13. The Commission notes that the petitioners alleged violation of the right to family. Since those arguments concern a claim that has been declared inadmissible, the Commission will not consider them in its analysis of the merits of this case. B. The State 14. The State denied the alleged violations of the rights to life and humane treatment of Martina Vera Rojas, given that her condition is the result of a disease that is not attributable to it. Likewise, it indicated that it respected and guaranteed the health of the alleged victim, since the State has standards and plans for the regulation and oversight of health insurers, which included the creation of CAEC itself. It said that the classification of a disease as "chronic" falls to the Isapre and that, in the event of a disagreement, there are avenues for challenging decisions before the Superintendency or the regular courts. 15. It argued that the petitioner did not explicitly state which rule adopted by the State is contrary to the Convention, so there are no grounds for alleging a violation of the duty to adopt provisions in relation to the rights to life and humane treatment. In this regard, the State indicated "that it has developed both legislation and an institutional framework for the observance and assurance of protection for children and adolescents." 16. It pointed out that it ensured the right to justice for the purpose of challenging the decisions of the Isapres through the arbitration process before the Superintendency of Health, which affords the opportunity to present evidences as well as recourse to review at second instance. It added that even though the action for protection in the instant case produced an adverse result, the activation of that jurisdiction did not extinguish the alleged victim's recourse to the Superintendency, which ultimately upheld her claim. 17. The State pointed out that Chile has made clear its express will not to grant powers to international organizations in relation to economic, social and cultural rights. Likewise, it indicated that there is no consent in the inter-American system for the litigation of cases in relation to the right to health and the right to social security, and that the argument of the "indivisibility of human rights" is not enough to assert violations of the right to health. It concluded by noting that Chile "supports the justiciability of economic, social, and cultural rights on the basis of their connection with civil and political rights, but does not recognize the jurisdiction of the protection bodies of the IAHRS to declare violations of Article 26 of the American Convention directly." 18. It argued that the development of the Chilean health care system "has been progressive and constant, as can be verified by various measures adopted in relation to the following: (i) infrastructure; (ii) coverage and rights of users of the health system; and (iii) budget,” and that its health care system is among the most efficient in the world. It reiterated the different bodies, laws and policies related to the health system as a whole and mentioned the "State's will to progressively guarantee the right to health through legislative measures that ensure the delivery of health care in a timely manner and without discrimination to all persons residing in the national territory, in accordance with international treaties that have been ratified and are in force."It pointed out the instruments and institutions that it considers are part of its national health care policy and mentioned that in terms of its public aspect, the Chilean health care system has undergone progressive and permanent development through measures related to infrastructure, coverage and the rights of users of the health care system and budget. It also noted that since the 2005 health reform, Law 19.966 on Explicit Health Guarantees (CAEC-GES) has been adopted, as has Law 20.584, which governs rights and duties regarding access to information on people’s clinical situation. Additionally, the State also pointed out that there is a Plan on Universal Access to Explicit Health Guarantees (AUGE) that establishes a group of diseases that all insurance must cover, a Financial Protection System for high-cost diagnoses and treatments, as well as the adoption of quality standards for health care providers, among other measures to improve health care for its population. III. A. FINDINGS OF FACT Background 3

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