IV. ANALYSIS OF THE MERITS A. Proven Facts 1. Relevant Provisions of Law 57. The 1985 Political Constitution of Republic of Guatemala establishes the following:7 Article 93.- Right to Health. Enjoyment of health is a fundamental right of the human being, without any discrimination. Article 94.- Obligation of the State regarding health and social assistance. The State shall ensure the health and social assistance of all inhabitants. It shall conduct, through its institutions, activities of prevention, promotion, recovery, rehabilitation, coordination and the relevant complementary activities in order to strive for their most complete physical, mental and social wellbeing. Article 95.- Health, public good. The health of the inhabitants of the Nation is a public good. All persons and institutions are obligated to safeguard the preservation and recovery thereof. 58. In July 2000, Decree No. 27-2000 – General Law to Combat the Human Immunodeficiency Virus HIV and Acquired Immunodeficiency Syndrome AIDS and for the Promotion and Defense of Human Rights of Persons living with HIV/AIDS was approved.8 Reproduced hereunder are some of the relevant provisions of that law: Article 2.- Purpose of the Law. The purpose of the instant law is to create a legal framework enabling the implementation of the necessary mechanisms for education, prevention, epidemiological surveillance, research, care and tracking of Sexually Transmitted Diseases –STD-, as well as to ensure respect for, the promotion, protection and the defense of the human rights of persons affected by these diseases. Article 35.- Care of persons. Every person diagnosed with HIV/AIDS infection must receive integrated care immediately and on an equal basis with other persons, for which the will, dignity, individuality and confidentiality must be respected. No health care worker may refuse to provide the care that is required by a person living with HIV/AIDS, while taking the recommended biosafety measures. Article 36.- Human rights in general. Every person living with HIV/AIDS has rights and duties as proclaimed in the Universal Declaration of Human Rights and in the International Agreements on Human Rights and in the International Agreements on Human Rights signed by the State of Guatemala, the stipulations of the Political Constitution of the Republic and those provided for in the instant law. 7 const.pdf Political Constitution of the Republic of Guatemala. Available at: https://www.oas.org/juridico/mla/sp/gtm/sp_gtm-int-text- 8 Decree No. 27-2000 – General Law to Combat the Human Immunodeficiency Virus HIV and Acquired Immunodeficiency Syndrome AIDS and for the Promotion, Protection and Defense of Human Rights of Persons with HIV/AIDS. Available at: http://www.osarguatemala.org/sites/all/docs%20e%20investigaciones/Trilogia%20de%20leyes%20DECAP.pdf 9