Persons deprived of liberty and the right to health: leading case of the inter-American Court of Human Rights
DOI:
https://doi.org/10.46901/revistadadpu.i15.p295-306Keywords:
human rights; right to health; persons deprived of liberty; Inter-American Court of Human Rights.Abstract
This case study analyzes the judgment of the Inter-American Court of Human Rights
in the Hernández vs. Argentina. The Court, reiterating its understanding that economic,
social, cultural and environmental rights are autonomous and vindicating at the domestic
and international levels, confirmed the recognition of the right to health within
the framework of the Inter-American Human Rights System, protected by Article 26
of the American Convention, the Charter of the Organization of American States and
the American Declaration of the Rights and Duties of Man. The Court recognized the
obligation of States-Parties to guarantee the right to health for persons deprived of liberty
and under state supervision.
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