Journal Citation:
6 AFRICAN HUMAN RIGHTS LAW JOURNAL, 188-207 (2006)
This article discusses equality in access
to HIV/AIDS treatment in Africa.
Specifically, the author examines the
unmet need of women for anti-retroviral
drugs in Africa. First, the libertarian
and egalitarian views on equity in
provision of health care are compared. The
author then explores international and
regional instruments that protect the
right to health and find denial of access
to treatment as a violation of the right
to health. The author examines three
factors that limit women's access to HIV
treatment: discrimination, poverty, and
inadequate funding of health services. The
author argues that, in accordance with the
Protocol to the African Charter on Human
and Peoples Rights of Women in Africa,
states are required to adopt affirmative
action policies in order to improve access
to HIV treatment for women in Africa.