their need for such a treatment. Another two receive prophylactic
treatment through Project Life (“Proyecto Vida”), while the remaining
two see the doctor just once a month. Additionally, two of the presumed
victims receive antiretroviral treatment on an irregular basis from the
Guatemalan Institute of Social Security, and only one has undergone
treatment at a State clinic. To date, three of the presumed victims have
died: Facundo Gómez Reyes, petitioner before the IACHR and appellant
before the Constitutional Court; Ismar Ramírez Chajón, petitioner before
the IACHR; and Reina López Mújica, petitioner before the IACHR. 3
The Law
13. The petitioners allege that despite such data, the Government of
Guatemala makes no provision for comprehensive treatment, fails to
carry out required laboratory tests, and does not supply medication to
persons diagnosed with HIV. It is further alleged that only 27 persons
benefit from antiretroviral pharmaceuticals dispensed by the Ministry of
Health 4, allegedly because there are insufficient funds to broaden
coverage of that drug. The petitioners argue that this state of affairs
contradicts the substance of Guatemala’s General Law on HIV/AIDS:
Article 35. On the care of persons. Any person diagnosed as
infected
by
HIV/AIDS
shall
receive
immediate
comprehensive care in conditions of equal opportunity with
other persons, to which end that person’s will, dignity,
individuality and confidentiality shall be respected. Health
workers may not deny care to any person living with
HIV/AIDS, and shall take the recommended bio-security
measures in providing it.5
14. In the opinion of the petitioners, the failure of the State to comply
with the cited legal provision is proof that it violated the right to life and
physical integrity enshrined in the American Convention when it failed to
3 Facundo Gómez died on February 26, 2003; Reina López Mújica died on November
6, 2003; Ismar Ramírez died on December 4, 2003.
4 “The Ministry of Public Health and Social Welfare (Ministerio de Salud Publica y
Asistencia Social) of Guatemala apparently provides medication only to 27 persons
who live with the illness.” “The Guatemalan Institute of Social Security extends care to
1200 persons diagnosed with HIV/AIDS, but chronic interruptions in the flow of
supplies are causing serious problems of resistance to the medication exacerbated by
the lack of medical tests to ensure adequate follow-up.” Communication provided by
the petitioners on August 26, 2003.
5 Decree 27-2000, The General Law on the Fight Against the Human
Immunodeficiency Virus and the Acquired Immunodeficiency Syndrome and the
Promotion, Protection, and Defense of Human Rights of Persons with HIV/AIDS,
Guatemala City, July, 2000.
5
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