11. The approach taken by the Inter-American Court in this case is not new in our region. The high national jurisdictions have developed important standards to achieve the full realization of the right to health within the framework of the obligation of progressivity and the prohibition of retrogressivity.29 In some cases they have considered the particular circumstances of people with HIV/AIDS and their situation of vulnerability. I will now refer to some of these standards in order to provide a general overview of the matter. a. The constitutionalization of the obligation of progressivity 12. Various Constitutions in the region have recognized, either expressly or implicitly, the obligation or progressivity (principle of progressivity with regard to human rights). 13. In this regard, some fundamental texts expressly state, in general, that this obligation or principle encompasses all human rights and not only the ESCER. Countries such Bolivia,30 Ecuador,31 Mexico32, Dominican Republic33 and Venezuela34 fall within this scenario. A second variant includes those Constitutions that – exclusively – have recognized the programmatic nature of certain rights that, in general, are ESCER. Countries such as Colombia,35 Guatemala,36 Honduras37 and Peru employ this model.38 A third block of In this regard, when examining the general obligation of progressivity in its General Comment No. 3 (1991), the CESCR indicated that: “[…] any deliberately retrogressive measures […] would require the most careful consideration and would need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.” This interpretation by the CESCR has been reiterated in recent comments, such as General Comment No. 23 (2016) when it indicated that: ”State parties should avoid taking any deliberately retrogressive measure without careful consideration and justification.” See, CESCR, General Comment No. 3, The Nature of States Parties’ Obligations (Art. 2, Para. 1, of the Covenant), January 1, 1990, para. 9, and CESCR, General Comment No. 23 on the right to just and favourable conditions of work (article 7 of the International Covenant on Economic, Social and Cultural Rights), E/C.12/GC/23, April 26, 2016, para. 52. 29 “Article 13. I. The rights recognized by the Constitution are inviolable, universal, interdependent, indivisible and progressive. The State has the obligation to promote them, protect them and respect them. […].” Constitution of the State, promulgated on February 7, 2009. Constituent Assembly of Bolivia. 30 “Article 11. The exercise of the rights shall be governed by the following principles: […] 8. The content of the rights shall be developed progressively through laws, jurisprudence and public policies. The State shall create and guarantee the necessary conditions for their full recognition and exercise. Any act or omission of a retrogressive nature that unjustifiably reduces, impairs or annuls the exercise of the rights shall be unconstitutional […].” Constitution of the Republic of Ecuador, published in the official gazette on October 20, 2008. 31 “Article 1. […] All the authorities, within their area of competence, have the obligation to promote, respect, protect and guarantee the human rights in accordance with the principles of universality, interdependence, indivisibility and progressivity. Consequently, the State shall prevent, investigate, punish and repair human rights violations as established by law. […].” Constitution of the United Mexican States. Published in the federal official gazette on September 15, 2017. 32 “Article 8. Essential function of the State. An essential function of the State is: the effective protection of the rights of the individual, respect for his or her dignity and creation of means that allow the rights to be realized in an egalitarian, equitable and progressive manner, within a framework of individual liberty and social justice, compatible with public order, general well-being and the rights of everyone.” Constitution of the Dominican Republic. Published in the official gazette on July 10, 2015. 33 “Article 19. The State shall guarantee to everyone, pursuant to the principle of progressivity and with no discrimination, the irrevocable, indivisible and interdependent enjoyment and exercise of human rights. Their respect and guarantee are obligatory for all the organs of Government pursuant to this Constitution, the human rights treaties signed and ratified by the Republic and the laws that develop them.” Constitution of the Bolivarian Republic of Venezuela, amended on February 15, 2009. 34 The principle of progressivity is established in articles 48, 64, 262, 334 and 363 of the Constitution of Colombia, especially the right to social security (article 48) and to land ownership (article 64). See, Constitution of Colombia, updated by Legislative Act 2 of 2017. 35 6