REFLEXÕES SOBRE O DIREITO À SAÚDE DAS PESSOAS COM DEFICIÊNCIA PRIVADAS DE LIBERDADE SOB A ÓTICA DO CASO CHINCHILLA SANDOVAL V. GUATEMALA

Abstract

In 2016, the Inter-American Court of Human Rights condemned Guatemala, in a ruling that held the State responsible for institutionalized violations of the rights to personal integrity and life, which resulted in the death of María Inés Chinchilla Sandoval, while serving a custodial sentence. This article was developed based on the following research problem: in what aspects does the case of Chinchilla Sandoval v. Guatemala, within the scope of the Inter-American Court of Human Rights, appear to be an important decision-making standard for guiding the implementation of the right to health for people with disabilities in prison? As an initial hypothesis, it is observed that people with disabilities do not have their rights observed, and are considered hypervulnerable. The general objective of the article is to analyze the implementation of the right to health in prison, based on the aforementioned decision. In order to achieve the general objective, the specific objectives, which correspond to the development sections of the text, consist of: a) presenting the peculiarities of the case analyzed, highlighting the main elements; b) analyze the human rights violated in the case under investigation and their impact on the situation of incarcerated people with disabilities. It is concluded that there are sufficient rules to respect the rights of people with disabilities in prison (programming dimension), but that these rights are not concretely enforced (operational dimension). The research method adopted was the case study, using a bibliographic-documentary research technique that forms the theoretical framework of the study.