Precautionary Measures
7.
On 26 August, 2003, the petitioners lodged a request for
precautionary measures on behalf of the presumed victims together with
a complaint, which was registered in the IACHR as file No. 642. On
October 3, 2003, the Commission asked for additional information
regarding some of the petitioners and their state of health. On October
9, 2003 the petitioners advised the Commission that given the victims’
whereabouts, they would need time to gather such information. On April
13, 2004 the information requested was presented to the Commission,
except for certain tests like the determination of viral load which were
deemed too expensive. On April 21, 2004, the Commission advised the
State of its decision to grant the precautionary measures requested on
behalf of the 39 persons named since they had not been dispensed
appropriate medication by the Guatemalan public health system.
III.
A.
POSITION OF THE PARTIES
The Petitioners
The Facts
8. The presumed victims are carriers of HIV/AIDS. On November 23,
2001, they went, together with others infected with the same virus and
organizations such as the Association for the Coordination of the Fight
Against AIDS (Asociación Coordinadora de Lucha contra el SIDA), the
Association for Comprehensive Health (la Asociación de Salud Integral),
and the Foundation (la Fundación,) to the Ministry of Health as the
entity responsible for dispensing their health care to request the
provision of a comprehensive health plan for persons living with
HIV. They did so pursuant to the General Law on the Fight Against the
Human Immunodeficiency Virus and the Acquired Immunodeficiency
Syndrome, and the Promotion, Protection, and Defense of Human Rights
of Persons with HIV/AIDS, Decree 27-2000. The petition affirms that the
foregoing organizations received no response from the Ministry of
Health. The Ministry did issue a public statement announcing that it
lacked the financial resources needed to fulfill the legal mandate
ordering it to extend health services to persons living with HIV/AIDS.
9. In light of the Ministry of Health’s negative response, on May 27,
2002, the nongovernmental organizations working on the issue of
HIV/AIDS together with persons living with the disease, addressed a
letter to Mr. Alfonso Portillo, President of Guatemala, requesting that he
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents