legal regulations, in addition to
scientific and technical standards, that they ought to adequately know and apply. It
is critical to take into consideration that their decisions, suggestions and
instructions will have remarkable bearing on the definition and exercise of the
rights and the understanding and fulfillment of the obligations of those who, in
different capacities, play a role in the daily relationship between the providers and
recipients of services in which human life and integrity are at stake.