Inter-American Court of Human Rights case holding that Chile violated the rights to life, dignified life, personal integrity, health, social security, non-discrimination, and protection of children because Chile failed to adequately regulate private actors in the healthcare system.
In addition to reparations for both Martina and her family and in-kind compensation, the Court required the State ensure that Martina’s treatment would be covered in the case of economic hardship or the death of her parents. The State was also required to pass legislation to guarantee that the Children’s Ombudsman’s Office participate in all proceedings before the Superintendence of Health, or in judicial proceedings in which the rights of children could be affected by private insurers.
The Court found that a violation against the principle of non-retrogression of economic, social, cultural, and environmental rights, citing the Superintendence of Health’s impermissible regulation. The Court’s decision also underscores that rehabilitative treatments, along with palliative care, are essential parts of the right to health, including of children.
For their contributions, special thanks to ESCR-Net members: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
