medical record, like the previous one, is insufficient to determine whether the medical personnel obtained the family’s consent to proceed with the decision to offer intermediate and not intensive treatment to Mr. Poblete Vilches. In addition, and taking into account that it was a medical decision based not on the patient’s needs but on structural situations of the hospital such as the lack of beds, it was all the more important that the family fully understood the situation, and, as the case may be, that the family be able to make decisions, including possible alternatives for transfer to a hospital where he could receive the intensive treatment indicated. In addition, and with respect to the second element of the informed consent regarding the particular needs of patients or their families, the Commission observes that despite the doubts of the medical personnel as to whether they understood the situation, there is no reference in the medical records to corrective measures being adopted to ensure such understanding through information more detailed or presented in a language that the family was in a position to understand. 115. In view of the foregoing considerations, the Commission concludes that neither in the context of the proceeding performed on Mr. Poblete Vilches January 26, 2001, nor in the context of the decision regarding treatment after he was admitted to the hospital a second time, did the medical staff fulfill their obligations in relation to informed consent. As it is a public hospital, this situation is directly attributable to the State. Accordingly, the Commission considers that the State of Chile violated the right of access to information for choosing health services, which is protected by Article 13 of the American Convention, in relation to the obligation established at Article 1(1) and the rights to life, integrity, and health established at Articles 4 and 5 of that same instrument, to the detriment of Mr. Vinicio Antonio Poblete Vilches and his family members. 2. The right to life, humane treatment, and health with respect to the care received by Mr. Poblete Vilches (Articles 4 and 5 of the American Convention) 116. Article 4(1) of the American Convention provides: 1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. 117. Article 5 establishes, in part: 1. Every person has the right to have his physical, mental, and moral integrity respected. 118. Article 1(1) of the American Convention establishes: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 119. The Commission will analyze the parties’ arguments and the information available on the alleged lack of adequate medical care for Mr. Poblete Vilches, establishing, first, the relevant standards, and second analyzing the facts of the case in light of those standards. 23