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: