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Violation of the right to health: Alban cornejo vs ecuador case

Abstract:

The right to health is one of the most precious rights for human beings and it is an obligation for the states to guarantee it with the required quality. The purpose of this research is to develop a legal commentary on the judgment of the Inter-American Court of Human Rights in the Alban Cornejo v. Ecuador case. The research has a philosophical-legal character, since it studies legal institutions such as tort liability, its objectivist and subjectivist regimes, and pays attention to the repercussion of the damage as an element for the demand of liability to the State. Doctrine, jurisprudence, and regulations on the non-contractual liability of the State for failures in the public health service were consulted and a commentary on the judgment of the Inter-American Court of Human Rights in the case of Alban Cornejo v. Ecuador was made. It can be concluded that the right to health is a state duty, whether public or private institutions have the obligation to ensure compliance with this right with a high level of satisfaction for citizens, if this is breached the State must hold officials and institutions responsible for the reparation of the damage.