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Abstract

This Article argues that the treatment of HIV and AIDS is spawning a

juridical, advocacy, and enforcement revolution. The intersection of

AIDS and human rights was once characterized almost exclusively by

anti-discrimination and destigmatization efforts. Today, human rights

advocates are demanding life-saving treatment and convincing courts and

legislatures to make states pay for it. Using a comparative Constitutional

law methodology that places domestic courts at the center of the struggle

for HIV treatment, this Article shows how the provision of AIDS

medications is refraining the right to health and the implementation of

socio-economic rights. First, it locates an emerging right to treatment in

the global case law and authoritative decisions of treaty bodies. Second, it

argues that the right to treatment has transformed rights discourse,

strengthened the conceptual interdependence and indivisibility of all

human rights and refrained the role of the judiciary. Third, it contends

that the justiciable quality of the right to treatment holds the potential to

clarify which rights claims are likely to result in concrete remedies and, by

extension, which cases and causes will elevate the status of social and

economic rights more generally.

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