B.2. The right to health as an autonomous and justiciable right
98.
The Court reiterates that the right to health is derived from the economic, social,
educational, scientific and cultural standards set forth in the OAS Charter.92 It also
reiterates the nature and scope of the obligations that derive from the protection of this
right, as regards both those aspects that may be enforced immediately and those that are
of a progressive nature.93 In this regard, the Court recalls that, in the case of the former
(obligations that are enforceable immediately), States must take effective measures to
ensure access without discrimination to the services necessary for the right to health.94 In
the case of the latter (obligations of a progressive nature), progressive realization means
that States Parties have the concrete and constant obligation to make the most effective
and rapid progress possible towards the full realization of the right,95 insofar as their
available resources permit, by legislative or other appropriate means.96
99.
Consequently, first, the Court notes that Article 34(i)97 and 34(l)98 of the OAS
Charter establishes, among the basic objectives of integral development, “[p]rotection of
man's potential through the extension and application of modern medical science,” as well
as “[c]onditions that offer the opportunity for a healthful, productive, and full life.”
Meanwhile, Article 45(h)99 stresses that “man can only achieve the full realization of his
aspirations within a just social order,” so that the States agree to dedicate every effort to
the application of principles such as: “(h) development of an efficient social security policy.”
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 349, para. 106.
92
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 349, para. 104.
93
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 349, para. 104; Committee on Economic, Social and Cultural Rights, General Comment No. 3: The
Nature of States Parties’ Obligations (Art. 2, Para. 1, of the Covenant). December 14, 1990, U.N. Doc. E/1991/23,
para. 3, and Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the
Highest Attainable. Standard of Health, August 11, 2000, U.N. Doc. E/C.12/2000/4, para. 30.
94
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 349, para. 104, and Committee on Economic, Social and Cultural Rights, General Comment No. 3: The
Nature of States Parties’ Obligations (Art. 2, Para. 1, of the Covenant). December 14, 1990, U.N. Doc. E/1991/23,
para. 9.
95
Article 26 of the Convention establishes: “Progressive Development. The States Parties undertake to adopt
measures, both internally and through international cooperation, especially those of an economic and technical nature,
with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights
implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.”
96
Article 34(i) of the OAS Charter establishes: “[t]he Member States agree that equality of opportunity, the
elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their
peoples in decisions relating to their own development are, among others, basic objectives of integral
development. To achieve them, they likewise agree to devote their utmost efforts to accomplishing the following
basic goals: […] (i) Protection of man's potential through the extension and application of modern medical science.”
97
Article 34(l) of the OAS Charter establishes: “[t]he Member States agree that equality of opportunity, the
elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their
peoples in decisions relating to their own development are, among others, basic objectives of integral
development. To achieve them, they likewise agree to devote their utmost efforts to accomplishing the following
basic goals: […] (l) Urban conditions that offer the opportunity for a healthful, productive, and full life.”
98
Article 45(h) of the OAS Charter stipulates “[t]he Member States, convinced that man can only achieve the
full realization of his aspirations within a just social order, along with economic development and true peace, agree
to dedicate every effort to the application of the following principles and mechanisms: […] (h) Development of an
efficient social security policy.”
99
34