121.
Bearing in mind what was said above regarding Article 26 of the American Convention, Article
45.b of the OAS Charter calls for decent working condition to ensure health. Article 34.i of the same instrument
also underscores the role of the State in "protection of man's potential through the extension and application
of modern medical science," thereby underscoring the importance of guaranteeing health for a person's
integral development, and paragraph l) of the same Article mentions the quest for urban conditions or factors
that offer the opportunity for a "healthful" life. Likewise, Article XI of the American Declaration establishes that
"Every person has the right to the preservation of his health through sanitary and social measures relating to
food, clothing, housing and medical care, to the extent permitted by public and community resources." For its
part, Article 10 of the Protocol of San Salvador states that "everyone shall have the right to health, understood
to mean the enjoyment of the highest level of physical, mental and social well-being," and it indicates that health
is a public good. Accordingly, for the IACHR, the right to health is included in the protection afforded by Article
26 of the American Convention.
122.
Regarding the contents of the right to health, the CESCR has pointed out that all health
services, assets, and installations must meet availability, accessibility, acceptability and
quality
requirements.149 Both the Commission and the Court have taken these concepts into account and built them
into their analysis of a number of cases.150 Particularly with respect to medical emergency situations, the I/A
Court of Human Rights has ruled that heath establishments and services must respect medical ethics and
culturally appropriate criteria. In addition, they must espouse a gender perspective and ensure that qualified
personnel are available to respond to medical emergencies.151
123.
Likewise , it is worth pointing out that the United Nations Rapporteur on the right of everyone
to the enjoyment of the highest attainable standard of physical and mental health, Dainius Pūras, recently
stated
that
"it
is
very
important
to
emphasize
that
violations
of sexual and reproductive health rights have a direct, negative impact on the mental health
of women."152 For that reason, the various forms of sexual violence are intrinsically incompatible with the right
to health.153 In that connection, the Committee on the Rights of the Child has expressed its concern at the high
suicide rates among adolescents, due, among other causes, to violence, maltreatment, abuses and neglect,
including sexual abuse, unrealistically high expectations and/or intimidation and hazing in and outside
school.154
124.
It has also mentioned that "violence [is] a significant cause of mortality and morbidity in
children, particularly adolescents, the Committee emphasizes the need to create an environment that
protects children from violence and encourages their participation in attitudinal and
behavioural changes at home, in schools and in public spaces." 155 It also recognizes that "the health-related
behaviours of parents and other significant adults have a major impact on children’s health."156
125.
Likewise, other international experts have pointed out that sexual harassment at school not
only impairs the right to education, but also has negative physical and emotional effects, triggering, among
other consequences , serious impacts on the overall health of the victims, decreased productivity, absenteeism
from school, difficulty concentrating, declining academic performance or dropping out from school, often
following an unwanted pregnancy.157
United Nations Committee on Economic, Social and Cultural Rights. General Comment No. 14, E/C.12/2000/4, 11 August 2000, para 12.
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 Mendoza
Poblete Vilches et al. v. Chile. Merits, Reparations and Costs. Judgment of March 8, 2018. Series C No. 349, par. 120.
151 I/A Court HR. Case of Mendoza et al. v. Chile. Merits, Reparations and Costs. Judgment of March 8, 2018. Series C No. 349, par. 121
152 Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental
health. United Nations document A/HRC/35/21, 28 March 2017, par. 59.
153 Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental
health,. United Nations document E/CN.4/2004/49, 16 February 2004, para 25.
154 Committee on the Rights of the Child. General Comment No. 4, United Nations document CRC/GC/2003/4, 21 July2003. para. 22
155 Committee on the Rights of the Child. General Comment No. 15, United Nations document CRC/GC/2003/15, 17 April 2013, para. 64.
156 Committee on the Rights of the Child. General Comment No. 15, United Nations document CRC/C/GC/15, April 17, 2013, para. 18.
157 Report of the Special Rapporteur on violence against women, its causes and consequences, Yakin Ertürk. United Nations document
A/69/368, September 1, 2014, para. 30 and 31.
149
150 IACHR.