García Meza Azanca Alhelí vs. Peru's Health Ministry, Peru, 2003

Case Description

The Constitutional Court ordered the inclusion of the appellant in the group of patients who will receive comprehensive medical treatment against HIV/AIDS by the Ministry of Health, which includes the provision of medicines and relevant analysis, as required by the treating physicians and hospital. The State of Peru is encouraged to view the costs of the provision of medical treatment not as expenditure but as a priority investment. The hospital is obliged to report back to the court every six months. Given that there is a link between patent protection and higher prices for pharmaceuticals, and that the protection of intellectual property is important for the development of new medicines, the Court recommends the use of flexibilities contained in the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which will permit compliance with the national public health objectives.

The Constitution of Peru grants the protection of the right to health, the right to life and access to medical treatment for HIV/AIDS. It is mandatory for the Peruvian State to respect and promote these fundamental rights.

Decision Year