“Judicial Protection of Economic, Social and Cultural Rights: Case-note on the case of Minister of Health and others v Treatment Action Campaign and others (No 2) 2002 (5) SA 721 (CC)

Magaisa, Alex (2003) “Judicial Protection of Economic, Social and Cultural Rights: Case-note on the case of Minister of Health and others v Treatment Action Campaign and others (No 2) 2002 (5) SA 721 (CC). Journal of African Law, 47 (1). pp. 117-125. ISSN 0021-8553. (The full text of this publication is not available from this repository)

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Abstract

Clearly, one of the greatest challenges that faces sub–Saharan Africa is the AIDS pandemic. The Human Immuno–Deficiency Virus (HIV), which causes AIDS, continues to spread at an alarming rate. In South Africa the statistics relating to the AIDS disease are staggering. With the greatest impact on the young and economically active population, it is estimated that without firm action, it will be an epidemic of catastrophic proportions, which will break up the foundations of socio–economic life. Against this background, the need for combative measures and strategies to deal with the problem is not in doubt. Civil society groups have taken an active interest in this issue and some, like Treatment Action Campaign (TAC), have conducted campaigns for access to quality health services. Recently, the Constitutional Court of South Africa was faced with an important case involving AIDS, pitting civil society groups on one side and the government of South Africa on the other. At the centre of the dispute was the South African government's response and policy towards combating the spread of the disease through mother–to–child transmission at birth.

Item Type: Article
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: A. Davies
Date Deposited: 19 Dec 2007 19:16
Last Modified: 14 Jan 2010 14:04
Resource URI: http://kar.kent.ac.uk/id/eprint/1853 (The current URI for this page, for reference purposes)
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