65
B.3.a
Duty of prevention with regard to the rights recognized in Articles 5, 7, 11,
13 and 17 of the American Convention and 7(b) of the Convention of Belém do Pará
206. The Court reiterates that it is not sufficient that States merely refrain from violating rights; it
is also essential that they take positive measures, determined based on the specific needs for
protection of the subject of law, due either to their personal condition or to the specific situation in
which they find themselves.273
207. With regard to the obligation to ensure rights, the Court has established that this may be
complied with in different ways, based on the specific right that the State must ensure and the
particular needs for protection.274 This obligation entails the duty of States to organize the whole
government apparatus and, in general, all the structures through which the exercise of public
authority is exercised, so that they are able to legally ensure the free and full exercise of human
rights.275 As part of this obligation, the State has the legal obligation “to prevent, within reason, the
violation of human rights, to investigate seriously with the means available to it any violations
committed within its jurisdiction in order to identify those responsible, to impose the pertinent
punishments on them, and to ensure that the victim receives adequate redress.”276
208. Furthermore, the Court has established that the duty of prevention, which forms part of the
general obligation to ensure rights, encompasses all those measures of a legal, political,
administrative and cultural nature that promote the safeguard of human rights and that ensure that
eventual violations of these rights are effectively considered and treated as a wrongful act that, as
such, is liable to entail punishment for the person who commits it, as well as the obligation to
compensate the victims for the adverse consequences. It is also clear that the duty of prevention is
one of means or conduct and failure to comply with it is not proved by the mere fact that a right has
been violated.277 Similarly, the Court has indicated that States are responsible for the regulation,
supervision and monitoring of domestic health services, in both private and public centers, as well
as for the implementation of a series of mechanisms addressed at ensuring that this regulation is
effective.278
209. The Court considers that the existence of a clear and coherent regulation for the provision of
health care services is essential to ensure sexual and reproductive health and the corresponding
responsibilities for the provision of this service. The Court finds that the existence of standards that
regulate access to information on family planning methods and every kind of information required
on matters of sexual and reproductive health, as well as the creation of laws that ensure that
informed consent is obtained and establish the elements that must be respected to ensure that this
is valid, contribute to the prevention of violations of the human rights of women, especially in cases
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits reparations and costs. Judgment of January 31, 2006. Series
C No. 140, para. 111, and Case of Chinchilla Sandoval v. Guatemala, supra, para. 168.
273
Cf. Case of Vargas Areco v. Paraguay. Merits reparations and costs. Judgment of September 26, 2006. Series C No.
155, para. 73, and Case of the Santo Domingo Massacre v. Colombia. Preliminary objections, Merits and Reparations.
Judgment of November 30, 2012. Series C No. 259, para. 189.
274
Cf. Case of Velásquez Rodríguez v. Honduras, Merits, supra, para. 166, and Case of Tenorio Roca et al. v. Peru, supra,
para. 142.
275
Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 174, and Case of Tenorio Roca et al. v. Peru, supra,
para. 142.
276
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166, and Case of Velásquez Paiz et al. v. Guatemala,
supra, para. 107.
277
278
175.
Cf. Case of Ximenes Lopes v. Brazil, supra, paras. 89 and 90, and Case of Gonzales Lluy et al. v. Ecuador, supra, para.