The Inter-American Court of Human rights has found Guatemala in breach of the ‘right to health, life, and personal integrity’ of people living with HIV.
The case concerned 34 individuals living with HIV in Guatemala, and a further 15 individuals who passed away due to opportunistic infections and lack of timely and efficient care. The plaintiffs in the case were diagnosed with HIV between 1992 and 2004, however the State did not provide them with healthcare until 2004. Thereafter, it was alleged that the treatment implemented did not meet the minimum standards to be considered comprehensive and adequate.
The Court examined the right to health under Article 26 of the American Convention on Human Rights which commits to progressive realisation of economic, social and cultural rights. It concluded that it refers to the right of every person to enjoy of the highest level of physical, mental and social care which is timely and appropriate in accordance with the principles of availability, accessibility, acceptability and quality. According to the Court, this right must pay particular attention to vulnerable and marginalised groups.
The Court determined that Guatemala had failed in its duty to provide a sufficient level of healthcare to individuals with HIV given inadequate access to antiretrovirals, lack of regular testing of viral loads, lack of social supports and impossibility of access to health centres for some victims. The Court also found that the Guatemalan State had discriminated against two women based on their gender for failing to provide them with an acceptable level of healthcare.
Further, the Court was of the view that the State had violated the ‘progressivity principle’ within Article 26 in which the obligation of progressive realisation of rights prohibits inactivity in implementing effective protection of these rights, especially where people face imminent threat to their life or personal integrity.
The Court finally addressed the right to life (Article 4.1) and right to personal integrity (Article 5.1) in holding that the omissions of the State caused the death of 12 victims and led to physical and psychological suffering for each of the plaintiffs.
The Court ordered that Guatemala provide free medical treatment to the individuals and their families, implement improvements in healthcare for people living with HIV, that a campaign is launched to raise awareness of HIV and that the State also grant damages to the individuals.
Click here for the decision (in Spanish).