13
ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) 25
OF THE AMERICAN CONVENTION
38.
The Inter-American Commission did not submit any arguments regarding
Articles 4, 5, 13, and 17 of the American Convention.26
39.
In their brief of pleadings and motions the representatives claimed the
violation of Articles 4, 5, 13, and 17 of the American Convention, in relation to Article
1(1) thereof. They requested the Court to declare that the State is responsible for
the violation of the above-mentioned articles on the grounds, inter alia, of the
following arguments:
a)
Regarding Article 4(1) (Right to Life) of the Convention, they pointed
out that the State disregarded its duty to ensure said right, as it did not
conduct an effective investigation aimed at elucidating the death of Laura
Albán, transferring said responsibility to her parents; it did not fulfill its duty
to supervise and evaluate periodically public and private health institutions
and it did not fulfill its duty to assess the knowledge and training of medical
body. They further alleged that the State did not guarantee the right to life
due to the lack of specific legislation on medical malpractice, the lack of
adequate means to effectively protect such right and the deficient application
of justice. They considered that the State is responsible for having failed to
fulfill its duty to prevent eventual violations of human rights which might be
committed.
b)
Regarding Article 5 (Right to Humane Treatment) of the Convention,
they argued that the State did not fulfill its duty to control that in all health
care institutions, quality health services and treatment are provided, so that
the physical, psychological, and moral integrity of patients may be protected,
even when the acts or omissions have been committed by private individuals.
They also argued that the treatment provided to Laura Albán threatened her
[…]
23
In its relevant part Article 13(1) (Freedom of Thought and Expression) reads as follows:
[e]veryone has the right to freedom of thought and expression. This right includes freedom to
seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing, in print, in the form of art, or through any other medium of one’s choice.
[…]
24
In its relevant part Article 17(1) (Rights of the Family) reads as follows:
[t]he family is the natural and fundamental group unit of society and is entitled to protection by
society and the state.
[…]
25
In its relevant part Article 1(1) (Obligation to Respect Rights) reads as follows:
[t]he 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.
[…]
26
In Admissibility Report No. 69/02 the Commission only admitted Articles 1, 8, and 25 of the
American Convention, and declared Articles 4, 5 and 13 thereof inadmissible. Afterwards, in Merits Report
No. 07/06, it established the violation of Article 2 of said instrument.