that, although nearly five years have passed since the delivery and notification of the
Judgment, the measure ordered has not yet been complied with fully. Consequently, this
Court considers it necessary that the State present information on the implementation of
specific measures that complement those mentioned and that are pertinent to comply with
the education and training programs ordered.
20.
The Court will consider the general state of compliance with the Judgment once it
has received the relevant information on the reparations pending compliance.
THEREFORE
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions, pursuant to Articles 33,
62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human Rights, 25(1) and 30
of its Statute and 31(2) and 69 of its Rules of Procedure,
DECLARES THAT:
1.
The State has complied fully with the fifth operative paragraph of the Judgment by
the publication of operative paragraphs 4, 5, 6, 7, 8, 9, and 10 of the Judgment, in
accordance with paragraph 11 of this Order (fifth operative paragraph of the Judgment).
2.
It will maintain open the procedure of monitoring compliance with the aspects
pending compliance in this case, namely:
a)
To disseminate widely, within a reasonable time, the rights of patients, using
the appropriate media and taking into account the legislation that exists in Ecuador
and the international standards, in the terms of paragraphs 162 and 163 of the
Judgment (sixth operative paragraph of the Judgment); and
b)
To implement, within a reasonable time, a program to educate and train
agents of justice and health care professionals on the laws that Ecuador has enacted
with regard to patients’ rights, and on the punishment for failing to comply with
them, in the terms of paragraph 164 of the Judgment (seventh operative paragraph
of the Judgment
AND DECIDES:
1.
That the State must adopt all necessary measures to comply fully and promptly with
the aspects pending compliance in accordance with the provisions of Article 68(1) of the
American Convention on Human Rights.
2.
That the State must present to the Inter-American Court of Human Rights, by May 6,
2013, at the latest, a report indicating all the measures adopted to comply with the
reparations ordered by this Court that are pending compliance.
3.
That the victims and the Inter-American Commission on Human Rights must present
any observations they deem pertinent on the report of the State mentioned in the preceding
operative paragraph, within four and six-weeks, respectively, of receiving this report.
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