Spanish
Lima.- The Judiciary of Peru issued a ruling that obliges the State, through the Ministry of Health (Minsa), to ensure the supply and free delivery of first-line medications for the treatment of HIV throughout the national territory.
The decision responds to a lawsuit filed by groups and civil society organizations, including Givar, Promsex and AIS Peru, who denounced the shortage of antiretrovirals and warned about the serious risk that this situation represents for thousands of people who depend on them to preserve their health and their lives.
Magistrate Sara Meza Soria, from the First Transitional Constitutional Court of the Superior Court of Justice of Lima, ordered that the Ministry of Health (Minsa) strictly comply with the ministerial resolution of 2020 that regulates the comprehensive care of adults with HIV. This implies guaranteeing the continuous and free delivery of drugs such as Tenofovir, Lamivudine and Dolutegravir, considered essential in the treatment.
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After learning of the ruling, Givar, the country's first HIV observatory, celebrated the decision as a “citizen victory”, recalling that “HIV doesn't kill, but shortages do”. Meanwhile, Promsex described the ruling as a “historic precedent” that reinforces the right to equality, non-discrimination, and effective access to health for people living with the disease.
The court also noted that, despite the opposition of the Ministry of Health, only partial compliance with the current regulation was verified, which constitutes a direct violation of the right to life and health. Therefore, it emphasized that the judicial mandate is "clear, unconditional and of immediate compliance", without any legal controversy that could delay its application.
Organizations and activists have called on the Executive and health authorities to act responsibly and urgently to prevent treatments for HIV patients from being interrupted again.
