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Wednesday, October 25, 2006
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Nature of the Case

Report about violation of rights to health and to life. Budgetary priorities. Obligation to ensure progressive development of economic, social and cultural rights. Special obligation regarding vulnerable groups. Free access to basic healthcare services.

Significance of the Case

This case illustrates the Judicial Power’s ability to control budgetary allocation and execution in respect of social rights using the legal standard of progressiveness and non regression. Likewise, it shows that the IACHR can use such standards (set forth in Article 26 of the American Convention on Human Rights) as a basic criterion to decide on measures taken by States regarding social rights.

Groups Involved in the Case

Petitioners: Centro de Derechos Económicos y Sociales (CDES) (www.cdes.org) on behalf of General Secretary of Sindicato Nacional de Trabajadores del Ministerio de Salud, and the workers represented by the union.