regard, the arguments of the Commission and of the representatives follow the approach
adopted by the Court since the case of Lagos del Campo v. Peru,62 which has subsisted in
subsequent rulings.63 Indeed, this approach represented a change in the Court’s case law in
relation to previous cases where the Commission or the representatives had argued
violations of the economic, social, cultural and environmental rights (ESCER), which were
analyzed based on their connectivity with a civil or political right. 64 In this regard, the Court
recalls that already in the case of Poblete Vilches et al. v. Chile, it had indicated the
following:
Thus, it is clear that it can be interpreted that the American Convention incorporated
into its list of protected rights the so-called economic, social, cultural and
environmental rights (ESCER), by derivation from the norms recognized in the
Charter of the Organization of American States (OAS), as well as from the rules of
interpretation established in Article 29 of the Convention; particularly, that this
prevents limitations or exclusions to the enjoyment of the rights established in the
American Declaration and even those recognized in the domestic sphere. Also, based
on a systematic, teleological and evolutive interpretation, the Court has had recourse
to the national and international corpus iuris on this matter to provide specific
content to the scope of the rights protected by the Convention in order to define the
scope of the specific obligations relating to each right.65
74.
Based on the above, and owing to the importance of this matter for the legal
certainty of the inter-American system, the Court finds it pertinent to clarify the change in
its case law in this area by an interpretation of Article 26 of the Convention and of its
relationship to Articles 1(1), 2, 62 and 63 of this instrument. Consequently, in this section,
the Court will rule as follows: (a) on the justiciability of the ESCER; (b) on the right to
health as an autonomous and justiciable right; (c) on the violation of the right to health in
this case, and (d) on the violation of the rights to personal integrity and to life in this case.
Article 63 of the Convention stipulates: “1. If the Court finds that there has been a violation of a right or
freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right
or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that
constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. 2.
In cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall
adopt such provisional measures as it deems pertinent in matters it has under consideration. With respect to a case
not yet submitted to the Court, it may act at the request of the Commission.”
61
Cf. Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
August 31, 2017. Series C No. 340, paras. 141 to 150 and 154.
62
Cf. The Environment and Human Rights (State obligations in relation to the environment in the context of
the protection and guarantee of the rights to life and to personal integrity: interpretation and scope of Articles 4(1)
and 5(1) in relation to Articles 1(1) and 2 of the American Convention on Human Rights). Advisory Opinion OC23/17 of November 15, 2017. Series A No. 23, para. 57; Case of the Dismissed Employees of PetroPeru et al. v.
Peru. Preliminary objections, merits, reparations and costs. Judgment of November 23, 2017. Series C No. 344,
para. 192; Case of San Miguel Sosa et al. v. Venezuela. Merits, reparations and costs. Judgment of February 8,
2018. Series C No. 348, para. 220, and Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs.
Judgment of March 8, 2018. Series C No. 349, para. 100.
63
Cf. Case of Albán Cornejo et al. v. Ecuador. Merits, reparations and costs. Judgment of November 22,
2007. Series C No. 171, para. 117; Case of Vera Vera et al. v. Ecuador. Preliminary objection, merits, reparations
and costs. Judgment of May 19, 2011. Series C No. 226, para. 43; Case of Suárez Peralta v. Ecuador. Preliminary
objections, merits, reparations and costs. Judgment of May 21 2013. Series C No. 261, para. 130, and Case of
Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 1,
2015. Series C No. 298, para. 171.
64
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 349, para. 103.
65
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