Advancing Gender Equity in Access to HIV Treatment through the Protocol on the Rights of Women in Africa

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.