the infection has been diagnosed, because discontinuance of treatment could cause viral
rebound with the aggravating factor that the new viral strains would be resistant to the
drugs a patient was taking.120 Consequently, antiretroviral treatment must be permanent
and constant based on the situation of the patients’ health and their medical and clinical
requirements.
111. Second, the Court recalls that the State obligation to ensure the right to health of
people living with HIV requires diagnostic tests to treat the infection, and also the diagnosis
and treatment of any related opportunistic infections and conditions that may occur.121
Performing laboratory tests that quantify the TCD4+ and TCD8+ lymphocytes in peripheral
blood, and also the amount of HIV in plasma is essential for appropriate antiretroviral
treatment.122 Accordingly, blood tests measuring CD4 counts and HIV viral load should be
performed every six months or every year for patients living with HIV,123 and genotype
testing is necessary when a patient is being treated with drugs in order to control possible
resistance to antiretroviral drugs.124 In addition, treatment should extend to the related
opportunistic infections and conditions125 that may appear when a patient’s defenses are
very low.126
112. Third, the Court reiterates that care for people living with HIV includes a healthy diet
and social and psychological support, as well as family, community and home-based care.127
Indeed, the care and support for people living with HIV extends beyond medicines and
formal health-care systems, and requires the different needs of people living with HIV to be
taken into account.128 In particular, social support that includes actions such as food
provision, emotional support, and psychosocial counselling can improve adherence to
antiretroviral therapy and the quality of life of people living with HIV.129 In addition,
nutrition support helps the maintain the immune system, manage HIV-related infections,
Cf. Expert opinion provided by Ricardo Boza Cordero at the public hearing held before the Court and
written report on this opinion (merits file, folio 1467).
120
Cf. Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Joint United
Nations Program on HIV and AIDS (UNAIDS), International Guidelines on HIV/AIDS and Human Rights.
Consolidated version, 2006, sixth guideline, para. 24.
121
Cf. Expert opinion provided by Ricardo Boza Cordero at the public hearing held before the Court and
written report on this opinion (merits file, folio 1468).
122
Cf. Expert opinion provided by Ricardo Boza Cordero at the public hearing held before the Court and
written report on this opinion (merits file, folio 1473).
123
Cf. Expert opinion provided by Ricardo Boza Cordero at the public hearing held before the Court and
written report on this opinion (merits file, folio 1473).
124
Cf. Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Joint United
Nations Program on HIV and AIDS (UNAIDS), International Guidelines on HIV/AIDS and Human Rights.
Consolidated version, 2006, sixth guideline, para. 24.
125
Cf. Expert opinion provided by Ricardo Boza Cordero at the public hearing held before the Court and
written report on this opinion (merits file, folio 1460).
126
Cf. Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Joint United
Nations Program on HIV and AIDS (UNAIDS), International Guidelines on HIV/AIDS and Human Rights.
Consolidated version, 2006, sixth guideline, para. 26.
127
Cf. Joint United Nations Program on HIV and AIDS (UNAIDS). HIV care and support taking into account
the 2016 WHO consolidated guidelines, p. 12.
128
Cf. Joint United Nations Program on HIV and AIDS (UNAIDS). HIV care and support taking into account
the 2016 WHO consolidated guidelines, p. 22.
129
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