of multiple vulnerability, because of the scarce financial resources available to them and because persons
living with HIV/AIDS are involved, which places their lives and personal integrity at serious risk.
122.
Additionally, the IACHR takes note that, as per the petitioners’ claims, the care provided by
Doctors Without Borders was off-and-on and, in some instances, precarious. The Commission underscores
that the lack of stability in medical care seriously affected the alleged victims. In addition to that, the IACHR
notes that the decision of said non-profit agency to treat any persons with HIV/AIDS was voluntary and was
not associated with any obligation, such as the obligation that the State did have.
123.
The Commission finds that the State has not only breached its obligation to protect the
victims’ right to personal integrity, but also their right to life, from two points of view stemming from the case
law of both bodies of the Inter-American system described earlier in this merits report. On the one hand,
with relation to the risk of loss of life to which the victims were exposed in not having the treatment that the
State should have offered. On the other hand, with relation to the right to lead a dignified life. The
Commission also notes that the European Court has examined cases of persons with HIV/AIDS in light of the
right to life, including in circumstances when the person has not died.113
124.
Consequently, the Commission finds that the total lack of State-provided medical care to the
49 victims (see supra paragraph 61) by virtue of their condition of persons living with HIV/AIDS and also
their situation of poverty, had a serious impact on their health situation. Accordingly, the IACHR concludes
that the State is responsible for the violation of the rights to life and personal integrity, as established in
Articles 4.1 and 5.1 of the American Convention, in connection with Article 1.1 of this same instrument.
1.3.2
Situation of the eight persons who died from 2011 to 2011
125.
Additionally, the petitioners alleged that the eight victims, Alberto Quiché Cuxeva, Reina
López Mujica, Ismar Ramírez Chajón, Rita Bubón Orozco, Facundo Gómez Reyes, José Rubén Delgado, Luis
Edwin Cruz Gramau, and María Vail, died from opportunistic illnesses as a consequence of the lack of
comprehensive care for the HIV/AIDS afflicting them. These illnesses included tuberculosis, pneumonia,
fungal and other infections. The Commission notes that the only argument put forward by the State was that
no major link exists between the deaths of the eight persons and the alleged lack of comprehensive treatment.
126.
As for this lack of a connection argued by the State, the Commission notes that the Joint
United Nations Program on HIV/AIDS – UNAIDS has established that persons living with advanced HIV
infection may contract opportunistic infections in the lungs, brain, eyes and other organs.114 These common
opportunistic diseases in persons diagnosed with AIDS include precisely several diseases described by the
petitioners as having taken the lives of these eight persons. The diseases mentioned in the above cited Joint
Program include pneumocystis pneumonia; cryptosporidiosis; histoplasmosis; bacterial infections; other
parasitic, viral and mycotic infections; and some types of cancer.115 It is also noted that tuberculosis is the
main opportunistic infection associated with HIV in low and medium income countries, as well as the main
cause of death worldwide among persons living with HIV.116
113
ECHR, Oyal vs. Turkey. Application No. 4864/05. Judgment of June 23, 2010, par. 55.
UNAIDS,
UNAIDS
Terminology
Guidelines,
October
2011.
Available
at:
http://www.unaids.org/en/media/unaids/contentassets/documents/unaidspublication/2011/JC2118_terminology-guidelines_es.pdf
114
115
UNAIDS,
UNAIDS
Terminology
Guidelines,
October
2011.
Available
at:
http://www.unaids.org/en/media/unaids/contentassets/documents/unaidspublication/2011/JC2118_terminology-guidelines_es.pdf
116 UNAIDS noted that tuberculosis accounted for 320,000 HIV/AIDS-related deaths in 2012, and most of the countries (more
than 80%) are still not providing TB prevention drug therapy to those that need it. Available at:
http://www.unaids.org/es/resources/presscentre/featurestories/2014/july/20140720tb/. Additionally, see: UNAIDS, UNAIDS
Terminology
Guidelines,
October
2011.
Available
at:
http://www.unaids.org/en/media/unaids/contentassets/documents/unaidspublication/2011/JC2118_terminology-guidelines_es.pdf
32