93. The Court also recalls that States must provide the necessary health services to prevent
potential disabilities, as well as to prevent and minimize the appearance of further
disabilities. 127 On this point, with regard to persons with disabilities the Committee on
Economic, Social and Cultural Rights has established that: “insofar as special treatment is
necessary, States parties are required to take appropriate measures, to the maximum extent
of their available resources, to enable such persons to overcome any disadvantages, in terms
of the enjoyment of the rights specified in the Covenant, flowing from their disability.” 128
Furthermore, Article 18 of the Protocol of San Salvador establishes that:
Everyone affected by a diminution of his physical or mental capacities is entitled to
receive special attention designed to help him achieve the greatest possible
development of his personality. The States Parties agree to adopt such measures as
may be necessary for this purpose and, especially, to:
a. Undertake programs specifically aimed at providing the handicapped with the
resources and environment needed for attaining this goal, including work programs
consistent with their possibilities and freely accepted by them or their legal
representatives, as the case may be;
b. Provide special training to the families of the handicapped in order to help them
solve the problems of coexistence and convert them into active agents in the physical,
mental and emotional development of the latter;
c. Include the consideration of solutions to specific requirements arising from the needs
of this group as a priority component of their urban development plans;
d. Encourage the establishment of social groups in which the handicapped can be
helped to enjoy a fuller life.
94. Similarly, among the obligations included in the right to health, the Convention on the
Rights of Persons with Disabilities establishes that “States Parties shall provide those health
services needed by persons with disabilities specifically because of their disabilities, including
early identification and intervention, as appropriate, and services designed to minimize and
prevent further disabilities, including among children and older persons.” 129 This is related to
the right of persons with disabilities to live independently and to be included in the
community, 130 for which States must take steps “to enable persons with disabilities to attain
and maintain maximum independence, full physical, mental, social and vocational ability, and
full inclusion and participation in all aspects of life.” 131
95. In this regard, the Court considers that the State had the obligation to ensure
appropriate services for the rehabilitation and reintegration of the surviving divers who
acquired a disability as a result of the accidents they suffered. On this point, PAHO stated in
before the domestic courts for the accidents that occurred, reference was made to the health of the victims and to
the lack of adequate care. However, the State did not adopt any health care measures (merits file, folio 65).
127
Cf. Case of Guachalá Chimbo et al. v. Ecuador, supra, para. 143, citing Cf. Committee on Economic, Social
and Cultural Rights, General Comment N°. 5: Persons with Disabilities, E/1995/22, December 9, 1994, para. 34;
Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by the UN General
Assembly, 48th session, Annex to Resolution 48/96, Article 3; Declaration on the Rights of Disabled Persons,
Proclaimed by UN General Assembly Resolution 3447 (XXX) of December 9, 1975, para. 6; World Program of Action
Concerning Disabled Persons, approved by General Assembly Resolution 37/52, para. 98, of December 3, 1982 and
CRDP, Article 25.b.
128
Cf. Committee on Economic, Social and Cultural Rights. General Comment N°. 5: Persons with Disabilities,
E/1995/22, December 9, 1994, para. 5.
129
CRPD, Article 25.
130
Cf. Case of Guachalá Chimbo et al. v. Ecuador, supra, para. 143, and CRPD, Article 19.
131
Cf. Case of Guachalá Chimbo et al. v. Ecuador, supra, para. 143, and CRPD, Article 26.
33