They highlight the fact that a high percentage of the ill are denied their rights allegedly due to lack of financial resources.7 That circumstance, in the judgment of the petitioners, results from the fact that the State spends US$10,000 per year for each of these 27 patients because it buys brand pharmaceuticals at high cost rather than purchasing generic drugs, which would broaden coverage.8 19. Finally, petitioners argue that domestic legislation does not provide resources to ensure the effective implementation of laws which offer them protection, such as the HIV/AIDS Law which establishes that the Ministry of Public Health and Social Welfare shall be responsible for guaranteeing the provision of medical services to carriers of the virus through counseling, support, and up-to-date medical treatment. In that same vein, they add that: the lack of an effective remedy against violations of the rights recognized by the Convention constitutes an infringement of the same by the State Party where that circumstance may prevail. For such a remedy to exist, it must be stressed that constitutional or legislative recognition of it, or its formal admissibility, are not enough: rather, the remedy must really be designed to establish whether a violation of human rights has taken place and to provide the necessary means of remedy.9 20. The petitioners argue that the State’s failure to protect the health of people who are carriers of the AIDS virus represents a step backwards in its commitment to ensure progressive development. To wit, petitioners point to the lack of any governmental policy with regard to HIV/AIDS and the dearth of positive advances to correct the situation; they note that by subscribing to various international conventions, the State has assumed a contractual obligation to respect and protect the right to health of its citizens. 21. In their response to observations submitted by the State, the petitioners affirmed that of the 39 persons afflicted by the disease who were covered by the precautionary measures, three--Reina López Mújica, Facundo Gómez Reyes and Petrona López González—had died; 7 Doctor Mario Bolaños, Minister of Public Health, affirms that the Ministry could only extend coverage to 27 persons living with HIV/AIDS due to the lack of financial resources. Communication provided by the petitioners on August 26, 2003. 8 In Brazil and Cuba, generic antiretroviral drugs are manufactured at a cost of $340 per patient per year. Communication provided by the petitioners on August 26 2003. 9 I/A Court H.R., Ivcher Bronstein case, February 6, 2001 Resolution, para. 135. 7