Petition alleging failure to supply HIV drugs. Violation of right to equality, judicial protection and social rights. Request for precautionary measures to guarantee immediate supply. Competence of the IACHR to hear cases of violations of right to health as included in Article 26 of American Convention on Human Rights.
The precautionary measures initially requested in the case benefited only the persons mentioned in the case, including 27 persons. The State of San Salvador has now adopted a medical services policy for persons living with HIV/AIDS. However, in late 2005 there were reports that some persons (approximately 3,000 were mentioned in the reports) had not had access to the CD4 test that helps to check the effectiveness of the treatment. (Source: Centro por la Justicia y el Derecho Internacional, CEJIL)
In a most valuable interpretation, the IACHR understood that the right to health is protected by the American Convention in its Article 26 and, consequently, it is empowered to hear individual cases of violations. The same criterion could be applied to the other social rights referred to in Article 26. It is worth noting that Article 26 does not explicitly acknowledge social rights, but refers to education, science and culture standards in the Organization of American States’ Charter. In a similar case against Guatemala, the IACHR issued an admissibility report in which it reversed its decision and did not argue that the right to health is protected by Article 26 of the American Convention.
Petitioners: Jorge Odir Miranda Cortéz, represented by Fundación de Estudios para la Aplicación del Derechos(FESPAD)
and
Centro por la Justicia y el Derecho Internacional(CEJIL).