93
rights ceases to exist.159 States have the obligation to ensure the conditions
required for full enjoyment and exercise of that right.160
157. The right to humane treatment is a fundamental right that the American
Convention protects by specifically prohibiting, inter alia, torture and cruel, inhuman,
or degrading punishment or treatment; it also lists the right to humane treatment
among those nonderogable rights that may not be suspended during states of
emergency.161
158. The right to life and the right to humane treatment require not only that the
State respect them (negative obligation) but also that the State adopt all appropriate
measures to protect and preserve them (positive obligation), in furtherance of the
general obligation that the State undertook in Article 1(1) of the Convention.162
159. As the Court previously indicated (supra paragraphs 151, 152 and 153), in
order to protect and ensure the right to life and the right to humane treatment of
persons deprived of their liberty and in its role as guarantor of those rights, the State
has an ineluctable obligation to provide those persons with the minimum conditions
befitting their dignity as human beings, for as long as they are interned in a
detention facility. The European Court of Human Rights has likewise held that:
under [Article 3 of the Convention], this provision the State must ensure that a person is
detained in conditions which are compatible regarding for his human dignity, that the
manner and method of the execution of the measure do not subject him to distress or
hardship of an intensity exceeding the unavoidable level of suffering inherent in
detention and that, given the practical demands of imprisonment, his health and wellbeing are adequately secured by, among other things, providing him with the requisite
medical assistance.163
160. In the case of the right to life, when the person the State deprives of his or
her liberty is a child, which the majority of the alleged victims in the instant case
were, it has the same obligations it has regarding to any person, yet compounded by
the added obligation established in Article 19 of the American Convention. On the
one hand, it must be all the more diligent and responsible in its role as guarantor
and must take special measures based on the principle of the best interests of the
child.164 On the other hand, to protect a child’s life, the State must be particularly
attentive to that child’s living conditions while deprived of his or her liberty, as the
child’s detention or imprisonment does not deny the child his or her right to life or
restrict that right (supra para. 159).
159
Supra note 158.
160
Supra note 158.
161
Articles 5 and 27 of the American Convention.
162
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 129; Case of the 19 Tradesmen,
supra note 26, para. 153; and Case of Myrna Mack Chang, supra note 40, para. 153.
163
Eur. Court H.R. Kudla v. Poland, judgement of 26 October 2000, no. 30210/96, paragraphs 93-
94.
164
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, paragraphs 124, 163-164, and 171;
Case of Bulacio, supra note 56, paragraphs 126 and 134; and Case of the “Street Children” (Villagrán
Morales et al.), supra note 152, paragraphs 146 and 191. See also Juridical Condition and Human Rights
of the Child, supra note 150, paragraphs 56 and 60.
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