B.1. Measures of rehabilitation
B.1.1. Arguments of the Commission and the parties
204. The Commission asked that the State make full reparation to the surviving victims,
and to the next of kin and loved ones of all the victims, by immediately adopting the
necessary measures to ensure that they received comprehensive medical treatment, in
keeping with international standards, including, among other requirements: (i) conducting
complete diagnoses and periodic follow-up tests; (ii) ensuring the permanent and
uninterrupted provision of the required antiretroviral drugs and any others they may need
arising from their specific health situation; (iii) mental health care for the victims who so
wish, and (iv) the differentiated care required by the women victims in this case, with
special consideration for their reproductive capacity. In this regard, the Commission
reiterated the importance that the State ensure that the victims do not face obstacles to
accessibility or of any other nature, in order to obtain comprehensive treatment as provided
for in this recommendation.
205. The representatives asked the Court to order the State to guarantee
comprehensive and accessible medical care for the surviving victims. Accordingly, they
asked that Guatemala adopt the necessary measures to provide comprehensive medical
care for any medical condition, together with any other action needed to remedy the harm
caused to the victims, which should include the elements of prevention, treatment, care and
support that they require. The representatives asked that the State be ordered to ensure,
immediately, promptly, adequately, effectively, permanently and free of charge, through its
public health facilities, the medical, psychological or psychiatric treatment required by the
surviving victims in this case, which should include the free supply of antiretroviral drugs, as
well as those necessary for the treatment of HIV-related opportunistic diseases and
infections.247 They also asked that the medical care be provided, insofar as possible, in the
center nearest to their place of residence, and that the State assume the expenses of food
and transport so that the victims may attend the Comprehensive Care Units, without this
causing them additional expenses. In this regard, the representatives underlined that, when
it might be necessary to resort to care in private clinics, the State must assume the
necessary expenses. They also asked that the State guarantee good quality nutrition and
psychological, spiritual and social support to all the victims, as well as gender-based family,
community and home-based care.
206. The representatives also considered that the State should provide condoms,
lubricants, sterile injection equipment, antiretroviral drugs and the necessary treatment to
prevent vertical transmission permanently and free of charge. Added to this, they asked
that the comprehensive care be culturally appropriate for the victims in this case; in
particular, for those who speak an indigenous language. Lastly, in this regard, they argued
that, in view of the effets of lipodystrophy on the integrity of the individual, the State should
provide immediately the necessary care to treat this illness for all the victims suffering from
it, including the surgery required, within no more than six months of delivery of the
judgment.
207. Second, the representatives asked the Court to require the State to guarantee
psychological and medical care to the surviving next of kin of the victims who are deceased.
They requested that the State provide adequate care for the physical and psychological
In this regard, they asked that this measure include conducting CD4 counts, and viral load and genotype
testing and any other test required, as well as other technologies related to the treatment of HIV, opportunistic
infections, and other illnesses (merits file, folio 1837).
247
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