The Inter-American Commission on Human Rights (IACHR) held the Ecuadorian State responsible for the violation of health rights in the case of Luis Eduardo Guachalá Chimbo and ordered to investigate, determine, prosecute and, if applicable, punish all those responsible for his disappearance.
Luis Eduardo Guachalá Chimbo, 23, was admitted to the Julio Endara public psychiatric hospital on two occasions in 2004, due to the epilepsy that he suffered since childhood.
On January 10 of that year, he was admitted again and his mother, Zoila Chimbo, signed the authorization to enter the hospital; While on January 12, his mother, when she went to the health home, did not find him in her room, and after consulting the hospital staff, they gave her contradictory information.
“On Wednesday, January 14, 2004, Mr. Guachalá suffered a fall, so the next day the wound in the left ciliary region was sutured and anti-inflammatory medication was prescribed,” the international body’s ruling states.
By Sunday, January 18, Zoila went to the hospital to see her son and it was reported that her son had escaped from the hospital the day before. Since then, until now, no more has been heard from Luis Eduardo.
Regarding this case, the IACHR determined that Ecuador is responsible for the violation of the right to health, discrimination, disappearance, lack of guarantees and judicial protection of a person with a disability.
In this way, the agency ordered 14 reparation measures, among which are:
a) Investigate, determine, prosecute and, where appropriate, punish all those responsible.
b) Determine the victim’s whereabouts.
c) Grant Zoila Chimbo Jarro, and Nancy Guachalá Chimbo a sum of money, for expenses for psychological and / or psychiatric treatment, as well as for medications and other related expenses that they may need.
d) In the event that Mr. Guachalá Chimbo is found alive, provide him free of charge, in an immediate, timely, adequate and effective manner, medical and psychological and / or psychiatric treatment.
e) The publication of the Judgment and its official summary.
f) Carry out a public act of recognition of international responsibility.
g) Regulate the international obligation to provide support to people with disabilities so that they can give their informed consent to medical treatment.
h) Design and implement a one-time training course on informed consent and the obligation to provide support to people with disabilities aimed at the medical and health personnel of the Julio Endara Hospital.
i) Design a publication or booklet that develops in a synthetic, clear, accessible and easy-to-read way the rights of people with disabilities when receiving medical care, in which specific mention must be made of prior, free, full and informed consent and the obligation to provide the necessary support to people with disabilities
j) Make an informative video on the rights of people with disabilities when receiving medical care, as well as the obligations of medical personnel when providing care to people with disabilities, in which specific mention must be made of free, prior consent, full and informed and the obligation to provide the necessary support to people with disabilities.
k) Develop a protocol for action in cases of disappearances of people hospitalized in public health centers.
l) Pay compensation for pecuniary and non-pecuniary damage
m) Payment of certain costs and expenses.
n) Reintegrate to the Victims’ Legal Assistance Fund of the Inter-American Court of Human Rights the amount disbursed during the processing of this case.
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