Brazil apologizes to the court between American for violations of the rights in the event that the “Cabo Frio” mothers

Brazil apologizes to the court between American for violations of the rights in the event that the “Cabo Frio” mothers


Judges of the International Court The death of 96 children in a clinic that has received transfers from Sus

The Brazilian state was apologized to the Intelarmericana Court of Human Rights for violations relating to the death of 96 infants in Cabo Frio, Rio de Janeiro, between June 1996 and March 1997. The case of the case, known as “Cabo Frio Mothers”, was started last Friday 26And now the parties have until October 28 to present their final writing accusations.

In the complaint, the state is accused of violations of the rights of life, family life, judicial guarantees, judicial protection, equality before the law and children’s rights.

The cases occurred at the Pediatric Clinic of the Lakes Region (Clivel), who received resources from Unified Health System (Sus)And he arrived at the International Court after the presentation of the complaint by the Inter -American Commission for Human Rights (IACHR) in 2024.

In front of the court and the families of the victims, Brazil, represented by the prosecutor General of the Union (AGU), defended themselves from some accusations and apologized for facts relating to the case, including the functioning of a pediatric clinic without the necessary authorizations and inspections and the discriminatory inspections and the discriminatory events of the Ministry of Health during the investigation of the case.

The AGU stressed that the State adopted the legally appropriate measures, promoting the investigations and proposing criminal actions regarding the death of the 96 children – the suspects were acquitted by the Court – and reiterated the will to dialogue with families for a consensual solution to chance.

The AGU also argued that the episode dates back to the period before Brazil to the jurisdiction of the Corte’s dispute in 1998 “since they are outside the temporal jurisdiction of the Court, the facts recognized as violations of human rights do not allow the memory and the meche wanted by their families”, says the Agency, in a note.

Finally, AGU asked that, when evaluating any repairement measures, the HDI court “adopts objective, reasonable and proportional criteria, favoring those who have a direct and proven impact on the return of the rights of the victims”.

Understand the case

According to the file files, Clipel was created in 1995 as a non -profit private clinic and operated within the Holy Izabel hospital as a neonatal intensive care unit.

According to Iachr, the victims were born with a normal state of health and most mothers had no problems that endanger the life of children during pregnancy. Even so, they have been brought to intensive care due to different complications, such as breathing problems, prematurity or lack of vacant places in other hospitals.

Families say that when children entered the unit, there was a hospital infection on site and, even knowing the risks, the doctors decided to hospitalize infants on the scene in which they died. The family members also quote have observed irregularities in medical treatment and the lack of hygiene.

A report of experts prepared by the Figueira Institute of Fernandes of the Oswaldo Cruz (Iff/Fiocruz) Foundation, connected to Ministry of Health (MS)He concluded that the abnormal mortality rate recorded in clipel could not be explained by other factors other than hospital contamination.

Previous actions

Citing the report on the police investigations, Iachr says that expert relationships have indicated negligence both by the clipel directors and from health professionals in children’s care. Having said that, administrative processes have been opened.

The first occurred to the coordination of health inspection of the Rio de Janeiro Health Secretariat (Cofisa), but family members did not get answers on the results of the investigations.

The second was established at the Rio de Janeiro Regional Medical Council (Cremerj) in 1997, to investigate the conduct of the medical director of Clipel. In 2000, the Council concluded that he had not committed himself illegal.

The third was in the Ministry of Health in 1998 and studied the responsibility of a specific doctor. The Court does not inform the result of this action.

Family members also denounced the cases in the public service, who accused the professionals of the guilty murder. The trial dragged for almost ten years. In the end, the doctors were acquitted because it was not shown that there was a direct relationship between their actions and the dead.

The judge also stressed that the complaint did not specify the conduct of each defendant, treating everything in a generic way. Families have still tried to repair the actions against the clinic, but all have been rejected.

Opinion of the Commission

The Iachr understands that the Brazilian state has not investigated or judging the case correctly and in a reasonable moment. It also underlines that the process has ignored important factors, such as the vulnerability of the mothers in the puerperium and the racial question of the affected families. Therefore, he concludes that there has been a violation of the principle of equality and non -discrimination.

The Commission also states that the loss of children, added to the lack of knowledge of knowledge what really happened, brought suffering and anguish to the family members, configuring a violation of the right to the psychic and moral integrity of these people.

Finally, the group states that the situation was a “real and imminent” situation to the rights of children and the state should have fulfilled his duties of supervision and supervision.Collaborated Gabriel Damasceno

Source: Terra

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