IACHR
Press Release
IACHR Announces the Publication of Report No. 110/20 on Petition 735-07, Ismael Mondragón, Concerning Mexico
June 26, 2020
Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) announced its decision to approve the friendly settlement agreement relating to petition 735-07, Ismael Mondragón, which was signed on March 14, 2018, between the victims, their representatives, and the Mexican State.
On June 6, 2007, the IACHR received a petition presented by Mr. Edgar Mondragón Bustamante that alleged that the Mexican State was internationally responsible for failing to investigate the death of his 23-month-old son, Ismael Mondragón, as a result of medical malpractice. The attorney Miguel Nava Alvarado subsequently joined the case as copetitioner.
On March 14, 2018, the parties signed a friendly settlement agreement in which the Mexican State committed to the following:
• Provide each of the victims with free, appropriate, preferential
medical and psychological care, through the design of a personalized health
roadmap.
• Include the victims, if appropriate, in the People’s Insurance Program, to
provide them access to the services that are included in this.
• Provide medical care should their place of residence change.
• Grant educational scholarships in accordance with the applicable laws and
through the competent authorities.
• Hold an official ceremony to acknowledge responsibility and offer a public
apology.
• Publicize the official ceremony acknowledging responsibility.
• Unveil a plaque and bust at the Children’s Hospital of the State of
Sonora.
• Conduct training courses on pediatric medical care and human rights.
• Grant payment of compensation for material damages in favor of the
victims.
• Grant payment of compensation for moral damages in favor of the victims.
• Grant payments for this compensation within six months of signing the
friendly settlement agreement.
• Promote access to possible support for “productive projects” for the
victims.
On this point, in its Friendly Settlement Report, the IACHR drew attention to the second declaratory clause, in which the State acknowledged its international responsibility for violating the rights enshrined in articles 4 (right to life), 5 (the right to humane treatment), and 19 (the rights of the child) of the American Convention on Human Rights. The IACHR also noted declaratory clause 3.1, in which the parties recognized the Mexican State’s obligation to provide full redress to Ismael Mondragón’s next of kin.
With regard to the measure concerning health insurance, the IACHR deemed that the clause relating to the victims’ inclusion in the People’s Insurance Program had been fully complied with, as it confirmed that all beneficiaries had been included in this program and have been guaranteed priority access to free, high-quality medical and psychological health services, giving due consideration to the particular circumstances and needs of the case, in order to protect, promote, and restore the beneficiaries’ health through a differential approach with a focus on social inclusion and a human rights perspective.
On the matter of training courses on pediatric medical care and human rights, the IACHR deemed that the measure had been fully complied with after verifying that the State had carried out five medical training days for personnel of the Children’s Hospital of the State of Sonora. Likewise, with regard to the payment of economic compensation, the IACHR that the measures in question had been fully complied with after verifying that the State had made a payment to Mr. Edgar Mondragón Bustamante and his family on April 13, 2018.
In its Approval Report, the IACHR declared that six of the measures in the Friendly Settlement Agreement had been fully complied with, namely those concerning the granting of educational scholarships, economic redress, inclusion in the People’s Insurance Program, and training courses. It also declared partial compliance with the point concerning the health roadmap. It stated that compliance was pending on three measures: the ceremony to acknowledge responsibility, the publicizing of this, the unveiling of a plaque and a bust in memory of Ismael Mondragón, and the inclusion of the victims in a productive project. The IACHR decided to continue monitoring the friendly settlement agreement until it has been fully implemented.
The IACHR monitored progress on the friendly settlement closely and praised the two parties for the efforts they made during the negotiations toward reaching an agreement that would be compatible with the objectives of the Inter-American Convention on Human Rights. The IACHR commended both parties for their willingness to move toward settling this issue through nonadversarial means. It will continue to monitor implementation of the remaining measures until they have been fully complied with. The IACHR also congratulated the Mexican State for its efforts to develop public policy on friendly settlements and alternative forms of dispute resolution.
Friendly Settlement Report No. 110/20 on petition 735-07 is available here.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 150/20