36 1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. 182. Article 5 provides, where relevant: Every person has the right to have his physical, mental, and moral integrity respected. 183. Article 19 of the American Convention provides: Every minor child has the right to the measures of protection required by his condition as a minor on the part of his family, society, and the state. 184. Article 1.1 of the American Convention provides: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 185. In this section, the Commission will examine the response provided by the State of Ecuador after TGGL’s infection on June 22, 1998, as well as the impacts in TGGL and her family members. 186. In this regard, TGGL’s mother has described before the Commission and the domestic judicial authorities, both civil and criminal, that the State failed to provide her daughter with the treatment she required. Similarly, the individuals who made statements supporting her legal aid amparo in order to file civil suit highlighted the enormous efforts of TGGL’s mother in order to buy the medicines needed. For her part, TGGL herself, in a recent communication to the IACHR explained the continuing deterioration of her health; the personal, family and social impact of this situation; the deprivations she has undergone in the last 15 years since she was infected; and the discrimination she has suffered for being an HIV carrier. The State has not contested the information on the lack of public treatment nor the social and family environment suffered by the TGGL. 187. The Commission observes that as from the moment TGGL’s mother filed a criminal complaint regarding the infection in 1998, the State has been aware of the child’s situation and her need for treatment. Throughout the criminal proceedings, and afterwards in the civil suit, various State entities, including the Ombudsman, became aware of TGGL’s need for treatment. Thereafter, from the beginning of 2008 with the proceedings before the Inter-American system, the State was again informed of TGGL’s situation. 188. Despite the foregoing, even today TGGL has not received any response from the State, which inevitably causes a progressive deterioration in her health and personal integrity. Although the efforts of the mother of TGGL, there is no information indicating that any State institution in charged of the interests of the child was part of the judicial procedure or contributed to the searching for medical attention. Al this situation has been extended to the family members of TGGL, tothe exercise of her right to education and, in sum, to the mínimum conditions to live and develop with dignity. 189. The Inter-American Court has referred to the concept of a dignified life among the obligations imposed by Article 4 of the Convention. In the Case of Villagrán Morales et. al. the Court established that “the fundamental right to life includes, not only the right of every human being not to be deprived of his life arbitrarily, but also the right that persons will not be prevented from having access to the conditions that guarantee a dignified existence.” 187 This interpretation was applied in the indigenous 187 I/A Court H.R. Case of “the Street Children” (Villagrán Morales et. al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 144 and 191.

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