provide appropriate medical care to the presumed victims, carriers of
HIV/AIDS. As petitioners point out, the 39 persons included in the
petition, given their medical status, "require comprehensive medical
services in order to guarantee their survival and physical integrity…
what they need, in other words, is appropriate antiretroviral medication
and the medical tests necessary to track the progression of their
illness."6
15.
The petitioners maintain that antiretroviral drugs are capable of
blocking the virus’ reproduction in the body and therefore constitute the
ideal treatment for preventing the advance of the disease. They also
claim that their use helps prevent opportunistic infections as well as
other general symptoms of AIDS.
16.
The State has an obligation, the petitioners claim, to protect the
alleged victims’ right to life. The duty of the State to take positive
measures is heightened with regard to protecting the life and health of
vulnerable people like those diagnosed with HIV/AIDS. The petitioners
allege that inadequate standards of medical care afforded to this
vulnerable group constitutes a threat to the integrity of each member of
the group. Specifically, the petitioners argue that the absence of
appropriate medical care represents an imminent threat to life, as
evidenced in the case of Facundo Gómez Reyes, one of the petitioners of
the appeal for legal protection (amparo) whose death is directly
attributable to the lack of antiretroviral drug therapy which would have
prevented the opportunistic disease that killed him. On that precise
point, the petitioners indicate a heightened responsibility on the part of
the State to take positive steps to protect the life and health of persons
at risk, such as those living with HIV/AIDS.
17. Regarding the physical integrity of individuals infected with the
AIDS virus, petitioners allege that the inadequate care afforded them
and the disregard of their specific needs result in an impairment of their
general health. Petitioners likewise stress that many victims of this
disease enjoy no support whatever from the State, obtaining their
medical treatment through the offices of nongovernmental organizations
like Doctors Without Borders. Assistance from that organization,
however, will only be available for a limited time.
18.
The petitioners call attention to the limited number of persons
with access to State-subsidized antiretroviral drug therapy as evidence
of the unequal protection extended to persons infected with the virus.
6 Communication provided by the petitioners on August 26, 2003.
6
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