Abstract
With one of the highest incidence rates in the world, the HIV/AIDS epidemic has taken a large toll on South Africa. Despite medical advances that have made the disease more manageable, many South Africans still do not have access to the medicines needed to control the disease. At the same time, the Constitution of South Africa grants individuals far-reaching socioeconomic rights, including the right to access health care. This Comment explores the intersection of the socioeconomic rights and the HIV/AIDS crisis. Although the Constitutional Court has developed a deferential approach to enforcing socioeconomic rights, substantial room remains to litigate on behalf of those afected by HIV/AIDS. Building off the judgment in the Treatment Action Campaign case, this Comment argues that further litigation should be used to hold the government to the standards of the Constitution and to mitigate the impact of the epidemic.
Recommended Citation
Nathaniel Bruhn,
Litigating against an Epidemic: HIV/AIDS and the Promise of Socioeconomic Rights in South Africa,
17
Mich. J. Race & L.
181
(2011).
Available at:
https://repository.law.umich.edu/mjrl/vol17/iss1/4
Included in
Comparative and Foreign Law Commons, Constitutional Law Commons, Health Law and Policy Commons, Law and Race Commons, Litigation Commons