access to treatment as a human right: using the court system to access HIV treatment. cases study from latinamerica.
Int Conf AIDS 2002 Jul 7-12; 14:(abstract no. G12517)
Carrasco E, Panebianco S, Zuniga A, Miranda O LACCASO, Caracas, Venezuela
issues: The AIDS epidemic has created a new method of litigation in national courts regarding economic and social human rights. In almost every country in Latin America, governments have been taken to court by PWAs claiming their right to have access to HIV treatment. And in almost every occasion the courts have granted the plaintiffs claim and have ordered the governments to provide ARV therapy free of charge. LESSONS LEARNT: This research shows that NGOs are involved in a variety of activities to improve access to HIV treatment for PWAs. Some of these actions have been successful in providing treatment; others have drawn attention to the bigger picture of lack of equity in access to treatment or discrimination against PWAs. In most countries, all support guaranteed by the legislation in relation to access to HIV/AIDS treatment, is relative since the system is complex and bureaucratic, and even though some patients receive treatment free of charge, it is not easily obtained or guaranteed on a continuous basis. It is clear after the analysis in this research, that the legal bases for protection of the right to health and its exercise and enjoyment thereof is there.
RECOMMENDATIONS: NGOs and advocates cannot replace governments in terms to ensuring access to drugs. Governments should be able to ensure equitable and regular provision of HIV-related treatment. This is their obligation under the right to health. But access to treatment is not only a 'legal' problem. Access to treatment is not an issue of resources alone either. It is necessary to identify strategies to gain access to treatment, which should include, among others, identify barriers to access to treatment, discuss how to address those barriers, and understand that access to treatment is a human right issue.
Keywords: AEGIS, Human Rights, HIV Infections, Acquired Immunodeficiency Syndrome, HIV Seropositivity, Judicial Role, Government Agencies, Federal Government, Latin America, Human, therapy, utilization
