Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights establishes that everyone has the right to health, understood as the enjoyment of the highest level of physical, mental, and social wellbeing, and it indicates that health is a public good.37 Thus, this Court has established that the State has the duty to provide detainees with regular medical review and appropriate medical care and treatment when required. 38 44. This Court has noted that a lack of appropriate medical care does not satisfy the minimum material requirements of humane treatment due because of a person’s nature as a human being pursuant to Article 5 of the American Convention.39 Thus, the lack of appropriate medical care to a person deprived of liberty and under State custody can be considered in violation of Article 5(1) and 5(2) of the Convention depending on all the circumstances of the case, such as the health of the victim or the type of illness suffered, the duration of time that has elapsed in which the victim has gone without treatment, its cumulative physical and mental effects,40 and in some cases, the sex and age of the victim, among others. 41 B.2. Analysis of each stage of the medical care received by Mr. Pedro Miguel Vera Vera 45. In order to determine whether in this case there are violations to the rights to personal integrity and life of Mr. Vera Vera, as mentioned above, the Court will analyze in this Chapter and in a separate manner the actions taken by the State in each of the various stages in which the general facts established occurred. (supra para. 38). 37 Cf. Case of Albán Cornejo et al. V. Ecuador. Merits, Reparations and Costs. Judgment of November 22, 2007. Series C No. 171, para. 117. See also, Article 25(1) of the Universal Declaration of Human Rights, Article XI of he American Declaration of the Rights and Duties of Man, and General Comment 14 of the Commitee on Social, Economic, and Cultural Rights. “The enjoyment of the highest attainable standard of health” (Article 12 of the International Covenant on Economic, Social, and Cultural Rights)”. 22º period of sessions, 2000, U.N. Doc. E/C.12/2000/4 (2000), para. “The States have the obligation to respect the right to health, in particular, abstaining from refusing or limiting equal access to all persons, including prisoners and detainees, the representatives of minorities, those seeking asylum, and illegal immigrants to services for preventive care, treatment, and palliatives [.]” 38 Cf. Case of Tibi V. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 7, 2004. Series C No. 114, para. 157; Case of Montero Aranguren et al. (Detention Center of Catia) V. Venezuela, supra note 37, para. 102, and Case of Vélez Loor v. Panamá, supra note 3, para. 220. 39 Cf. Case of De la Cruz Flores V. Perú. Merits, Reparations and Costs. Judgment of November 18, 2004. Series C No. 115, para. 131; Case of García Asto and Ramírez Rojas V. Perú. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 25, 2005. Series C No. 137, para. 226, and Case of Montero Aranguren et al. (Detention Center of Catia) V. Venezuela, supra note 37, para. 102. 40 Cf. Case of Montero Aranguren et al. (Detention Center of Catia) V. Venezuela, supra note 37, para. 103, and Case of Vélez Loor V. Panamá, supra note 3, para. 220. 41 Cf. Case of the “Street Children” (Villagrán Morales et al.) V. Guatemala, supra note 29, para. 74; Case of the Hermanos Gómez Paquiyauri V. Perú. Merits, Reparations and Costs. Judgment of July 8, 2004, para. 113, and Case of of the Miguel Castro Castro Prison V. Perú. Merits, Reparations and Costs. Judgment of November 25, 2006. Series C No. 160, para. 316. 19