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The ruling determines that the state has violated the rights to health, personal integrity, judicial guarantees and judicial protection of the 49 people.
In addition, the right to life of 12 of them died of opportunistic diseases in the absence of adequate treatment, said last Thursday the Inter-American Court based in Costa Rica.
"The Court has verified several omissions in the medical care provided to alleged victims, in particular, the State had failed to provide antiretroviral treatment, carry out diagnostic tests to treat and treat HIV. and opportunistic diseases, and social support, "says the sentence.
The decision states that "these omissions were therapeutic failures which, if they had not occurred, would have reduced the risk of developing opportunistic diseases, resulting in the death of the alleged victims".
"The Court considers as recognized the existence of a causal link in these cases," says the text.
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The sentence concerns 34 people living with HIV and 15 others who have died, of which 12 have been credited for violating their right to life.
The 49 alleged victims of this case, who are poor and from isolated areas, were diagnosed with HIV between 1992 and 2003, and according to the complaint to the Inter-American Court by the Inter-American Commission on Human Rights ( IACHR), years 2006 and 2007, there was a complete lack of medical care on the part of the state.
According to the Commission, in 2006 and 2007, the state had implemented treatment for people living with HIV, but the care was not complete or adequate.
The decision issued Thursday by the court is "proven that before 2004, the victims did not benefit from any kind of medical treatment from the state or that this treatment was deficient to remedy their situation people living with HIV ".
The Court found that the State had failed to provide adequate medical care to two pregnant women living with HIV, which amounted to discrimination on the grounds of sex.
Another point in the judgment indicates that "State inaction prior to 2004 was a violation of the State's obligation to gradually protect the right to health".
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The Court stated that before 2004, the responsibility for providing HIV treatment rested with non-governmental organizations, "despite the existence of national legislation establishing a duty of protection for various authorities".
The sentence orders the Guatemalan State to publicly recognize international responsibility, to provide free medical and psychological assistance to victims and their families and to improve the quality, accessibility and availability of their services. health services for HIV-positive people.
Guatemala should guarantee the provision of antiretrovirals, treat pregnant women living with HIV and offer diagnostic tests to the population.
The state is also obliged to compensate the victims or their families for the material and immaterial damages.
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