158. The Court has verified various omissions in the medical care provided to the
presumed victims who are deceased. Specifically, the State failed to comply with its
obligation to provide antiretroviral therapy, to perform diagnostic tests for the care and
treatment of HIV and opportunistic diseases, and to provide social support. These omissions
constitute therapeutic failures and, if they had not occurred, this would have reduced the
probability of the opportunistic diseases occurring that led to the death of the presumed
victims. The Court therefore considers that the existence of a causal nexus has been proved
in these cases.
159. In this regard, the Court notes that: (i) Facundo Gómez Reyes died from
tuberculosis; (ii) Reina López Mujica died from tuberculosis and anemia; (iii) Petrona López
Robledo, (iv) Rita Mariana Dubón Orozco and (v) Alberto Quiché Cuxeva died from
pneumonia; (vi) Silvia Mirtala Alvarez Villatoro died from bacterial meningitis, and (vii)
Ismar Ramírez Chajón died from disseminated mycosis. The Court also notes that: (viii)
Guadalupe Herminia Cayaxon García is deceased and, among other diseases and illnesses,
had suffered from herpes, enlarged liver and bronchial hyperreactivity; (ix) Elsa Miriam
Estrada Ruíz is deceased and had suffered from oral candidiasis, herpes zoster and
neuropathy; (x) Juana Aguilar is deceased and, among other diseases, had suffered from
herpes zoster and sarcoidosis; (xi) María Blanca Vaíl López is deceased and, among other
diseases, had suffered from, herpes and candidiasis, and (xii) José Rubén Delgado López is
deceased and, among other diseases, had suffered from candidiasis, cryptococcus,
sarcoidosis and herpes. Consequently, with regard to the persons mentioned in this
paragraph, the State is responsible for the violation of the obligation to ensure the right to
life recognized in Article 4(1) of the American Convention in relation to Article 1(1) of this
instrument. However, the Court does not have sufficient information to determine the cause
of death of (xiii) Luis Edwin Cruz Gramajo, so that, in this regard, the State is not
responsible for violating the obligation to ensure the right to life recognized in Article 4(1) of
the American Convention in relation to Article 1(1) of this instrument.
160. Second, the Court notes that the representatives’ arguments concerning the violation
of the right to a decent life refer to the State’s failure to comply with its obligation to adopt
positive measures to ensure comprehensive, accessible and acceptable medical care to the
presumed victims. In this regard, the Court notes that these arguments have been analyzed
in the section on the right to health; therefore, it will not examine them in this section.
B.5.2. Analysis of the right to personal integrity
161. The American Convention expressly recognizes a person’s right to physical and
mental integrity, and the violation of this right “is a type of violation that has different
degrees and […] its physical and mental effects vary in intensity according to endogenous
and exogenous factors that must be proved in each specific situation.”187 The Court has
established that personal integrity is directly and immediately connected to health care, 188
and that the lack of adequate medical care may entail the violation of Article 5(1) of the
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 57,
and Case of the Xucuru Indigenous People and its members v. Brazil. Preliminary objections, merits, reparations
and costs. Judgment of February 5, 2018. Series C No. 346, para. 171.
187
Cf. Case of Albán Cornejo et al. v. Ecuador. Merits, reparations and costs. Judgment of November 22,
2007. Series C No. 171, para. 117, and Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs.
Judgment of March 8, 2018. Series C No. 349, para. 152.
188
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