225. First, the Court considers that the State should implement effective mechanisms for
periodic supervision and monitoring of its public hospitals to ensure that they are providing
comprehensive health care to people living with HIV, in keeping wth domestic law and the
provisions of this judgment (supra paras. 103 to 114). To this end, the State must set up an
information system on the scope of the HIV epidemic in the country, which should contain
statistical information on the people attended by the public health system, as wel as
statistical information on the sex, age, ethnicity, language and socio-economic status of
patients. It must also establish a system that allows a diagnosis to be made of the care
provided to the population living with HIV and, to this end, it must establsh the number of
establishments that treat this population, their geographical location and infrastructure. This
diagnosis will provide the basis for the elaboration of the mechanism to improve the
accessibility, availability and quality of the health care services for people living with HIV
referred to in the following paragraph.
226. The State must design a mechanism to ensure the accessibility, availability and
quality of antiretroviral drugs, diagnostic tests, and health services for people living with
HIV. This mechanism must achieve the following minimum objectives, which must be
reached by actions taken by State entities and its goals will be measured based on
indicators established under a particiative public policy: (i) to increase the availability,
accessibility and quality of antiretroviral drugs, diagnostic tests for the HIV detection, and
tests for the diagnosis and treatment of opportunistic diseases; (ii) to improve programs for
the care of people living with HIV and to increase the coverage of care; (iii) to increase and
improve urgent and immediate measures relating to health care for people living with HIV,
and (iv) to improve the information available for decision making by all the competent
authorities. In addition, to ensure that the design and implementation of this mechanism
are effective, the State must invite the medical community, people living with HIV who are
users of the health system and the organizations that represent them, and the Guatemalan
Ombudsman, to take part in establishing care priorities, taking decisions, and the planning
and evaluation of strategies to improve health care.
227. Second, the Court finds that the State must implement a training program for health
system offcials who work in hospitals and health care centers that treat people with HIV in
Guatemala on international standards and domestic laws regarding comprehensive
treatment for people living with HIV. This training must include information on best care
practices, patients’ rights, and the obligations of the authorities. In addition, this training
must be provided by medical and legal experts for a reasonable time and must be
implemented with a gender perspective.
228. Third, the State must guarantee that pregnant women have access to HIV testing,
and undergo this if they so wish. The State must provide periodic monitoring for pregnant
women living with HIV, as well as adequate medical treatment to avoid vertical transmission
of the virus, without prejudice to the provisions of paragraph 226 of this judgement. To this
end, as it has in other cases, the Court orders the State to design a publication or a booklet
with a clear and accessible summary of the ways to prevent HIV transmission and on the
risk of vertical transmission of the virus, as well as on the resources available to minimize
this risk. This publication should be made available in all public and private hospitals in
and actions established to empower people who are vulnerable, including those living with infections such as
HIV/AIDS, added to a commitment to end such epidemics by 2030. UN, General Assembly Resolution
“Transforming our Word: the 2030 Agenda for Sustainable Development,” A/70/L.1 adopted on September 25,
2015, Preamble, paras. 3, 23, 26, 55 and 66, Goal 3, 3.3 and 3.8. Available at: https://undocs.org/A/RES/70/1.
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