(d) Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care; (e) Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner; (f) Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability. Article 26 Habilitation and rehabilitation 1. States Parties shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life.… 285. The Commission highlighted the importance of the CRPD as an instrument for interpreting the provisions of the American Convention, on the right to humane treatment and the right to health. The IACHR considers that the social model, adopted by the CRPD, understands that a disability is not defined exclusively by the presence of a physical, mental, intellectual, or sensory deficits, but is interrelated with the sociallyexisting barriers or limitations that stand in the way of persons effectively exercising their rights.374 In this regard, the Inter-American Court has indicated that every person who is in a situation of vulnerability, including persons with disabilities, is entitled to special protection in light of the special duties that must be complied with by the State to satisfy the general obligations to respect and ensure human rights.375 286. The IACHR emphasizes that according to the documentation presented by the parties, it has not been possible for it to determine precisely, to date, which victims have a disability. As regards this last aspect, and in the context of the State taking stock of the scale and seriousness of this problem, the IACHR considers that it was up to the State to perform an assessment, by specialized personnel, to determine which surviving victims are disabled. Based on that analysis, the State should adopt measures to guarantee health care as well as habilitation and rehabilitation, taking into account the deficits and disabilities affecting each of the victims. 287. Nonetheless, the IACHR notes that the State has not adopted any measure aimed at ensuring the rights of the victims with disabilities. The Commission observes that the State referred to providing wheelchairs or crutches to some of the victims. In addition, in its recent report presented to the United Nations Committee on the Rights of Persons with Disabilities, the State merely indicated that a translation was being done, to the Miskito language, of the “Guide for Community-based Rehabilitation” (Guía para la Rehabilitación basada en la Comunidad).376 In the view of the IACHR, that measure is insufficient insofar as there are no signs of concrete efforts to address the grave situation affecting the victims with disabilities. 288. In addition, the United Nations Committee on the Rights of Persons with Disabilities has noted the importance of the States establishing health centers that are accessible for persons with disabilities.377 The States should also provide trained personnel at those centers to provide inclusive care and who meet the specific needs of persons with disabilities.378 In the instant matter, the IACHR observes that according to the Convention on the Rights of Persons with Disabilities. Article 1. I/A Court HR. Case of Furlan and Family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No. 246, para. 134. 376 Report by Honduras pursuant to Article 35 of the CRPD. July 8, 2015. Available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G15/151/53/PDF/G1515153.pdf?OpenElement 377 United Nations, Committee on the Rights of Persons with Disabilities. Concluding observations on the report of Brazil, September 4, 2015, paras. 46 and 47. 378 United Nations, Committee on the Rights of Persons with Disabilities. Concluding observations on the report of Brazil, September 4, 2015, paras. 46 and 47. 374 375 52

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