AIDS, as well as to guarantee the respect, promotion, protection and defense of the human
rights of those suffering from such infections. Thus, article 35 established that any person
diagnosed with HIV/AIDS must receive immediate comprehensive care, in the same
conditions as others, respecting their wishes, dignity, individuality and confidentiality; and
that no health worker may refuse to provide the care required by a person living with
HIV/AIDS, and should take the recommended biosafety measures. Regarding the provision
of health services, article 48 of the General Law to combat HIV/AIDS stipulates:
The Ministry of Public Health and Social Assistance shall provide health care services
to people living with HIV/AIDS that ensure them counselling, support and the most
recent medical treatment, individually or in group. This care may be provided in the
home or as an outpatient and shall be designed to respond to their physical
psychological and social needs. Also, through the Program for the Accessibility of
Medicines (PROAM), the Ministry of Public Finance and Economy shall implement a
program that allows access to quality antiretroviral drugs at the national and
international level, at a cost accessible to people living with HIV/AIDS.
46.
On September 6, 2002, the President of Guatemala ratified the “Regulations to the
General Law to Combat the Human Immunodeficiency Virus (HIV) and the Acquired
Immunodeficiency Syndrome (AIDS) and for the Promotion, Protection and Defense of
Human Rights in the presence of HIV/AIDS” (hereinafter also “Regulations to the General
Law to combat HIV/AIDS”), which reiterated that HIV/AIDS was an urgent national problem
and that the Ministry of Public Health and Social Assistance (hereinafter also “Ministry of
Public Health”) should ensure that all its health units had the necessary basic equipment
and inputs to provide quality comprehensive care and that a lack of equipment or inputs
could never be used as an excuse not to provide care to a person with HIV/AIDS.31
Regarding access to medication, article 32 of the Regulations established:
Pursuant to articles 35 and 48 of the Law, the MINISTRY OF PUBLIC HEALTH AND
SOCIAL ASSISTANCE shall provide, in units that have the minimum capacity, quality
comprehensive care, including access to antiretroviral drugs in keeping with the
national protocols to treat HIV/AIDS. […] To obtain a better quality and price for
antiretroviral drugs, a committee shall be established coordinated by the NATIONAL
AIDS PROGRAM with delegates from the Ministries of Public Finance and of Economy,
and from the Program for the Accessibility of Medicines (PROAM) for the purposes of
purchases on the domestic and international markets […].
The Program for the Accessibility of Medicines (PROAM) may distribute the
antiretroviral drugs to affiliated pharmacies that have qualified pharmaceuticalchemical staff, under the responsibility and supervision of a treating physician who
must provide the corresponding prescription for the drugs to be supplied. The
Program referred to in this paragraph does not conduct direct individual sales.
47.
Regarding the allocation of funds, article 35 of the Regulations to the General Law to
Combat HIV/AIDS established that the Ministry of Public Health would transfer the funds
allocated to the exclusive use and implementation of the strategies and actions established
in the Law to the National AIDS Program, which would promote their decentralized use at
the level of health regions, health districts, and the community. It also established that the
Ministry of Public Finance would allocate and include the specific financial envelope in the
State’s General Income and Expenditure Budget so that the National AIDS Program could
Cf. Government Decree No. 317-2002 of September 6, 2002, Regulations to the General Law to Combat
the Human Immunodeficiency Virus (HIV) and the Acquired Immunodeficiency Syndrome (AIDS) and for the
Promotion, Protection and Defense of Human Rights in the presence of HIV/AIDS, article 31 (evidence file, folio
9938).
31
15