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By Peris S. Jones (auth.)

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Extra resources for AIDS Treatment and Human Rights in Context

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Chapter 1 provides an overview of the struggle for treatment in South Africa, whose defining characteristic has been one of heavy contestation. Not least, key figures in government—including the president and minister of health—have sought to interpret and locate the AIDS epidemic in the context of an Africanist nation-building project premised upon a broader vision of African Renaissance. Denialist explanations of the epidemic have been apparent and conventional scientific knowledge—particularly concerning the progression from HIV to AIDS—has been refuted.

Again, as BONASO put it: “With ‘3 X 5’ we all got carried away with treatment, with building laboratories, and so on, and we forgot about prevention. ”19 This comment neatly sums up some of the tensions involved in implementing the right to treatment. On the one hand, there is a drive toward building infrastructure and getting patients to drugs and drugs to patients. But this should not be at the sake of impinging on other related rights and needs of the client in the context of access to health care and accountability over decision making, on the other hand.

The court therefore found the policy to be unreasonable as it “excludes those who could be reasonably included” and called for the immediate lifting on restrictions so that whilst not everyone could immediately claim the right, progressive realization (such as planning) was the guiding principle with the goal The Struggle to Access Treatment and Other Services in South Africa O 35 of access to all. Government policy and, by implication, the judgment of key figures within it had been openly questioned in public and ordered by the court to be changed.

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