Basic information			Substance of the ruling			Accessibility of the case and further relevant links
Date	Name of the case (or case number)	The body delivering the decision	Keywords, topic	Executive part	Brief summary	Full text	Page at the website of the issuing court	Page in other databases	Unofficial materials, press communications
May 26. 2022.	n°4699-2021	Constitutional Court of Guatemala	Right to water supply; right to life; right to human dignity	The Constitutional Court of Guatemala held, that the municipal water company of Guatemala City did not violated any fundamental right during the Covid-19 pandemic; nevertheless, the company should adapt its policies to the extra-ordinary needs of the public health emergency, when isolated people have less opportunities to purchase any water from external sources.	The claimant, the human rights ombudsman alleged, that the Municipal Water Company in Guatemala City failed to comply with its constitutional duties to provide adequate and continuous water supply in Guatemala City, and these omissions were aggravated by the circumstances of the public health emergency. The Constitutional Court noted, that the level of water supply depends also from conditions outside the scope of human decisions, such as the humidity of the weather, therefore, it is not proven, that the Water Company failed to implement any measure required to secure continuous water service in Guatemala City. However, Guatemala City Water Company has the constitutional duty during this period to adapt its planning and policies to the extra-ordinary needs of the public health emergency, for instance to provide water pipes immediately, when lack of sufficient available water is experienced.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/news/2022/07/guatemala-water-company-did-not-infringe-right-health-according-constitutional-court
May 18. 2022.	Exp. 5128-2021	Constitutional Court of Guatemala	Right to good administration; children's rights	The Constitutional Court of Guatemala held, that children were included properly in the vaccination plan of the country, the level of their prioritization was sufficient.	The human rights ombudsman of Guatemala contested the measure of the public health minister and the president of the republic to implement the vaccination plan of the country, in his view, children between 12-17 years were not included in the vaccination plan which infringed the right to life and well-being of this agegroup. The Constitutional Court argued, that the vaccination campaign was widespread around the country, and doses were also available for children, so the rights of these adolescents have been not infringed.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-exp-5128-2021-2022-05-18
January 26. 2022.	Exp. 2717-2021.	Constitutional Court of Guatemala	Prisoner's rights; right to water service	The Constitutional Court held, that the lack of water service in a penitentiary center during the Covid-19 pandemic meant a violation of the rights of prisoners.	In Guatemala City, water service was not provided for two months during the public health emergency in one of the penitentiary centers. The claimant argued, that this situation amounted to a violation of right to water supply, as well as right to life and right to health. The Constitutional Court found the claim reasonable and concluded, that the lack of continuous water service had a significant detrimental effect on the life and health of prisoners, therefore, this was an unconstitutional interference into the contested rights of the prisoners.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-exp-2717-2021-2022-01-26
October 12. 2021.	No. 2481-2020	Constitutional Court of Guatemala	Right to life	The Constitutional Court considered, that the Ministry for Public Health made adequate measures to provide protective equipments for public health workers during the emergency period.	A group of Congress members in Guatemala submitted a petition against the Ministry for Public Health on the ground, that the Authority failed to provide proper protective equipments for public health workers against the Covid-19 pandemic. The courts rejected the claim, and this was also upheld by the Constitutional Court, since the amparo request lacked merits. The Constitutional Court argued, that the Ministry has already taken the necessary measures, and its constitutional duties have been dully complied.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-no-2481-2020-2021-10-12
September 14. 2021.	Exp. 516-2021	Constitutional Court of Guatemala	Right to access to justice	The Constitutional Court held, that virtual hearing may have equal value as in person trials even in criminal proceedings in case of public health emergency.	A criminal proceeding was conducted against the plaintiff, who challenged the schedule of his next trial. Instead of August 2021. due to the Covid-19 pandemic, his trial was rescheduled to end of September 2021. The plaintiff argued, that his right to life, health and access to justice was violated; in his view, the epidemy would be more controllable in August rather than in September, so the risk factor would be significantly lower. The Constitutional Court rejected the claim, because virtual hearing has the same value as a safeguard as in person trials, therefore the hearing could be organised without any risk also at the end of September, regardless of the public health circumstances.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-expediente-516-2021-2021-09-14
August 5. 2021.	No. 996-2021.	Constitutional Court of Guatemala	Freedom of movement; right to perform a public task	The Constitutional Court overturned the order of a mayor, who denied access of municipal council members to the city hall and to all of its facilities on a public health ground.	The mayor of a city ordered the police of the municipality to denied the access of all members of the municipal council to the city hall and to all of its facilities on public health grounds. Several members of the municipal council contested this decision, they alleged the violation of their freedom of movement, political rights and right to perform a public task. The Constitutional Court agreed with the petitioners and called the mayor for granting proper access to the city hall and its facilities to all members of the municipal council regardless of the public health circumstances.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-no-996-2021-y-998-2021-2021-08-05
August 4. 2021.	Decision Exp. 1908-2020.	Constitutional Court of Guatemala	Right to equality; right to food	The Constitutional Court held, that the government took the required measures and allocated sufficient resources for the support of smaller farmers in the countryside of Guatemala during the public health emergency.	The interest group of smaller farmers submitted an amparo action against the president of the republic, alleging that the lack of available state funds during the public health emergency violated the right to equality of smaller agricultural stakeholders, and also the right to food of the whole population. The Constitutional Court accepted the proofs presented by the government to demonstrate, that the necessary measures have been already taken, and the required resources have been also available for smaller farmers. Therefore, the amparo action was rejected.	https://www.covid19litigation.org/sites/default/files/node-case/2021-11/guatemalaconstitutional-court-4-august-2021.pdf		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-decision-exp-1908-2020-2021-08-04
July 7. 2021.	Expediente 4558-2020.	Constitutional Court of Guatemala	Right to life; right to social security	According to the Constitutional Court, it was an unjustifiable interference from a local council to call for eviction of all persons infected with Covid-19 from a farm where they were treated, unless that place would optain an official licence to provide healtcare services for these patients.	As part of the public health emergency regime in Guatemala, persons diagnosed with Covid-19 could be quarantined at home, in public hospitals, or in other venues which were designated for this purpose by the government or by other public servants authorized by the competent public health authorities. The Guatemalan Social Security Institute (GSSI) leased a farm for this purpose, and provided medical services for several quarantined patients there, however, the local council ordered the owner to evict all patients from that particular farm, unless it would optain an official licence to serve as a venue of quarantine. The GSSI submitted an amparo action for protection, which was upheld by the ordinary courts. The local council appealed to the Constitutional Court, whic confirmed the assessment of the ordinary court. As a result, the owner of the farm was obliged to apply for the licence, however, the eviction order of the local council was annulled, so the patients should not be removed until the receipt of the permission.	http://138.94.255.164/Sentencias/847550.4558-2020.pdf	http://138.94.255.164/Sentencias/847550.4558-2020.pdf	https://www.covid19litigation.org/case-index/guatemala-constitutional-court-expediente-4558-2020-2021-07-07
February 24. 2021.	Exp. 2937-2020.	Constitutional Court of Guatemala	Right to petition; access to justice	The Constitutional Court ruled, that oral rejection of a petition submitted to the judiciary means a violation of right to petition and an infringement of right to access to justice, even amongst the circumstances of the global pandemic.	A notary requested the correction of a ruling issued by a court in Guatemala, however, the court denied his request through the oral communication of an assistant employed by the court. According to the oral reasoning, during the public health emergency, court should not accept petitions unless constitutional matters or urgent situations are concerned. The notary requested protection from the higher court, which rejected his submission. Then, he appealed to the Constitutional Court, which accepted his argumentation, and found, that the verbal rejection of a claim without sufficiently convincing reasoning to conduct such a proceeding constitutes an unjustifiable interference into the right to petition and access to justice of the claimant. Therefore, the first instance court was rendered to deal with the matter.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-constitutional-court-exp-2937-2020-february-24-2021-2021
February 24. 2021.	No. 1731/2020.	Constitutional Court of Guatemala	Right to life; right to access to justice	The Constitutional Court rejected the complaint of three detained persons challenging the prison conditions during the Covid-19 pandemic, but called for the competent authorities to guarantee the right to life and health of the persons deprived of their liberty during the public health emergency.	Three detained persons submitted an amparo action against the Supreme Court of Guatemala alleging the infringement of their right to life and access to justice. The claimants argued, that the overcrowded and unsanitary prison conditions threatened their health especially during the Covid-19 pandemic, and an alternative of pre-trial detention has not been provided to secure their attendance in the judicial proceeding. Moreover, their appeal against the prison conditions has not been considered by the Supreme Court, therefore, they also stated the violation of their right to access to justice. The Constitutional Court rejected the claim, but called for the competent authorities to take all the necessary measures to dully protect the fundamental rights of the persons deprived of their liberty during the public health emergency.	https://gt.vlex.com/vid/sentencia-corte-constitucionalidad-expediente-866700797		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-constitutional-court-exp-2937-2020-february-24-2021-2021
January 28. 2021.	Expediente 2758-2020.	Constitutional Court of Guatemala	Right to life	The Constitutional Court confirmed the duty of the Public Health Ministry to provide all necessary administrative, financial and technical steps to supply public health workers with all necessary protective and other equipments during the public health emergency.	The Supreme Court of Guatemala ordered the Public Health Ministry to comply with all of its duties to support public health workers during the Covid-19 pandemic. The Ministry appealed against this decision, and this was rejected by the Constitutional Court. The Constitutional Court confirmed the duty of the Public Health Ministry to provide all necessary equipments for public health workers during this period, and for this purpose, all the required administrative, financial and technical steps should be made within 30 days upon the publication of the Constitutional Court ruling to protect the right to life of these persons.	http://138.94.255.164/Sentencias/846803.2758-2020.pdf		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-expediente-2758-2020-2021-01-28
January 21. 2021.	No. 2758-2020.	Constitutional Court of Guatemala	Right to life	The Constitutional Court confirmed the duty of the Government to provide medical supplies for public health workers during the Covid-19 pandemic.	The General Attorney for Human Rights in Guatemala submitted a petition against the Public Health Ministry to the Constitutional Court to protect human rights. According to the claim, the Public Health Ministry failed to provide sufficient medical supplies for public health workers during the Covid-19 pandemic. The Constitutional Court accepted the motion and obliged the Government to elaborate a plan to supply public health workers with medical supplies within 30 days upon the publication of the ruling. The measures taken should be presented to the Constitutional Court, which will assess their efficiency.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-no-2758-2020-2021-01-21
November 24. 2020.	Exp. 2706-2020.	Constitutional Court of Guatemala	Right to life; right to water	The Constitutional Court held, that the Guatemala City Water Company complied with its constitutional duties during the public health emergency to maintain the continuous potable water service in Guatemala city.	The Human Rights Ombudsman of Guatemala initiated an amparo action against the Municipal Water Company of Guatemala City by alleging that the Company failed to take adequate measures during the public health emergency to maintain the continuous potable water service in Guatemala City. The ordinary court considered, that the claimant did not provide sufficient evidence to prove the thread of fundamental right restrictions, however, due to the importance of water service, the Water Company was ordered to initiate further steps to secure the feasible water supply in Guatemala City. The Water Company appealed to the Constitutional Court, which ruled, that the claimant did not show a sufficient evidence of real risk that the water service would cut off, while the suspension of the service for payment delays should not be attributable to the Covid-19 pandemic. By contrast, the Water Company demonstrated convincingly, that effective policies have been elaborated to safeguard water supply in Guatemala City during the emergency period, therefore, the claim was rejected.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-constitutional-court-exp-2706-2020-november-24-2020-2020
November 10. 2020.	Exp. 1707-2020	Constitutional Court of Guatemala	Right to assembly; right to information; freedom of expression	According to the Constitutional Court, journalists and their work teams must have direct access to the parliamentary building to report from the sessions of the Congress.	The Human Rights Ombudsman initiated an injunction against the Congress of Guatemala, which denied access to the parliamentary building from journalists and their work teams due to the epidemiological situation. The Constitutional Court clearly established, that the threat denounced as aggravating was certain, determined, and imminent. The contested measure amounted to an unjustifiable interference into the right to assembly, freedom of expression freedom of the press and right to information. Journalists and their technical staff should have access to the parliamentary sessions even during the public health emergency to report from these meetings, therefore, Congress shall reconsider its regulation.	https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-exp-1707-2020-2020-11-10
August 4. 2020.	No. 4208-2020.	Constitutional Court of Guatemala	Right to work; freedom of commerce	The Constitutional Court confirmed, that the closure of a local market by the municipality was reasonable and necessary step in the light of the Covid-19 pandemic to protect the life and health of the local residents.		https://consultajur.cc.gob.gt/wcJur/Portal/wfNumExpediente.aspx		https://www.covid19litigation.org/case-index/guatemala-constitutional-court-guatemala-no-4208-2020-2020-08-04