Article 37.- Discrimination. Discrimination against persons living with HIV/AIDS is prohibited, contrary to human dignity, in order to ensure respect for the physical and mental integrity of these persons. Article 48.- Right to services of care. The Ministry of Public Health and Social Assistance shall provide care services to persons living with HIV/AIDS, ensuring counseling, support and up-to-date medical treatment, individually or in a group. This care may be at home or outpatient and shall be designed to meet their physical, psychological and social needs. Additionally, through the Medication Accessibility Program -PROAM-, the Ministry of Public Finance and Economics shall implement a program that enables access nationally and internationally to quality antiretroviral medicines, at affordable prices for persons living with HIV/AIDS. 59. Additionally, on September 6, 2002, the Regulation of Decree No. No. 27-2000 was approved.9 Some of the relevant provisions hereunder appear verbatim: Article 2.- National emergency. After declaring HIV/AIDS as an urgent problem of the nation, the institutions of the government must support any activities of care and prevention that are necessary to enforce compliance with and respect for the human rights enshrined in the international treaties and conventions signed and ratified by Guatemala. Article 31.- Care for persons. THE MINISTRY OF PUBLIC HEALTH AND SOCIAL ASSISTANCE shall ensure that all of its health care units have the basic equipment and necessary supplies to allow for comprehensive quality care and that universally accepted biosafety measures are observed. In no instance may the lack of equipment or supplies be used as an excuse to not provide care to a person with HIV/AIDS. Article 32.- Access to medicine. In keeping with Articles 35 and 48 of the Law, the MINISTRY OF PUBLIC HEALTH AND SOCIAL ASSISTANCE shall provide, at units that have the minimum capacity, quality comprehensive care, including access to antiretroviral medicines in accordance with national HIV/AIDS treatment Protocols. The Protocols shall be developed and updated periodically by said Ministry, with the participation and assistance of technical, scientific and academic and civil society organizations. Said Protocols must be approved by the Ministry of the Branch through the NATIONAL AIDS PROGRAM. In order to achieve better quality and prices of antiretroviral drugs, a commission shall be set up, coordinated by the NATIONAL AIDS PROGRAM with delegates from the Ministries of Public Finance, Economy and from the Medication Accessibility Program -PROAM- for the purchase thereof on the national and international markets, respecting the quality requirements established by the Office of Regulation, Surveillance and Control of Health of the MINISTRY OF PUBLIC HEALTH AND SOCIAL ASSISTANCE. The Medication Accessibility Program -PROAMwill be able to distribute the antiretroviral drugs to affiliated pharmacy facilities that have responsible chemist-pharmacist staff and under the responsibility and supervision of an attending physician, who must extend the appropriate 9Regulation of Decree No. 27-2000. Available http://www.osarguatemala.org/sites/all/docs%20e%20investigaciones/Trilogia%20de%20leyes%20DECAP.pdf 10 at:

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