enhance the effectiveness of HIV treatment, sustain healthy levels of physical activity and
support an optimal quality of life.130
113. The Court has also reiterated that HIV prevention technologies include condoms,
lubricants, sterile injection material, antiretroviral drugs (for example, to prevent vertical
transmission or as post-exposure prophylaxis) and, once HIV is diagnosed, safe and
effective vaccines and microbicides. Universal access, based on human rights principles,
requires that all these goods, services and information are not only available, acceptable
and of good quality, but also that they are within physical reach and accessible to all. 131
Similarly, the Court considers that access to medical treatment should take into account the
technical advances in medical science.
114. Accordingly, the right to health of people living with HIV includes access to good
quality goods, services and information for the prevention, treatment, care and support of
the infection, including antiretroviral therapy and other drugs, diagnostic tests and related
safe and effective technologies for the preventive, curative and palliative care of HIV,
related opportunistic infections and diseases, as well as social and psychological support,
family and community care, and access to prevention technologies.
115. Consequently, the first duty that results from the obligation to ensure the right to
health is the duty to regulate protection of the right to health for people living with HIV. In
this regard, the Court notes that the Guatemalan Constitution recognizes that the
enjoyment of health is a fundamental human right, and that the State has the obligation to
ensure health and social assistance for all its inhabitants (supra para. 41). In addition, the
Court notes that the Health Code establishes the obligation of the State, through the
Ministry of Public Health, to take steps to ensure the provision of free health services to
Guatemalans, and establishes that the State must allocate the resources needed for the
public funding of health services (supra para. 43). Regarding the treatment of sexually
transmitted diseases and AIDS, the Court notes that the Health Code establishes that the
Ministry of Health will support the development of specific STD and HIV/AIDS education,
detection, prevention and control programs (supra para. 43).
116. In particular, the Court notes that the General Law to combat HIV/AIDS (supra para.
45) recognizes HIV as an urgent national social problem. The law establishes that “[a]ny
person diagnosed with HIV/AIDS shall receive immediate comprehensive care”; that the
Ministry of Public Health must provide health care services to people living with HIV, and
that such services must respond to their physical, psychological and social needs.
Furthermore, this law establishes that the Ministry of Economy and Finance will implement a
program that provides access to good quality antiretroviral drugs, at an accessible cost, to
people living with HIV. Likewise, the Court notes that the Regulations to the General Law to
combat HIV/AIDS (supra para. 46) establish that the Ministry of Health must ensure that it
has the basic equipment and inputs required to provide good quality comprehensive care,
and this requires the Ministry to provide good quality care in its health centers, including
access to antiretroviral drugs for the treatment of HIV/AIDS in accordance with national
protocols (supra para. 46).
Cf. Joint United Nations Program on HIV and AIDS (UNAIDS). HIV care and support taking into account
the 2016 WHO consolidated guidelines, p. 26.
130
Cf. Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of September 1, 2015. Series C No. 298, para. 195, and Case of Duque v. Colombia. Preliminary
objections, merits, reparations and costs. Judgment of February 26, 2016. Series C No. 310, para. 176.
131
41