justice. 123 In this case, as already mentioned, given the quest to ensure treatment for Martina through the
above-accredited litigation and the obviously close family bond between the parents and their daughter in her
seriously vulnerable condition, one can infer that the alleged suffering was only logical.
94.
Consequently, the Commission concludes that the State violated the right of Mr. Vera and Ms.
Rojas to have their mental and moral integrity respect, as recognized in Article 5.1 of the American Convention,
taken in conjunction with the obligations set out in Article 1(1) thereof.
V.
CONCLUSIONS AND RECOMMENDATIONS
95.
Based on the findings of fact and law, the Inter-American Commission concluded that the State
is responsible for the violation of Articles 4(1) (right to life), 5(1) (right to humane treatment), 19 (rights of the
child with disability), 26 (right to health), and 8(1) and 25(1) (rights to a fair trial and judicial protection) of
the American Convention on Human Rights, in relation to the obligations established in Articles 1(1) and 2 of
the same instrument.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF
CHILE:
1.
Provide full reparation for the human rights violations found in the instant report, including
both material and nonpecuniary dimensions. The state should adopt measures of economic compensation and
satisfaction.
2.
Arrange for Ramiro Vera Luza and Carolina Rojas Farías to receive the necessary physical and
mental health care for their rehabilitation, if they so wish and in a manner that meets with their agreement.
3.
Ensure that Martina Vera Rojas' in-home care regime remains in effect for as long as she needs
it. As part of this recommendation, any future determination made on said regime must comply with the
standards described in this report and have as its primary consideration the best interests of the victim as a
child with a disability.
4.
Provide non-repetition mechanisms that, inter alia: (i) ensure that the process before the
Superintendency of Health on disputes between Isapres and insureds over the withdrawal of medical benefits
for serious diseases conforms to the standards established in this report; and (ii) ensure that there are adequate
and expeditious judicial remedies to challenge possible decisions by the Isapres that may affect the rights to
health and social security of a person and endanger their life and well-being.
123 I/A Court H.R., Case of Poblete Vilches et al. v. Chile, Merits, Reparations, and Costs, Judgment of March 8, 2018, Series C. No. 349, par.
208.
CIDH06342E04
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