conditions suffered by the next of kin of the victims, which should be provided by reliable
and qualified personnel and that it cover all the expenses arising from such treatment,
including transport and other needs that could arise. In particular, they stressed the
importance of the State providing the medical and psycological treatment required by the
next of kin who are declared victims immediately and free of charge through its specialized
health care institutions.
208. In this regard, the State indicated that, if the Court decided that it was
internationally responsible for failing to ensure any of the rights recognized in the
Convention, it should take into account that, with the exception of reparation for pecuniary
and non-pecuniary damage, it had already taken the necessary measures to insure all the
surviving victims in this case, as well as all the other people who are infected and who live
in Guatemala. In addition, the State indicated that, regarding the reparation requested by
the representatives for the possible harm caused by the alleged violation of Article 19 of the
Convention, it was unable to refer to this, because the legal grounds included in the
representatives’ brief with motions, pleadings and evidence did not include arguments on
this point. The State therefore asked the Court to find that this request for reparation had
not been submitted.
B.1.2. Considerations of the Court
209. In this judgment, the Court has declared that the State is responsible for the
violation of the obligation to ensure the right to health owing to the State’s omissions
concerning the medical treatment of the 49 victims in the case, and for violating the
personal integrity of 46 victims and 63 of their next of kin. Consequently, the Court finds it
necessary to establish a measure of reparation that provides adequate medical care in
keeping with the standards set out in this judgment.
210. Accordingly, the Court establishes the obligation of the State to provide, free of
charge, and immediately, promptly, adequately and effectively through its specialized public
health institutions or specialized health personnel, medical and psychological or psychiatric
treatment to the direct victims of violations of the right to health and to personal integrity.
This treatment must include the following: (i) the free supply, for life, of the drugs they may
eventually require, both those necessary to combat HIV, and those required to combat
opportunistic diseases (supra para. 110); (ii) diagnostic tests for treating HIV and for the
diagnosis and treatment of other diseases that may occur (supra para. 111); (iii) social
support, including providing the food required for the treatment, emotional support, psychosocial counseling, and nutritional support (supra para. 112), and (iv) condoms, lubricants,
sterile injection equipment and technologies for the prevention of HIV (supra para.113). If
the State does not have these inputs, it must have recourse to private institutions or
specialized institutions of civil society. In addition, the State must provide immediate
medical care to the victims who suffer from lipodystrophy, including the surgery required to
treat this condition.
211. Furthermore, in this judgment, the Court has declared that the State failed to comply
with its obligation to ensure the right to health of Corina Dianeth Robledo Alvarado, Dora
Marina Martínez Sofoifa, Zoila Marina Pérez Ruíz, Francisco Sop Quiej and Miguel Lucas Vaíl
because it did not adopt positive measures to provide them with access to health care
centers. Consequently, the Court finds it opportune to order that the medical treatament be
provided in the medical center nearest to the place of residence of the victims in this case
for the time necessary. The State must assume their food and transport expenses on the
day they attend the medical center.
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