9
with the Comprehensive Healthcare Service.12 Furthermore, the Court notes that some
membership cards presented by the State include an expiry date, which have already
passed.
25.
The Court positively assesses the State’s different initiatives, which are general in
nature, concerning its public health system. This notwithstanding, it deems it relevant to
reiterate that in addition to the any measures the State adopts in the framework of the
general health system, the State must offer preferential treatment to the victims.13 In this
respect, the Tribunal stated that the State’s provision of social services to individuals cannot
be confused with the reparation measures to which the victims of human rights violations
are entitled, due to the specific harm caused by the violation.14 For this reason, the Court
finds that the victims must receive a preferential treatment with respect to the steps they
have to take in order to receive medical attention in public hospitals.15
26.
Thus, so that this measure may achieve its restorative effect as provided for in the
Judgment,16 the Tribunal finds that the provision of medical and psychological treatment
must include: a) simple and differentiated procedures to register and update records in the
corresponding health care systems, and the state officials responsible for carrying out these
procedures must be aware of its restorative effect; b) free medical and psychological
treatment that is appropriate, specialized, and comprehensive in accordance with each
beneficiary’s individual health needs, including the health care, the provision of medicine,17
and any check-ups they require,18 in a comprehensive and effective manner, and for as long
as may be necessary (as an obligation that must be both immediately complied with and
continually implemented); c) coverage that addresses the full range of the beneficiaries’
health needs so as to avoid limitations that could render this reparation measure illusory;
and, d) consider the particular needs and circumstances of each person seeking
psychological care so that family and individual treatment can be provided based on the
agreements reached with the beneficiaries, and, after an individual evaluation.19 Therefore,
12
Cf. Case of La Cantuta v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court
of Human Rights of November 20, 2009, Considering Clause 30.
13
Cf. Case of 19 Tradesmen v. Colombia. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of July 8, 2009, Considering Clause 34; Case of Vargas Areco v. Paraguay.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of November 24, 2010,
Considering Clause 21, and Case of Heliodoro Portugal v. Panama, supra note 7, Considering Clause 28.
14
Cf. Case of González et al. ("Cotton Field") Mexico. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 16, 2009. Series C No. 205, para. 529; Case of Vargas Areco v. Paraguay, supra note 13,
Considering Clause 21, and Case of Heliodoro Portugal v. Panama, supra note 7, Considering Clause 28.
15
Cf. Case of Heliodoro Portugal v. Panama, supra note 7, Considering Clause 28, and Case of Vargas Areco
v. Paraguay, supra nota 13, Considering Clause 21.
16
Under paragraph 143 of the Judgment (supra Having Seen 1), in ordering the present reparation measure
the Court took into account that “the forced disappearance of Mr. Santiago Gómez Palomino affected the physical
and psychological health of his mother, daughter, sisters, and brother, as well as his cohabitee.” Thus, “[w]ith the
aim of contributing to the redress of the damages,” the Tribunal ordered the State “to provide the medical and
psychological treatment, through its specialized health instituions, required by all the victims [...] and for as long
time as necessary. This treatment will be provided free of charge and will include any medicines and examinations
so required. For this treatment, the consent of all beneficiaries must be obtained.”
17
Cf. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs, supra note 9, para. 143; Case of
Caso Cantoral Benavides v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court of
Human Rights of November 14, 2010, Considering Clause 16, and Case of La Cantuta v. Peru, , supra note 12,
Considering Clause 30.
18
19
Cf. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs, supra note 9, para. 143.
Cf. Case of 19 Tradesmen v. Colombia. Merits, Reparations and Costs. Judgment of July 5, 2004. Series C
No. 109, para. 278; Case of Heliodoro Portugal v. Panama, supra note 7, Considering Clause 30, and Case of