125. The Court considers that, in the case of the five presumed victims, the distance to
the health clinic and their precarious financial situation constituted a barrier to their access
to the health centers, and this had an impact on their possibility of receiving medical care
and, therefore, on their possibility of beginning or continuing their treatment satisfactorily.
The Court notes that the financial situation of the presumed victims was a determinant
factor in their possibility of accessing the health care facilities, goods and services and that
the State failed to take steps to mitigate this impact. Consequently, the Court considers that
Corina Dianeth Robledo Alvarado, Dora Marina Martínez Sofoifa, Zoila Marina Pérez Ruíz,
Francisco Sop Quiej and Miguel Lucas Vaíl did not have adequate access to medical care
owing to their financial situation and the remoteness of their place of residence. Regarding
the other presumed victims, the Court lacks sufficient information to determine whether
their financial situation or the geographical location of their homes constituted obstacle to
receiving medical care.
126. The Court considers that, since the irregular, inadequate or total lack of access to
antiretroviral drugs (supra para. 121), the lack of access to periodic CD4 counts, and viral
load, phenotype and genotype testing (supra para. 122), the inadequate or total lack of
social support (supra para. 123), and the impossibility of access to the health centers for
financial reasons or the location of the homes of some of the presumed victims (supra para.
125) has been proved, the State failed to comply with its obligation to guarantee the right
to health because its omissions are incompatible with the elements of the availability,
accessibility and quality of health care. The elements of availability and quality require the
existence of a sufficient quantity of the goods, services and medicines needed for health
care, which should also be of a good quality and appropriate from the medical perspective,
which did not occur in this case. The element of accessibility requires that the health care
facilities, goods and services are accessible, in law and in fact, for the most vulnerable and
marginalized sectors, and that they are located at a reasonable geographical distance, a
situation that did not occur in this case.
127. Consequently, the Court concludes that the State failed to ensure the right to health
of Rita Mariana Dubón Orozco, Luis Edwin Cruz Gramajo, Petrona López Robledo, Maria
Blanca Vaíl López, Guadalupe Herminia Cayaxon García, José Rubén Delgado López, Elsa
Miriam Estrada Ruíz, Silvia Mirtala Álvarez Villatoro, Juana Aguilar, Melvin Yovani Ajtun
Escobar, José Cupertino Ramírez, Sebastián Emilio Dueñas, Julia Aguilar, Felipe Tebalan
Ordoñez, Martina Candelaria Alvarez Estrada, Luis Rubén Isabel Alvarez Flores, Saira Elisa
Barrios, Felix de Jesús Cabrera Morales, César Noé Cancinos Gómez, Aracely Cinto, Luis
Rolando Cuscul Pivaral, María Felipe Pérez, Ismerai Olibia García Castañon, Santos Isacar
Vásquez Barrios, Mardo Luis Hernández and Hernández, Luis Armando Linares Ruano, Marta
Alicia Maldonado Paz, Dora Marina Martínez Sofoifa, Pascuala de Jesús Mérida Rodríguez,
Darinel López Montes de Oca, Israel Perez Charal, Corina Dianeth Robledo Alvarado,
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, Iris Carolina
Vicente Baullas and Sandra Lisbeth Zepeda Herrera. Therefore, the State is responsible for
the violation of the obligation to ensure the right to health in accordance with Article 26 of
the American Convention, in relation to Article 1(1) of this instrument.
B.4.3. Analysis of the scope of the discrimination that occurred in this
case
128. The representatives argued that the State had discriminated against the presumed
victims in this case by failing to ensure them comprehensive, accessible, acceptable and
good quality care, taking into account the diverse situations of vulnerability they faced. They
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