The facts of the petition refer to the child Talia Gabriela Gonzales Lluy, who at the age of 3 became infected with HIV during a blood transfusion from a Red Cross blood bank at a private clinic. The criminal proceedings initiated to assign responsibility prescribed and the lack of firm criminal decision impeded a civil action from being admitted. As a result of her diagnosis, the girl was forbidden from staying in school.

The Inter-American Court analyzed the facts in light of the state obligation to regulate and supervise the provision of health services, as well as the availability and quality of healthcare.

Moreover, the Inter-American Court established standards on the scope of the right to education and the violation of the right to remain in the educational system in relation to the duty of non-discrimination.