• Litigating the Human Rights of People living with HIV: Access to HIV-related treatment (+)

    This publication summarizes selected cases in three thematic areas where there has been considerable litigation aimed at protecting and promoting the human rights of people living with HIV, including in the area of access to HIV-related treatment, HIV-related discrimination and HIV prevention and care in prisons. The compilation of cases in this area include: Colombia: State has constitutional obligation to ensure HIV treatment; Costa Rica: Social Security must cover antiretroviral drug costs for people living with HIV; United Kingdom: European Court of Human Rights rules deportation of man with AIDS to country without adequate treatment constitutes inhuman treatment; Venezuela: Constitutional Court orders extensive action by government to fulfil constitutional right to medicines and treatment; El Salvador: Inter-American Commission on Human Rights issues fi rst order that State must provide antiretroviral treatment; South Africa: Intervention by AIDS activist group advances human rights analysis of patents, defends law for affordable medicines; Argentina: Court orders Ministry of Health to take steps to ensure uninterrupted supply of antiretroviral medicines; South Africa: Court orders government to implement plan for antiretroviral drugs to reduce mother-to-child transmission of HIV; South Africa: AIDS activist group uses competition law to challenge pricing by pharmaceutical company, forces settlement leading to voluntary licences on patented antiretrovirals; Thailand: People living with HIV challenge company’s patent on antiretroviral drug; and, Ecuador: Tribunal orders government to ensure supply of antiretrovirals.