38
195.
In the present case, the international responsibility of the State is not limited to having
omitted its basic obligations of regulation, supervision and control over the Blood Bank and Humanitarian
Clinic but, as explained above, it extends to its total lack of response after becoming aware of the infection
through various channels. To date, the State has ignored the situation of a child under its jurisdiction in an
extremely vulnerable condition, causing additional damage to her personal integrity and the possibility of
living a dignified life, thereby exposing her to a situation of discrimination. This situation, as a whole, has
affected her family members.
196.
By virtue of the foregoing, the Commission concludes that the State is responsible for a
violation of the right to personal integrity and to a dignified life established in Articles 4 and 5 of the
American Convention, in relation to the obligations established in Articles 1.1 and 19 of the same instrument,
to the prejudice of TGGL. Moreover, the State is responsible for the violation of the rigths to moral integrity of
the mother and brother of TGGL.
C.
The Right to Judicial Guarantees and Judicial Protection for TGGL and her Mother
(Articles 8, 25, 19, and 1.1 of the American Convention)
197.
Article 8.1 of the American Convention provides:
1. Every person has the right to a hearing, with due guarantees and within a reasonable
time, by a competent, independent, and impartial tribunal, previously established by law, in
the substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
198.
Article 25.1 of the American Convention establishes:
1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to
a competent court or tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this Convention, even
though such violation may have been committed by persons acting in the course of their
official duties.
199.
Article 19 of the American Convention provides:
Every minor child has the right to the measures of protection required by his condition as a
minor on the part of his family, society, and the state.
200.
Article 1.1 of the American Convention provides:
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.
201.
The Court has pointed out that, according to the American Convention:
States Parties have an obligation to provide effective judicial remedies to victims of human
rights violations (Article 25), remedies that must be substantiated in accordance with the
rules of due process of law (Article 8.1), all in keeping with the general obligation of such