Glenda Lopez et. al. v. Venezuelan Institute of Social Welfare

Exped. No. 1343 (2001)

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Glenda Lopez et. al. v. Venezuelan Institute of Social Welfare

Venezuela Supreme Court
Exped. No. 1343 (2001)

Facts

[Ed.’s note: This case is remarkably parallel to the case of Cruz del Valle Bermudez et al. v. Minister of Health and Social Welfare, Exped. No. 15789 (1999), decided by the Venezuela Supreme Court two years earlier. However, this case was decided shortly after the adoption of a new Venezuelan constitution and the creation of a new Supreme Court.] Glenda Lopez and other patients with HIV/AIDS (collectively, the patients) (plaintiffs) filed for a writ of protection against the Venezuelan Institute of Social Welfare (the institute) (defendant) for failure to provide necessary medications and testing for the treatment and management of the disease. The patients alleged that the institute’s failure to provide treatment violated (1) the right to liberty, (2) the right to equality and nondiscrimination, and (3) the right to health and life and access to science and technology.

Rule of Law

Issue

Holding and Reasoning (Cabrera Romero, J.)

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