62. As regards the substance of the right to health, in line with the international corpus iuris on the right to health identified by the Court,84 in this case the applicable standards can be determined from the development of the scope of the right to the highest attainable standard of health. The ICESCR provides that “[t]he States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health"85 and establishes that the steps to be taken by the States Parties to achieve the full realization of that right shall include "creation of conditions which would assure to all medical service and medical attention in the event of sickness."86 63. For its part, the Committee on Economic, Social and Cultural Rights has indicated that all health services, goods and facilities must comply with the requirements of availability, accessibility, acceptability and quality.87 Both the Commission and the Court have taken those concepts into account and have incorporated them in the analysis of various cases.88 64. In addition, the CESCR has said that, in accordance with the Convention on the Rights of the Child, “children and adolescents have the right to the enjoyment of the highest standard of health and access to facilities for the treatment of illness,” and that “[i]n all policies and programmes aimed at guaranteeing the right to health of children and adolescents their best interests shall be a primary consideration.”89 General Comment No. 14 also indicates that the creation of conditions which would assure to all medical service and medical attention in the event of sickness “includes the provision of equal and timely access to basic preventive, curative, rehabilitative health services and ... appropriate treatment of prevalent diseases, illnesses, injuries and disabilities.”90 Finally, the Committee on the Rights of the Child recognizes the existence of a wide array of non-State actors involved in the realization of children’s right to health; specifically it says that States must ensure that all non-State actors recognize, respect and fulfill their responsibilities to the child, applying due diligence procedures where necessary.91 65. The content of the right to social security, includes the consideration that it is closely related to other rights, such as the right to health; and that the withdrawal, reduction or suspension of benefits should be circumscribed, based on grounds that are reasonable and provided in national law.92 Where social security schemes are managed by third parties, the State retains the responsibility of regulating and overseeing the social security system and taking reasonable steps to ensure that private sector agents do not violate this right, including framework legislation, independent monitoring, genuine public participation and imposition of penalties for non-compliance. 93 Likewise, the IACHR recognizes that social health insurance increases utilization of and promotes equity in access to health facilities, goods and services and affords higher levels of financial protection for those who are normally excluded, such as, for example, children with disabilities. Thus, in order for public or private social health insurance programs to have a right-to-health approach, their design and scope should be informed by the financial capacity and employment status of target populations, but by the specific health needs of those whom they benefit.94 2. General standards on the relationship between the right to health and the right to life, the right to humane treatment, and the rights of the child 84. I/A Court H.R., Case of Poblete Vilches et al. v. Chile, Merits, Reparations, and Costs, Judgment of March 8, 2018, Series C. No. 349, par. 114 and ff. 85. ICESCR, Article 12(1). 86. ICESCR, Article 12(2)(d) 87. UN, Committee on Economic, Social and Cultural Rights, General Comment 14, E/C.12/2000/4, 11 August 2000, para. 12. 88. IACHR, Report No. 2/16, Case 12.484, Merits, Cuscul Pivaral et al., Guatemala, April 13, 2016, par. 106; I/A Court H.R., Case of Poblete Vilches et al. v. Chile, Merits, Reparations, and Costs, Judgment of March 8, 2018, Series C. No. 349, par. 120. 89. United Nations, Economic and Social Council, Committee on Economic, Social and Cultural Rights, General Comment 14, E/C.12/2000/4, 11 August 2000, paras. 22 and 24. 90. United Nations, Economic and Social Council, Committee on Economic, Social and Cultural Rights, General Comment 14, E/C.12/2000/4, 11 August 2000, para. 17 91. Committee on the Rights of the Child, General Comment 15, CRC/C/GC/15, 17 April 2013, paras. 75-76. 92 . Committee on Economic, Social and Cultural Rights, General Comment 19, E/C.12/GC/19, 4 February 2008. par. 23-28. 93 . Committee on Economic, Social and Cultural Rights, General Comment 19, E/C.12/GC/19, 4 February 2008. par. 46. 94. Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, UN. Doc. A/67/302, 13 August 2012, par. 42-45. 14

Seleccionar párrafo de destino3