The Court notes the existence of an interrelationship between the undertaking of States to
ensure an efficient social security policy and their obligation to ensure health care,
especially in the context of endemic diseases. 100 Accordingly, the Court reiterates that the
reference is sufficiently specific to consider that the OAS Charter implicitly recognizes the
right to health.101
100. Second, the Court must determine the scope of the right to health in light of the
international corpus juris on the matter. The Court recalls that the obligations contained in
Articles 1(1) and 2 of the American Convention constitute, in essence, the basis for
determining the international responsibility of a State for violations of the rights recognized
in the Convention,102 including those recognized by virtue of Article 26. However, the
Convention itself refers expressly to the norms of general international law for its
interpretation and application, specifically in Article 29, which establishes the pro persona
principle.103 Thus, as has been the Court’s consistent practice, 104 when determining the
compatibility of the acts and omissions of the State or its laws with the Convention or other
treaties regarding which the Court has jurisdiction, the Court may interpret the obligations
and rights they contain in light of other pertinent treaties and norms.
101. Consequently, the Court will use the sources, principles and criteria of the
international corpus juris as special norms applicable to determine the content of the right
to health.105 The Court indicates that it will use these norms as supplements to the
Convention-based provisions in order to determine the right to health, and the
corresponding rights for people living with HIV. In this regard, the Court indicates that it is
not assuming a competence that it does not have over some treaties; neither is it according
Cf. Committee on Economic, Social and Cultural Rights, General Comment No. 19: The right to social
security (Article 9), November 23, 2007, U.N. Doc. E/C.12/GC/19, para. 13.
100
The Court considers that the right to health is an essential component of the right to social security,
becuse health protection is of fundamental importance to ensure to every individual their human dignity when they
are faced with circumstances that deprive them of their capacity to fully exercise their rights. In this regard,
General Comment No. 19 of the CESCR indicates that: “States parties have an obligation to guarantee that health
systems are established to provide adequate access to health services for all.” It also indicates “the particular
importance of the right to social security in the context of endemic diseases such as HIV/AIDS […].” Furthermore,
the Committee indicated that States parties were required “[t]o ensure access to a social security scheme that
provides a minimum essential level of benefits to all individuals and families.” Cf. Committee on Economic, Social
and Cultural Rights, General Comment No. 19: The right to social security (Article 9), November 23, 2007, U.N.
Doc. E/C.12/GC/19, para.13 and 59(a).
101
Cf. Case of the Mapiripán Massacre v. Colombia. Judgment of September 15, 2005. Series C No. 134,
para. 107, and Case of the Pacheco Tineo family v. Bolivia. Preliminary objections, merits, reparations and costs.
Judgment of November 25, 2013. Series C No. 272, para. 143.
102
Cf. Case of the Pacheco Tineo family v. Bolivia. Preliminary objections, merits, reparations and costs.
Judgment of November 25, 2013. Series C No. 272, para. 143, and Case of Liakat Ali Alibux v. Suriname.
Preliminary objections, merits, reparations and costs. Judgment of January 30, 2014. Series C No. 276, para. 26.
103
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018.
Series C No. 349, para. 103; Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and
costs. Judgment of August 31, 2017. Series C No. 340, para. 145; Case of I.V. v. Bolivia. Preliminary objections,
merits, reparations and costs. Judgment of November 30, 2016. Series C No. 329, para. 168; Case of the Pacheco
Tineo family v. Bolivia. Preliminary objections, merits, reparations and costs. Judgment of November 25, 2013.
Series C No. 272, para. 129; Case of Atala Riffo and daughters v. Chile. Merits, reparations and costs. Judgment of
February 24, 2012. Series C No. 239, para. 83, and Case of Gelman v. Uruguay. Merits and reparations. Judgment
of February 24, 2011. Series C No. 221, para. 78 and 121.
104
Cf. Case of Suárez Peralta v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of
May 21. 2013. Series C No. 261, paras. 131 and 135, and Case of Poblete Vilches et al. v. Chile. Merits, reparations
and costs. Judgment of March 8, 2018. Series C No. 349, para. 114.
105
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