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.
"The Duty of Treatment: Human Rights and the HIV/AIDS Pandemic,"
Yale Human Rights and Development Journal:
1, Article 1.
Available at: http://digitalcommons.law.yale.edu/yhrdlj/vol12/iss1/1