economic, social and cultural rights. In the words of the Court, both groups of rights must be “fully understood as human rights, without any rank and enforceable in all the cases before the competent authorities.”88 106. In order to prevent violations of the right to life and humane treatment as a consequence of provision of inadequate health care services, such services must fulfill the requirements of the principles of availability, accessibility, acceptability and quality of the medical benefits, and it has been noted that those obligations must be “oriented” toward the satisfaction of such principles,89 which were interpreted by the Committee on Economic, Social and Cultural Rights in its General Comment No. 14 as “interrelated and essential elements,” in the following terms: a) Availability. Functioning public health and health-care facilities, goods and services, as well as programs, have to be available in sufficient quantity within the State party. They will include, however, the underlying determinants of health, such as safe and potable drinking water and adequate sanitation facilities, hospitals, clinics and other healthrelated buildings, trained medical and professional personnel receiving domestically competitive salaries, and essential drugs, as defined by the WHO Action Program on Essential Drugs. b) Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: i)Non discrimination: health facilities, goods and services must be accessible to all, especially the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds. ii)Physical accessibility: health facilities goods and services must be within safe physical reach for all sections of the population, especially vulnerable or marginalized groups, such as ethnic minorities and indigenous populations, women, children, adolescents, older persons, persons with disabilities and persons with HIV/AIDS. […] iii) Economic accessibility (affordability): health facilities, goods and services must be affordable for all. Payment for health-care services, as well as services related to the underlying determinants of health, has to be based on the principle of equity, ensuring that these services, whether privately or public provided, are affordable for all, including socially disadvantaged groups. Equity demands that poorer households should not be disproportionately burdened with health expenses as compared to richer households. iv) Information accessibility: accessibility includes the right to seek, receive and impart information and ideas concerning health issues. However, accessibility of information should not impair the right to have personal health treated with confidentiality. c) Acceptability. All health facilities, goods and services must be respectful of medical ethics and culturally appropriate, i.e. respectful of the culture of individuals, minorities, peoples and communities, sensitive to gender and life-cycle requirements, as well as being designed to respect confidentiality and improve the health status of those concerned. 88 IA Court of HR, Case of Acevedo Buendía et al (“Discharged and Retired Employees of the Comptroller”) v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 1, 2009. Series C No. 198, par. 101. Also see: UN. Committee on Economic, Social and Cultural Rights. General Comment No. 9, par. 10. 89 IA Court of HR, Case of Suárez Peralta v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment May 21, 2013. Series C No. 261, 27

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