Amparo action to protect right to health. State obligation to provide free medical assistance and testing to HIV/AIDS patients. Acknowledgment of absolute nature of right to life. Realization of right to equal protection through equal supply of drugs to treat disease.
Although the case was rejected by the last domestic instance, the remarks made by the Court of Appeals in its decision are very valuable. Of particular importance are the Court’s arguments referring to the State’s impossibility to allege budgetary issues to fail to comply with human rights obligations such as the right to life. This is in line with the interpretations made by the Committee of Economic, Social and Cultural Rights in its General Comment No. 14. Thus, the Judiciary gets involved in the review of public policy design and execution to guarantee rights to health and to life of people living with HIV.
Clínica de Acciones de Interés Público de la Universidad Diego Portales
and
Vivo Positivo
Defendants: Servicio de Salud Metropolitano Oriente and Ministerio de Salud.