199.
In conclusion, it was not proven that the State kept a record or file on the health
condition and treatment provided to the alleged victim since her admission to the COF, either
at the prison or at the hospitals or health centers where she was treated. Nor was it proven
that the State provided adequate food and medications on a regular basis. Faced with the
progressive deterioration of her health, the doctors who examined her noted that there was a
latent risk to her life and personal integrity, given that she suffered from a serious, chronic
and ultimately fatal disease. However, in spite of her health condition, there is no record that
the authorities ensured regular, adequate and systematic medical supervision aimed at
treating her illnesses and her disability and preventing their deterioration, in particular through
the provision of appropriate diets, rehabilitation and other necessary facilities. If the State
could not guarantee such care and treatment within the prison, it was obliged to establish a
prompt and effective mechanism or protocol to ensure that the medical supervision was timely
and systematic, particularly in the event of an emergency. In this case, the procedures
established for outpatient appointments at hospitals were not sufficiently flexible to allow for
effective and timely medical treatment.
200.
For the foregoing reasons, the Court considers that the State did not fulfill its
international obligations to guarantee Mrs. Chinchilla’s rights to personal integrity and to life
during her confinement at the COF.
B.3
The State’s response to Mrs. Chinchilla’s disability
201.
As stated previously, as consequence of the progression of her diabetes, from
2002 Mrs. Chinchilla progressively developed motor and visual disabilities, along with a
number of health complications that significantly reduced her quality of life. These were
associated with a number of social barriers existing in the prison, which made her increasingly
dependent on other people as she required more specialized medical care. Thus, after several
diagnoses of “decompensated diabetes,” the detection of ulcers on her feet and a foot wound
that required constant cleaning, there was a progressive deterioration in her health. She
developed physical and sensory disabilities caused by the progressive loss of her sight and the
amputation of one of her legs,297 as a result of which she had to move around in a wheelchair.
202.
It is not disputed that, as indicated by the State, after being confined to a
wheelchair she was transferred to a cell in the prison´s maternal block, which had sufficient
natural and artificial light and adequate ventilation, as well as a toilet and washbasin that were
adapted to her needs. The dispute persists regarding the alleged lack of reasonable
modifications to her cell and to facilitate her movement within the prison or her transfer to
hospital for medical appointments, among other difficulties. Therefore, it is pertinent to
determine whether the State is responsible for failing to respond adequately and effectively
to the needs of the alleged victim, and thus, it is necessary to consider, more specifically, the
State’s obligations toward persons with disabilities when they are deprived of liberty.
203.
The Inter-American Court has emphasized that, from its beginnings and
throughout its development, the Inter-American System has advocated for the rights of
persons with disabilities.298 This issue was addressed in 1948 in the American Declaration of
According to the World Health Organization, both blindness and the amputation of a limb are consequences
of uncontrolled diabetes. See: World Health Organization, Diabetes. Fact Sheet No. 312. January 2015. Available at:
http://www.who.int/mediacentre/factsheets/fs312/es/index.html
297
298
Cf. Case of Furlan and Family v. Argentina, supra, para. 128.
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