regulate, supervise and control the health care offered, ensuring, above other aspects, that the conditions of hygiene and the personnel are adequate, that the latter are duly qualified, and remain apt to exercise their profession. 209 In this regard, the Committee on Economic, Social and Cultural Rights has established the standards for these principles concerning the guarantee of the right to health, recognized in Article 12 of the International Covenant on Economic, Social and Cultural Rights. The Committee has underscored, with regard to quality, that health facilities must have satisfactory conditions of hygiene and trained medical personnel. 210 153. Lastly, the Court notes that the supervision and control of the private clinic was not carried out prior to the facts by the competent State authorities (Ministry of Public Health), which signified the State’s failure to comply with the obligation to prevent the violation of the right to personal integrity of Melba Suárez Peralta. The medical care received from an unauthorized professional and a clinic that was not being supervised by the State had an adverse impact on the health of the presumed victim. In addition, the State failed to prove that it had exercised control of this private institution after the facts, when it became aware of the facts or as a result of the corresponding criminal proceedings that were initiated and the constant requests made by Melba Peralta Mendoza that the clinic be inspected and closed. c) Conclusion 154. The Court concludes that, although the relevant Ecuadorian regulations established mechanisms of control and supervision of medical care, this supervision and control was not carried out in the instant case, as regards both control of the services provided in the State facility, the Polyclinic of the Guayas Traffic Commission, and those provided in the private institution, the Minchala Clinic. The Court finds that this resulted in a situation of risk, which the State was aware of, that materialized in adverse effects on the health of Melba Suárez Peralta. Therefore, the State of Ecuador incurred international responsibility for the absence of prevention and the failure to guarantee the right to personal integrity of Melba Suárez Peralta, in violation of Article 5(1) of the American Convention, in relation to Article 1(1) of this instrument. 3. Violation of the personal integrity of Melba Peralta Mendoza 155. Melba Suárez Peralta described the sufferings of her family as a result of the physical ailments she suffered. 211 In addition, the psychologist, Eduardo Tigua Castro, indicated in c) Acceptability. All health facilities, goods and services must be respectful of medical ethics and culturally appropriate, […] as well as being designed to respect confidentiality and improve the health status of those concerned. (d) Quality. As well as being culturally acceptable, health facilities, goods and services must also be scientifically and medically appropriate and of good quality. This requires, inter alia, skilled medical personnel, scientifically approved and unexpired drugs and hospital equipment, safe and potable water, and adequate sanitation. 209 Cf. Case of Ximenes Lopes, supra, para. 99. See also; United Nations, Economic and Social Council, Committee on Economic, Social and Cultural Rights. General Comment No. 14, supra, paras. 12, 33, 35, 36 and 51. 210 United Nations, Economic and Social Council, Committee on Economic, Social and Cultural Rights. General Comment No. 14, supra, para. 12. 211 In her testimony during the public hearing on February 11, 2013, Melba Suárez Peralta stated that her “children were very young; […] from the time [she] first started to suffer until now [… she has] been unable to look after them; […her] children have suffered greatly […]. [Her] husband […] has often suffered with [her].” 46

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos