45
157. In that regard, the Inter-American Court has held that since the inception of the interAmerican system the rights of persons with disabilities have been protected. 352 In this connection, the Court
has ruled that any person who is in a vulnerable situation is entitled to special protection, based on the
special duties that the State must comply with to satisfy the general obligation to respect and ensure human
rights. The Court has found that "it is not sufficient for states to refrain from violating rights, and that it is
imperative to adopt affirmative measures to be determined according to the particular protection needs of
the subject of rights, whether on account of his personal situation or his specific circumstances, such as
disability."353
158. Concerning the situation of persons with disabilities who are deprived of their liberty, the
European Court of Human Rights found in the case of Mircea Dumitrescu v. Romania that since the alleged
victim was diabetic and disabled, he “belong[ed] to a particularly vulnerable group given his severe
disability.” The European Court held that
[w]hen the authorities decide to place or keep disabled people in detention, they should
demonstrate special care in guaranteeing conditions that correspond to their special needs
resulting from their disability.354
159.
In that case, the European Court noted that the victim continually complained that he had
not been provided with his own wheelchair, that there had been insufficient disabled ramp access in the
prison and that the toilet facilities and the vehicle he had been required to take had not been adapted for the
disabled. The Court considered that the conditions of detention the victim had to endure, on the whole, for
more than two years, must have caused him unnecessary and avoidable mental and physical suffering,
diminishing his human dignity and amounting to inhuman treatment. 355
160. Furthermore, in the case of Price v. the United Kingdom, which concerned a disabled person
in detention, the European Court found that although there was no positive intention to humiliate or debase
the victim, to detain a severely disabled person in conditions where she is dangerously cold, risks developing
sores because her bed is too hard or unreachable, and is unable to go to the toilet or keep clean without the
greatest of difficulty, constituted degrading treatment contrary to Article 3 of the European Convention.356
161. In the present case, the Commission notes that the Ms. Chinchilla got around in a wheelchair.
However, according to the socioeconomic report, she experienced problems "because of the place’s confined
spaces." Ms. Chinchilla also mentioned that she was losing her sight, that the infrastructure was inadequate,
and that she could not reach the telephones to communicate with her family. The IACHR also notes that Ms.
Chinchilla had two falls, the second having been caused by the steps when she tried to "get down" from where
she was and had no one to push her. In that regard, there were no staff to push her, access ramps, or other
objects to facilitate her movement. Finally, with respect to the transportation for her medical appointments,
the IACHR notes that according to the statement of one of the inmates, sometimes Ms. Chinchilla did not want
to go as they took her in a pickup truck and the wheelchair made it difficult to get her in.
352
See I/A Court H.R., Case of Furlan and Family v. Argentina. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 31, 2012. Series C No. 246, par. 128.
353
See I/A Court H.R., Case of Furlan and Family v. Argentina. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 31, 2012. Series C No. 246, par. 134.
354
European Court of Human Rights, Case of Mircea Dumitrescu, Judgment of 30 July 2013, para. 56.
355
European Court of Human Rights, Case of Mircea Dumitrescu, Judgment of 30 July 2013, para. 64,
http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-122975
356
European Court of Human Rights, Case of Price v. the United Kingdom, Judgment of 10 July 2001. para. 30.
Available
at:
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pondent”:[“UKR”],”documentcollectionid2”:[“GRANDCHAMBER”,”CHAMBER”],”violation”:[“3”],”itemid”:[“001-119675”]}