B.3.1. Standards relating to the right to health applicable to
people living with HIV
108. Access to drugs is an essential part of the right to enjoy the highest attainable
standard of health.115 In this regard, the Court reiterates the criteria that access to drugs in
the context of pandemics, such as HIV, tuberculosis and malaria, is one of the essential
elements for the progressive achievement of the full exercise of the right of every person to
enjoy the highest attainable standard of physical and mental health. 116 In this regard, the
Court has considered that States must take steps to provide for the regulation of HIVrelated goods, services and information, so as to ensure that there are sufficient services for
HIV prevention and care. It has also indicated that States must take the necessary
measures to ensure for all persons the availability and accessibility of quality goods,
services and information for HIV prevention, treatment, care and support, including
antiretroviral therapy and other safe and effective medicines, diagnostics and related
technologies for preventive, curative and palliative care of HIV, and related opportunistic
infections, and conditions.117
109. In this regard, the Court notes that, in the 2030 Agenda for Sustainable
Development (hereinafter “the 2030 Agenda”), the United Nations General Assembly
established the goal of ensuring healthy lives and promoting well-being for all at all ages,
taking into account the vulnerability of different persons, such as those living with
HIV/AIDS. Accordingly, the States, including Guatemala, agreed to take the necessary steps
in order, by 2030, to end the epidemics of AIDS and other communicable diseases such as
HIV. In addition, the States undertook to achieve universal health coverage, including
access to essential medicines and vaccines for all.118
110. The Court has also indicated that an effective response to HIV requires a
comprehensive approach that includes a sustained sequence of prevention, treatment, care
and support.119 First, this obligation requires the availability of sufficient quantities of
antiretroviral drugs and other pharmaceutical products to treat HIV and opportunistic
infections. On this point, expert witness Ricardo Boza Cordero explained that antiretroviral
treatment controls the virus in the different bodily fluids, but does not eliminate it.
Accordingly, antiretroviral treatment must be strictly monitored and provided for life once
Cf. Case of Duque v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of
February 26, 2016. Series C No. 310, para. 174, and Case of Gonzales Lluy et al. v. Ecuador. Preliminary
objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 298, para. 194. Similarly,
according to General Comment No. 14 of the Committee on ESCR, the right to the highest attainable standard of
health gives rise to minimum obligations, which include to “provide essential drugs, as from time to time defined
under the WHO Action Programme on Essential Drugs.” Cf. Committee on Economic, Social and Cultural Rights,
General Comment No. 14: The Right to the Highest Attainable Standard of Health, August 11, 2000. U.N. Doc.
E/C.12/2000/4, para. 43(d).
115
Cf. Case of Duque v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of
February 26, 2016. Series C No. 310, para. 174, and Case of Gonzales Lluy et al. v. Ecuador. Preliminary
objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 298, para. 169.
116
Cf. Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of September 1, 2015. Series C No. 298, para. 195, and Office of the United Nations High Commissioner
for Human Rights (OHCHR) and the Joint United Nations Program on HIV and AIDS (UNAIDS), International
Guidelines on HIV/AIDS and Human Rights. Consolidated version, 2006, sixth guideline.
117
UN, General Assembly Resolution “Transforming our Word: the 2030 Agenda for Sustainable
Development,” A/70/L.1 adopted on September 25, 2015, paras. 23, 55 and 66, Goal 3, 3.3 and 3.8, Available at:
https://undocs.org/A/RES/70/1.
118
Cf. Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of September 1, 2015. Series C No. 298, para. 196, and Case of Duque v. Colombia. Preliminary
objections, merits, reparations and costs. Judgment of February 26, 2016. Series C No. 310, para. 176.
119
39