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.
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