38
121. The Court has expressed that the States are responsible for regulating and
supervising the rendering of health services,114 so that the rights to life and humane
treatment may be effectivelly protected. All of this requires setting up a legal system
which effectively respects and guarantees the exercise of such rights, and
supervising permanently and effectively the rendering of services on which life and
humane treatment depend.
122. Laura Albán died at the Metropolitan Hospital, a private health center. The
State is not immediately responsible for the intervention of the staff of such private
institution, but it is its duty to supervise the activities of such institution to achieve
the purposes herein stated.
2)
Legislation in relation to health
123. As it has been argued, the States must have effective legislation to guarantee
health care users an effective investigation into the acts which are in violation of
their rights. Naturally, this includes the acts arising from the rendering of medical
services.
124.
The Court admits that the State has recently adopted measures aimed at
supervising and improving the conditions of health care services, among which are
the measures aimed at developing technical standards and national protocols related
thereto.
125. The Constitution of June 5, 1998, which came into force on August 11 of the
same year, sets forth that “[t]he State shall formulate its national health policy and
shall supervise its implementation thereof; [and] shall monitor the operation of the
institutions in such area” (Article 44).
126. The State enacted the Health System’s National Organic Law, Law No. 80 of
September 25, 2002, which sets forth the legal framework of Ecuador’s national
health system. Article 10 of said Law sets forth that the Ministry of Public Health
shall “develo[p] […] the essential functions of the public health system: [this]
includes all the State responsibilities regarding the protection of health as a public
good;” and “control[ing] and evaluat[ing] […] health plans and policies, the
performance of the services rendered and the intervention of the institutions”
(paragraphs 5 and 6).
127. The Rules of Procedure of said Organic Law, Executive Decree No. 3611 of
January 28, 2003, refers to the Ministry of Public Health’s obligation in defining and
issuing the rules and procedures regarding health care services (Article 20) and
provides that the services rendered by public and private institutions in the national
health system shall meet the licensing provisions and minimum standards set forth
by the Ministry of Public Health (Article 21).
128. Recently, the Organic Law of Health, Law No. 67, was enacted on December
22, 2006, standardizing health care services. It states that health “[i]s an inalienable
No. 146, para. 154; Case of Baldeón-García, supra note 38, para. 81; and Case of Ximenes-Lopes, supra
note 19, para. 88.
114
Cf. Case of Ximenes-Lopes, supra note 19, para. 99.