45
157. The Court deems it relevant, as it has ruled in other cases124, to order that
the State publish in the Official Gazette and in another newspaper of wide national
circulation, for a single time and as a measure of satisfaction, the following: the
operative paragraphs of this Judgment, as well as the following paragraphs: 1, 2, 4,
5 and 6 of Chapter I, “Introduction of the Case and Subject-Matter of the Dispute;”
17, 18, 21, 22 and 24 of Chapter IV, “Partial Acknowledgment of International
Responsibility;” 44 to 50 of section (b), “Article 5(1) (Right to Humane Treatment)”
of the Convention, of Chapter VI; 64 of chapter VII; and 79 to 109 of section B,
“Proceedings before criminal jurisdiction,” chapter VII, including the headings of each
chapter and the relevant section, but exclusive of the footnotes. These publications
shall be made within six months following notification of this Judgment.
b)
Legislation
158. Both the representatives and the Commission requested the Court to order
the State to adopt necessary measures within its domestic legal system “[…,] by
establishing mechanisms (legal or otherwise) to effectively identify the criminal
behavior related to medical malpractice.”
159. As previously mentioned, the State expressed that “it acknowledges not
having done its duty to adopt domestic provisions, under Article 2 of the American
Convention, by not having enacted a more adequate criminal description to punish
physicians responsible for malpractice.”
160. The Tribunal has already indicated that it values in a positive manner the
decision of the State to endeavor to improve its health care and adapt its criminal
legislation in general, regarding medical malpractice and to include therein the
precisions necessary to ensure effectively that the applicable laws will favor the due
course of justice in such area (supra paras. 11 and 137).
c)
Campaign for the rights of patients and education and training of justice
operators
161. The Court acknowledges that the State has adopted different domestic
measures to regulate the rendering of health care services by public and private
centers, and to foster the observance of patients’ rights, which will make it possible
to improve health care, as well as its regulation and supervision.
162. Within a reasonable time, the State shall widely disseminate patients’ rights,
using proper means of communication and applying both existing Ecuadorian
legislation and international standards.
163. In this regard, the State shall also take into account the provisions of Article
15 of the Law on the Rights and Protection of the Patient, enacted on February 3,
1995: “[t]he duty of all health care services to place copies of this law at the disposal
of users and to display patients’ rights in visible places for the public to see”.
124
Cf. Case of Cantoral-Benavides, supra note 122, para. 79; Case of Cantoral-Huamaní and GarcíaSanta Cruz, supra note 13, para. 192; Case of Zambrano-Vélez et al., supra note 9, para. 151; and Case
of Escué-Zapata, supra note 12, para. 174.