their need for such a treatment. Another two receive prophylactic treatment through Project Life (“Proyecto Vida”), while the remaining two see the doctor just once a month. Additionally, two of the presumed victims receive antiretroviral treatment on an irregular basis from the Guatemalan Institute of Social Security, and only one has undergone treatment at a State clinic. To date, three of the presumed victims have died: Facundo Gómez Reyes, petitioner before the IACHR and appellant before the Constitutional Court; Ismar Ramírez Chajón, petitioner before the IACHR; and Reina López Mújica, petitioner before the IACHR. 3 The Law 13. The petitioners allege that despite such data, the Government of Guatemala makes no provision for comprehensive treatment, fails to carry out required laboratory tests, and does not supply medication to persons diagnosed with HIV. It is further alleged that only 27 persons benefit from antiretroviral pharmaceuticals dispensed by the Ministry of Health 4, allegedly because there are insufficient funds to broaden coverage of that drug. The petitioners argue that this state of affairs contradicts the substance of Guatemala’s General Law on HIV/AIDS: Article 35. On the care of persons. Any person diagnosed as infected by HIV/AIDS shall receive immediate comprehensive care in conditions of equal opportunity with other persons, to which end that person’s will, dignity, individuality and confidentiality shall be respected. Health workers may not deny care to any person living with HIV/AIDS, and shall take the recommended bio-security measures in providing it.5 14. In the opinion of the petitioners, the failure of the State to comply with the cited legal provision is proof that it violated the right to life and physical integrity enshrined in the American Convention when it failed to 3 Facundo Gómez died on February 26, 2003; Reina López Mújica died on November 6, 2003; Ismar Ramírez died on December 4, 2003. 4 “The Ministry of Public Health and Social Welfare (Ministerio de Salud Publica y Asistencia Social) of Guatemala apparently provides medication only to 27 persons who live with the illness.” “The Guatemalan Institute of Social Security extends care to 1200 persons diagnosed with HIV/AIDS, but chronic interruptions in the flow of supplies are causing serious problems of resistance to the medication exacerbated by the lack of medical tests to ensure adequate follow-up.” Communication provided by the petitioners on August 26, 2003. 5 Decree 27-2000, The General Law on the Fight Against the Human Immunodeficiency Virus and the Acquired Immunodeficiency Syndrome and the Promotion, Protection, and Defense of Human Rights of Persons with HIV/AIDS, Guatemala City, July, 2000. 5