presumed victims. They indicate, furthermore, that the facts underpinning the present petition also constitute violations of other individual rights such as the right to a fair trial; the right to equal protection before the law; the right to judicial protection and to the progressive development of economic, social and cultural rights, all of which are subsumed in the precepts of the American Convention. 39. In this regard, the Commission will consider whether, under Article 1(1) and 26 of the American Convention, the State has a positive obligation to provide antiretroviral treatment, as the petitioners contend. Likewise, it will weigh whether the provision of medical treatment and pharmaceuticals to the alleged victims by private entities in fact relieves the State of the obligation to furnish them itself, assuming the first question is answered in the affirmative. 40. As to the alleged lack of effective judicial oversight, the Commission considers that it might well constitute a violation of the right enshrined in Article 25 of the American Convention if, upon weighing the merits of the case, it finds proof of the facts adduced. Regarding alleged violations of Article 8 of the American Convention, the Commission finds that they have not been specifically substantiated by the petitioners and thus refrains from taking a position on the matter. 41. With regard to the alleged violation of article 5 of the American Convention, the Commission considers that in the present case, it is enshrined in article 4 of the American Convention, along with the right to life. 42. Regarding the alleged violation of article 26 of the American Convention, the Commission considers that since the present case involves the right to health, there is an obligation to provide the general population with a progressive fulfillment in both preventive and curative medical care. In that sense, the Commission agrees with what the Court has stated: “Economic, social and cultural rights have both an individual and a collective dimension. This Court considers that their progressive development, about which the United Nations Committee on Economic, Social and Cultural Rights has already ruled16, should be measured in function of the 16 U.N. Doc. E/1991/23, United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 3: The nature of States Parties obligations (paragraph 1 of article 2 of the Covenant), adopted at the Fifth Session, 1990, point 9. 13