14
physical and psychological integrity, as she felt defenseless in the face of the
likelihood of death and endured great suffering at the sight of her parents’
intense pain. As to the latter, the representatives argued that as witnesses to
the mistreatment and negligence of the medical staff who attended their
daughter, they became victims of the violation of their right to psychological
and moral integrity. They further pointed out that her mother, Carmen
Cornejo de Albán, had to stop practicing her profession as a psychologist to
devote all her time to the quest for justice, which prevented her to develop
her life aspirations. This affected her psychologically and emotionally; not
working resulted in irreparable economic losses. Lastly, they requested the
Court to uphold the allegation that any form of impairment or failure to
respect human dignity is a form of cruel treatment.
c)
Regarding Article 13 (Freedom of Thought and Expression) of the
Convention, they argued that the Metropolitan Hospital hid valuable
information about the treatment and death of Miss Albán and concealed the
identity of the physicians responsible, which directly affected the right of her
next of kin to know the truth. Because they were not given the medical
documents, Laura Alban’s parents could not immediately put into motion any
action before justice authorities. The State is responsible for failing to protect
the right to information of the patients and their concerned next of kin. Due
to this omission, a never-ending wait begun in the quest for justice and the
application of the law. They added that the tolerant, passive, and careless
attitude of public authorities was the reason why Miss Albán’s parents were
not able to have timely information about their daughter, which constituted a
violation of their right to information and leaving them defenseless.
d)
Regarding Article 17 (Rights of the Family)27 of the Convention, they
claimed that the State has the duty to protect the family as an institution by
adopting the necessary legal and judicial measures which allow protecting and
preserving the family union, for which they referred to the provisions of the
American Convention, to Article 15 of the Additional Protocol to the American
Convention in the Area of Economic, Social and Cultural Rights. According to
the representatives, the ignorance of the facts as a result of the misconduct
of the authorities in charge of the administration of justice, the lack of
procedures and, in general, the non-compliance by the State with the basic
rights and freedoms of its citizens, caused great suffering and depression to
Laura Albán’s parents and siblings, which affected their normal family
development, relations and activities. This destabilized the family in general
and affected their life quality.
40.
In its brief of closing arguments, the State requested the Court to dismiss the
alleged violations, as they disregard the grounds of the contentious proceedings
brought before the Inter-American jurisdiction: the existence of a conduct in
violation of human rights which is attributable to the State, an injury committed
against an individual and a relationship between both elements. In this regard, the
State argued that:
a)
Article 4 (Right to Life) of the Convention. Those responsible for the
death of Laura Albán were private individuals working in a private hospital,
27
This article was first alleged by the representatives in their brief of pleadings and motions.