Amparo action seeking drugs needed to treat HIV/AIDS. Judicial order to provide full treatment. Social rights as a citizen’s guarantees before the State. Principle of progressive realization. State obligation to adopt concrete and permanent actions to implement public policies.
On October 5, 2004, the Constitutional Court issued its decision in the case José Luis Correa Condori (File Nr. 2016-2004-AA/TC), ratifying the criterion established in the Azanca Alhelí Meza García case. The Court considered that, although thorough resolutions had been issued aimed at establishing a health care system to provide antiretroviral treatment to HIV-positive adults, in the claimant’s case there had been no proof that the Ministry of Health or its agencies had taken any concrete measures.
This case is a key precedent for the enforceability of social rights in Peru, because the Court ordered the realization of the right to health regardless of financial resources initially assigned to the sector. Furthermore, while acknowledging the progressive character of the State’s obligation, the Court also noted that there are immediate obligations.
Petitioner: Azanca Alhelí Meza García.