undergone genotype and/or phenotype testing,141 and most presumed victims had not
undergone periodic tests142 in keeping with the standards established for the adequate care
and monitoring required to ensure comprehensive medical treatment for people living with
HIV or, at one time, they themselves had had to cover the cost of such tests. 143 In addition,
the Court notes that, as a result of the foregoing, numerous victims had contracted
opportunistic infections which were not treated (infra, paras. 159 and 164).
123. Third, the Court recalls that care for people living with HIV includes good quality
nutrition, social and psychological support, and social, community and home-based care. In
this case, the Court notes that 22 of the presumed victims received no social support during
their treatment, or this was insufficient,144 or it was only provided by a non-governmental
organization or support group.145 This included deficiencies in the nutritional, psychological,
community and home-based support. Regarding the other presumed victims, the Court has
insufficient information to determine their situation in relation to the social support received.
124. Fourth, the Court recalls that one of the elements of the right to health is that the
most vulnerable or marginalized sectors of the population should have access to health care
facilities, goods and services, which should be within their geographical and financial reach
(supra para. 106). In this case, the Court notes that: (i) Corina Dianeth Robledo Alvarado
had to go into debt due to the expenses arising from a five-hour journey between her home
and the Roosevelt Clinic; (ii) Dora Marina Martínez Sofoifa had to travel in the early morning
hours from her home to the clinic for her appointments and then wait in the emergency
ward, due to the distance, costs and dangers of the area where she lived; (iii) Francisco Sop
Quiej declared that he had had to ask for loans from his family and friends to cover the cost
of his two-hour journey to the clinic which cost 60 quetzals, and he could not always afford
this; (iv) Zoila Marina Pérez Ruíz had to travel five hours to the clinic, and stopped
attending her appointments due to lack of financial resources, and (v) the journey to the
clinic took Miguel Lucas Vaíl five hours and cost 150 quetzals.
The following persons fall into this category: Luis Edwin Cruz Gramajo, Felipe Tebalan Ordoñez, Felix de
Jesus Cabrera Morales, César Noé Cancinos Gómez, Luis Rolando Cuscul Pivaral, María Felipe Pérez, Mardo Luis
Hernández and Hernández, Pascuala de Jesús Mérida Rodríguez, Ismerai Olibia García Castañon and Audencio
Rodas Rodríguez, who have never undergone genotype and/or phenotype testing.
141
The following persons fall into this category: María Blanca Vaíl López, José Rubén Delgado López, Silvia
Mirtala Alvarez Villatoro, Melvin Yovani Ajtun Escobar, José Cupertino Ramírez, Julia Aguilar, Felipe Tebalan
Ordoñez, Luis Rubén Isabel Alvarez Flores, Felix de Jesús Cabrera Morales, César Noé Cancinos Gómez, Aracely
Cinto, María Felipe Pérez, Santos Isacar Vasquez Barrios, Luis Armando Linares Ruano, Marta Alicia Maldonado Paz,
Dora Marina Martínez Sofoifa, Pascuala de Jesús Mérida Rodríguez, Darinel López Montes de Oca, Israel Pérez
Charal, Audencio Rodas Rodríguez, Zoila Marina Pérez Ruíz, Santiago Francisco Valdéz Aguilar, Teresa Magdalena
Ramírez Castro, Karen Judith Samayoa Vásquez, Francisco Sop Quiej, Jorge Armando Tavares Barreno, Miguel
Lucas Vaíl, Santos Vásquez Oliveros, Sandra Lisbeth Zepeda Herrera, Guadalupe Herminia Cayaxon García and
Martina Candelaria Álvarez Estrada, who suffered from deficient or irregular access to viral load, CD4, genotype or
phenotype testing, or indicated that they had had to cover the costs themselves.
142
Regarding Ingrid Janeth Barillas Martínez, Olga Marina Castillo, Juana Aguilar, Iris Carolina Vicente Baullas
and Saira Elisa Barrios, the Court has insufficient information to determine their situation in relation to access to
the said tests. However, with regard to Corina Dianeth Robledo Alvarado, the Court notes that she indicated that
she had periodically undergone the said tests.
143
The following persons fall into this category: Melvin Yovani Ajtun Escobar, Julia Aguilar, Felipe Tebalan
Ordoñez, Saira Elisa Barrios, César Noé Cancinos Gómez, Luis Rolando Cuscul Pivaral, María Felipe Pérez, Ismerai
Olibia García Castañon, Santos Isacar Vásquez Barrios, Luis Armando Linares Ruano, Pascuala de Jesús Mérida
Rodríguez, Darinel López Montes de Oca, Corina Dianeth Robledo Alvarado, Audencio Rodas Rodríguez, Francisco
Sop Quiej and Santos Vásquez Oliveros.
144
The following persons fall into this category: María Blanca Vaíl López, Silvia Mirtala Alvarez Villatoro,
Sebastián Emilio Dueñas, Luis Rubén Isabel Alvarez Flores, Santiago Francisco Valdéz Aguilar and Zoila Marina
Pérez Ruíz.
145
44