effective response to the epidemic but also negatively impacts on the exercise and enjoyment of human rights.”99 111. In light of that situation, the IACHR has noted that States must maximize efforts so that all persons living with HIV/AIDS have access to the care they require,100 including universal access to prevention and treatment services.101 112. On the subject of treatment for persons with HIV/AIDS, the Inter-American Court established recently in the case of Gonzáles Lluy et al v. Ecuador, involving events beginning in 1998, that “the International Guidelines on HIV/AIDS and Human Rights of the Office of the United Nations High Commissioner for Human Rights (…) and the Joint United Nations Program on HIV/AIDS (…) constitute an authoritative reference to clarify some international obligations of the State on this subject matter.”102 113. In this same case, the Inter-American Court highlighted Guideline 6 and the interpretation thereof as follows: Guideline 6, as revised in 2002, reads that: States should enact legislation to provide for the regulation of HIV-related goods, services and information, so as to ensure widespread availability of quality prevention measures and services, adequate HIV prevention and care information, and safe and effective medication at an affordable price. States should also take measures necessary to ensure for all persons, on a sustained and equal basis, the availability and accessibility of quality goods, services and information for HIV prevention, treatment, care and support, including antiretroviral and other safe and effective medicines, diagnostics and related technologies for preventive, curative and palliative care of HIV and related opportunistic infections and conditions. […]103 This Guideline 6 has been interpreted by the OUNHCHR and UNAIDS to mean that an effective response to HIV requires a comprehensive approach that includes a continuum of prevention, treatment, care and support: Prevention, treatment, care and support are mutually reinforcing elements and a continuum of an effective response to HIV. They must be integrated into a comprehensive approach, and a multifaceted response is needed. Comprehensive treatment, care and support include antiretroviral and other medicines, diagnostics and related technologies for the care of HIV and AIDS, related opportunistic infections and other conditions, good nutrition, and social, spiritual and psychological support, as well as family, community and home-based care. HIV99 Press Release 147/12, The IACHR, the CIM, UNAIDS and PAHO call on OAS Member States to eradicate stigma and discrimination surrounding HIV in the Americas, December 17, 2012. Available at: http://www.oas.org/es/cidh/prensa/comunicados/2012/147.asp 100 Press Release 95/12, Organizations join efforts to fight discrimination and stigma related to HIV, July 25, 2012. Available at: http://www.oas.org/es/cidh/prensa/comunicados/2012/095.asp 101 Press Release 147/12, The IACHR, the CIM, UNAIDS and PAHO call on OAS Member States to eradicate stigma and discrimination surrounding HIV in the Americas, December 17, 2012. Available at: http://www.oas.org/es/cidh/prensa/comunicados/2012/147.asp 102 IA Court of HR. Case of Gonzales Lluy et al v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 01, 2015. Series C No. 298. Par. 194. 103 IA Court of HR. Case of Gonzales Lluy et al v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 01, 2015. Series C No. 298. Par. 195. Quoting: Office of the United Nations High Commissioner for Human Rights (UNHCHR) and the Joint United Nations Program on HIV/AIDS (UNAIDS), International Guidelines on HIV/AIDs and Human Rights. Consolidated Version of 2006, Guideline 6. Available at: http://data.unaids.org/pub/Report/2006/jc1252-internationalguidelines_es.pdf. 29

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