prevention technologies include condoms, lubricants, sterile injection equipment,
antiretroviral medicines (e.g. to prevent mother-to-child transmission or as postexposure prophylaxis) and, once developed, safe and effective microbicides and
vaccines. Based on human rights principles, universal access requires that these
goods, services and information not only be available, acceptable and of good
quality, but also within physical reach and affordable for all.104
114.
The Inter-American Commission notes that HIV/AIDS can be effectively and indefinitely
treated via administration of antiretroviral drugs,105 which improve and enhance the quality of life of persons
infected with HIV.106 Said treatment is delicate, and both its initiation and follow-up must be carried out by
suitably qualified staff, bearing in mind the circumstances of the person infected with HIV.107 Stopping the
treatment would lead to a revival of the symptoms and an earlier death.108 The Pan American Health
Organization has provided particular parameters that should be followed prior to initiating antiretroviral
treatment.109
115.
Notwithstanding, according to the Guideline 6 suitable HIV/AIDS treatment requires not
only access to antiretroviral medicine on a permanent basis, but also consistent periodical follow-up that not
only includes medical aspects, but also adequate nutrition, psychological support for the day-to-day and
social activities of life.110
116.
Along the same lines and taking into account the variety of sources, the Inter-American
Court recently held that:
Access to antiretroviral drugs is only one of the elements of an effective response to persons
living with HIV. In this regard, persons living with HIV require a comprehensive approach
that includes a continuum of prevention, treatment, care and support. A limited response to
access to antiretroviral drugs and other medicines does not fulfill the obligations of
prevention, treatment, care and support emanating from the right to the highest possible
level of health.111
104 IA Court of HR. Case of Gonzales Lluy et al v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of
September 01, 2015. Series C No. 298. Par. 196. Quoting: OUNHCHR and UNAIDS, International Guidelines on HIV/AIDS and Human Rights.
Consolidated Version of 2006, comment on Guideline 6, par. 26. Available at: http://data.unaids.org/pub/Report/2006/jc1252internationalguidelines_es.pdf.
105
IACHR, Report No. 63/08, Case 12.534, Admissibility and Merits, Andrea Mortlock, United States, July 25, 2008, par. 90.
106
IACHR, Report No. 27/09, Case 12.249, Jorge Odir Miranda Cortez et al, El Salvador, March 20, 2009, par. 104.
107
IACHR, Report No. 27/09, Case 12.249, Jorge Odir Miranda Cortez et al, El Salvador, March 20, 2009, par. 104.
108
IACHR, Report No. 63/08, Case 12.534, Admissibility and Merits, Andrea Mortlock, United States, July 25, 2008, par. 90.
Prior to beginning antiretroviral therapy, the clinician must make sure that the following has been done: - Clinical history
and physical exploration.. – Confirmation of diagnosis of HIV infection (according to local protocols). Whenever possible, it is best for this
to be done with two Elisa tests using two different techniques in two different samples and with confirmation of test result in one of the
samples. – Comprehensive blood work. – Biochemical blood profile, including glucose, bilirubin, transaminase, amylase (when using
DDI), creatinine or BUN, cholesterol, triglycerides and partial urine test. – CD4 cell count, using flow cytometry or another equivalent
reliable method. – When available, viral load when the CD4 cell count is lower than 350 cells/mm3. – Nutritional situation and eating
habits. – Evaluation of mental, psychological, emotional, family, work and social factors of the patient, which may positively or negatively
affect future adherence, to care services and to any potential treatment that he or she may receive, especially antiretroviral treatment.”
PAHO, “HIV/AIDS: PAHO prepares a guide to increase use of antiretroviral drugs in Latin America and the Caribbean,” Press Release
January 10, 2003.
109
110 Office of the United Nations High Commissioner for Human Rights (UNHCHR) and the Joint United Nations Program on
HIV/AIDS (UNAIDS), International Guidelines on HIV/AIDs and Human Rights. Consolidated Version of 2006, Guideline 6. Available at:
http://data.unaids.org/pub/Report/2006/jc1252-internationalguidelines_es.pdf.
111 IA Court of HR. Case of Gonzales Lluy et al v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of
September 01, 2015. Series C No. 298. Par. 197. Also quoting: The Guidelines also establish that “States should also ensure access to
adequate treatment and drugs, within the overall context of their public health policies, so that people living with HIV can live as long and
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