C.3.1. The content of the right to health
79. The Court has pointed out that, in order to identify those rights that can be
interpretatively derived from Article 26 of the American Convention, one must consider that
this provision refers directly to the economic, social, educational, scientific and cultural norms
contained in the OAS Charter. From a reading of the latter instrument, the Court has noted
that Article 34(i) 96 and 34(l) 97 of the Charter establishes, among the basic objectives of
integral development, the “[p]rotection of man's potential through the extension and
application of modern medical science” as well as the “[c]onditions that allow for a healthy,
productive and dignified life.” For its part, Article 45(h) 98 emphasizes that “man can only
achieve the full realization of his aspirations within a just social order,” for which reason the
States agree to undertake efforts to apply these principles, including the: “h) development of
an efficient social security policy.”
80. Thus, as it has indicated in several cases, the Court reiterates that there is a reference
with a sufficient degree of specificity to infer the existence to the right to health in the OAS
Charter. Consequently, the Court reaffirms that the right to health is a right protected under
Article 26 of the Convention. 99
81. With regard to the content and scope of this right, the Court recalls that Article XI of
the American Declaration establishes the right to health by stating that “[e]very person has
the right to the preservation of his health through sanitary and social measures relating to […]
medical care, to the extent permitted by public and community resources.” 100 Similarly, Article
10 of the Protocol of San Salvador states that “everyone shall have the right to health,
understood to mean the enjoyment of the highest level of physical, mental and social wellbeing” and establishes that health is a public good. 101 The Protocol adds that, among the
measures to ensure the right to health, States should promote “universal immunization
against the principal infectious diseases,” the “prevention and treatment of endemic,
occupational and other diseases” and “the satisfaction of the health needs of the highest risk
groups and of those whose poverty makes them the most vulnerable.”
Article 34(i) of the OAS Charter establishes: “The Member States agree that equality of opportunity, the
elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in
decisions relating to their own development are, among others, basic objectives of integral development. To achieve
them, they likewise agree to devote their utmost efforts to accomplishing the following basic goals: […] i) Protection of
man's potential through the extension and application of modern medical science;”
96
97
Article 34(l) of the OAS Charter establishes: “The Member States agree that equality of opportunity, the
elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in
decisions relating to their own development are, among others, basic objectives of integral development. To achieve
them, they likewise agree to devote their utmost efforts to accomplishing the following basic goals: […] l) Urban
conditions that offer the opportunity for a healthful, productive, and full life;”
98
Article 45(h) of the OAS Charter establishes: “The Member States, convinced that man can only achieve the
full realization of his aspirations within a just social order, along with economic development and true peace, agree to
dedicate every effort to the application of the following principles and mechanisms: h) Development of an efficient social
security policy.”
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C
No. 349, para. 106, and Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs. Judgment of March
26, 2021. Series C No. 423, para. 97.
99
100
Approved at the Ninth International Conference of American States held in Bogotá, Colombia, 1948.
Article 10(1) of the Protocol of San Salvador states: “Everyone shall have the right to health, understood to
mean the enjoyment of the highest level of physical, mental and social well-being. 2. In order to ensure the exercise
of the right to health, the States Parties agree to recognize health as a public good and, particularly, to adopt the
following measures to ensure that right: a. Primary health care, that is, essential health care made available to all
individuals and families in the community; [and] b. Extension of the benefits of health services to all individuals
subject to the State’s jurisdiction.”
101
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