10 1. Persons enrolled in the System through a contribution-based regime are persons linked by way of an employment contract, public servants, pensioners and retirees, and independent workers with the means to pay.[…] 2. Persons enrolled in the System through the subsidized regime referenced in Article 211 of this law, are persons who do not have the means to pay the full amount of the contribution. The following shall be subsidized under the General Social Security Health Services System: the poorest and most vulnerable population in the country’s rural and urban areas. Of particular importance within this group are mothers during pregnancy, birth and postpartum and during the nursing period, community mothers, mothers who are heads of household, children under the age of one, children in irregular circumstances, those suffering from Hansen’s disease, those over age 65, the disabled, campesinos, indigenous communities, independent workers and professionals, artists and sportspersons, bullfighters and their subordinates, independent journalists, master craftsmen in construction work, bricklayers, taxi drivers, electricians, the unemployed and other persons who do not have the means to pay. 46. As for the health services available under each enrollment regime, Article 162 of Law 100 of 1993 provides the following: For members who contribute under the rules of the contribution-based regime, the content of the Mandatory Health Plan shall be as described in decree-law 1650 of 1977 and its regulations, including the supply of essential medications in generic form. For the other beneficiaries of a contributing member’s family, the Mandatory Health Plan shall be similar to the previous one, but additional sums shall be required, especially at the primary care level, as provided in Article 188 of this law. For members under the subsidized regime, the National Social Security Health Services Council shall devise a program so that by the year 2001 these beneficiaries gradually reach the contribution-based regime’s Mandatory Plan. At the outset, the plan will feature primary care health services equivalent to 50% of the per capita unit of payment under the contributionbased regime. Secondary and tertiary care shall be gradually added to the plan based on the contribution they make to years of healthy living. C. Tutela actions filed to request recognition of the survivor’s pension 47. In view of COLFONDOS’ refusal, on April 26, 2002 Mr. Duque filed a tutela action to have his right to the survivor’s pension recognized and the survivor’s pension paid as a temporary measure while legal action was brought. Mr. Duque listed the following as the grounds for his tutela action: (i) he was JOJG’s partner; (ii) he had no income, no job or revenue of any kind; (iii) he lived with HIV and was under anti-retroviral treatment, which could not be suspended;11 (iv) he would lose his membership 11 As evidence for the court, Mr. Duque introduced an opinion written by the Liga Colombiana de Lucha Contra el Sida [Colombian League to Combat AIDS] which states the following: “FAILURE TO PROVIDE A STEADY SUPPLY OF antiretroviral medications to treat the HIV and AIDS infection not only produces a violation of human rights but also has grave consequences for the quality of life of persons living with HIV/AIDS and for public health […]: erosion and deterioration of the length and quality of life of persons living with HIV/AIDS whose treatment is suspended; the HIV virus develops a resistance to the medications that were suspended; a resistance develops when a change is made to other antiretroviral medications that the patient has not taken previously; development of a more aggressive virus that is more difficult to control, since it is an HIV that is resistant to various antiretrovirals; likely transmission of that resistant HIV to other persons who have not contracted HIV and for whom the treatment would no longer be effective. Annex 6. Opinion of the Liga Colombiana de Lucha Contra el Sida [Colombian League to Combat AIDS], April 1, 1998 (Annex 7 of the original petition.