of the International Covenant on Economic, Social and Cultural Rights, 12(1) 18 of the
Convention on the Elimination of all Forms of Discrimination against Women, 24 19 and 25 20
of the Convention on the Rights of the Child, among other international instruments 21 and
sources 22 — and even national ones by way of Article 29(b) 23 of the American Convention. 24
And this, without being limited by Article 19(6) 25 of the Protocol of San Salvador, which
Member states affirm their commitment to promote healthy lifestyles and to strengthen their capacity to
prevent, detect, and respond to chronic non-communicable diseases, current and emerging infectious diseases, and
environmental health concerns. Member states also commit to promote our peoples’ well-being through prevention
and care strategies and, in partnership with public or private organizations, to improve access to health care.”
“Chapter V, Article 1: “Integral development encompasses among others, the economic, social,
educational, cultural, scientific, technological, labor health, and environmental fields through which the goals that
each country sets for accomplishing it should be achieved.”
17
International Covenant on Economic, Social and Cultural Rights: “Article 12(1) The States Parties to the
present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical
and mental health. (2) The steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for: … (d) The creation of conditions which would assure to all
medical service and medical attention in the event of sickness.”
18
Convention on the Elimination of all Forms of Discrimination against Women: “Article 12. States Parties
shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to
ensure, on a basis of equality of men and women, access to health care services, including those related to family
planning.
19
Convention on the Rights of the Child: “Article 24. 1. States Parties recognize the right of the child to the
enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to
such health care services. 2. States Parties shall pursue full implementation of this right and, in particular, shall
take appropriate measures […].”
20
Convention on the Rights of the Child: “Article 25. States Parties recognize the right of a child who has
been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or
mental health, to a periodic review of the treatment provided to the child and all other circumstances relevant to
his or her placement.”
21
For example, the Convention on the Protection of Migrant Workers and Members of their Families: “Article
28. Migrant workers and members of their families shall have the right to receive any medical care that is urgently
required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of
equality of treatment with nationals of the State concerned. Such emergency medical care shall not be refused
them by reason of any irregularity with regard to stay or employment.” In general, see the instruments that are
mentioned in General Comment No. 14 of the Committee on Economic, Social and Cultural Rights on “The right to
the highest attainable standard of health (Article 12),” para. 2.
22
Such as the general recommendations and comments of different Committees. Particularly relevant to the
right to health is General Comment No. 14 of the Committee on Economic, Social and Cultural Rights, which
interprets Article 12 of the International Covenant on Economic, Social and Cultural Rights, on “The right to enjoy
the highest attainable standard of health.” Also, the Liburg Principles on the Implementation of the International.
Covenant on Economic, Social and Cultural Right, paragraph 25 of which indicates: “States parties are obligated
regardless of the level of economic development, to ensure respect for minimum subsistence rights for all.”
In addition, the Progress Indicators in Respect of Rights Contemplated in the Protocol of San Salvador,
OEA/Ser.L/XXV.2.1, Doc 2/11 rev.2, 16 December 2012, are of interest.
23
American Convention: “Article 29(b) No provision of this Convention shall be interpreted as restricting the
enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue of
another convention to which one of the said states is a party.”
24
Most of the national Constitutions of the countries that have signed the Pact of San José explicitly
regulate, implicit with other precepts or by means of the incorporation of international treaties, the protection of
the right to health. See infra paras. 74 and 75. In addition, it should be recalled that the Inter-American Court has
used the contents of the national Constitutions to grant certain contents to civil rights; for example “in application
of Article 29 of the Convention, the provisions of article 44 of the Constitution of the Republic of Colombia should
be considered” (fundamental rights of the child). Case of the “Mapiripán Massacre,” supra, para. 153.
25
Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural
Rights: “Article 19. Measures of protection. 6. Any instance in which the rights established in paragraph (a) of Article
8 and in Article 13 are violated by action directly attributable to a State Party to this Protocol may give rise,
4