Human rights and public health: Dichotomies or synergies in developing countries? Examining the case of HIV in South Africa

Journal of Law, Medicine and Ethics

Volumn 30, Issue 4, 2002, Pages 677-691

  London, Leslie ^a,b  

^a Truth and Reconciliation Commn's   (South Africa)

^b UNIVERSITY OF CAPE TOWN   (South Africa)

Author keywords

[No Author keywords available]

Indexed keywords

ANTIRETROVIRUS AGENT; NEVIRAPINE;

ACQUIRED IMMUNE DEFICIENCY SYNDROME; COMMUNITY CARE; CONFERENCE PAPER; COURT; CULTURAL FACTOR; DEVELOPING COUNTRY; DRUG COST; DRUG INDUSTRY; ECONOMIC ASPECT; ENVIRONMENTAL FACTOR; EPIDEMIC; FIRST AID; GOVERNMENT; HEALTH; HEALTH CARE; HEALTH CARE COST; HEALTH CARE DELIVERY; HEALTH CARE ORGANIZATION; HEALTH CARE POLICY; HEALTH PROGRAM; HEALTH PROMOTION; HEALTH SERVICE; HOSPITALIZATION; HUMAN; HUMAN IMMUNODEFICIENCY VIRUS; HUMAN IMMUNODEFICIENCY VIRUS INFECTION; HUMAN RIGHTS; IMMUNIZATION; INFECTION PREVENTION; JUSTICE; MEDICAL CARE; MEDICOLEGAL ASPECT; MORTALITY; PRIMARY HEALTH CARE; SOCIAL WORK; SOUTH AFRICA; STANDARD; VIRUS TRANSMISSION; ARTICLE; HEALTH CARE AND PUBLIC HEALTH; POLICY; PUBLIC HEALTH; SOCIAL PROBLEM;

HEALTH CARE AND PUBLIC HEALTH;

DEVELOPING COUNTRIES; HIV INFECTIONS; HUMAN RIGHTS; HUMANS; PRIMARY HEALTH CARE; PUBLIC HEALTH; PUBLIC POLICY; SOCIAL PROBLEMS; SOUTH AFRICA;

EID: 0036987261     PISSN: 10731105     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1748-720X.2002.tb00435.x     Document Type: Conference Paper

References (113)

1. K. Sen and R. Bonita, "Global Health Status: Two Steps Forward, One Step Back," Lancet, 356 (2000): 577-82; R. Loewenson, "People Centered Science and Globalization: Putting the Public Back into Public Health Policy," International Journal of Occupation and Environmental Health, 5 (1999): 65-71.
2. K. Sen and R. Bonita, "Global Health Status: Two Steps Forward, One Step Back," Lancet, 356 (2000): 577-82; R. Loewenson, "People Centered Science and Globalization: Putting the Public Back into Public Health Policy," International Journal of Occupation and Environmental Health, 5 (1999): 65-71.
3. A.J. McMichael and R. Beaglehole, "The Changing Global Context of Public Health," Lancet, 356 (2000): 495-99; K. Heggenhoughen, "Are the Marginalised the Slag-Heap of Economic Growth and Globalization? Disparity, Health and Human Rights," Health and Human Rights, 4 (1999): 205-13.
4. A.J. McMichael and R. Beaglehole, "The Changing Global Context of Public Health," Lancet, 356 (2000): 495-99; K. Heggenhoughen, "Are the Marginalised the Slag-Heap of Economic Growth and Globalization? Disparity, Health and Human Rights," Health and Human Rights, 4 (1999): 205-13.
5. C. Cosmas and B. Schmidt-Ehry, "Human Rights and Health in Developing Countries: Barriers to Community Participation in Public Health in Cameroon," Health and Human Rights, 1 (1995): 244-54.
6. L.C. Chen and G. Berlinguer, "Health Equity in a Globalising World," in T. Evans et al., eds., Challenging Inequalities in Health: From Ethics to Action (New York: Oxford University Press, 2001): 34-44; D.A. Leon, G. Walt, and L. Gilson, "International Perspectives on Health Inequalities and Policy," British Medical Journal, 322 (2001): 591-94; S. MacFarlane, M. Racelis, and F. Muli-Musiime, "Public Health in Developing Countries," Lancet, 356 (2000): 841-46.
7. L.C. Chen and G. Berlinguer, "Health Equity in a Globalising World," in T. Evans et al., eds., Challenging Inequalities in Health: From Ethics to Action (New York: Oxford University Press, 2001): 34-44; D.A. Leon, G. Walt, and L. Gilson, "International Perspectives on Health Inequalities and Policy," British Medical Journal, 322 (2001): 591-94; S. MacFarlane, M. Racelis, and F. Muli-Musiime, "Public Health in Developing Countries," Lancet, 356 (2000): 841-46.
8. L.C. Chen and G. Berlinguer, "Health Equity in a Globalising World," in T. Evans et al., eds., Challenging Inequalities in Health: From Ethics to Action (New York: Oxford University Press, 2001): 34-44; D.A. Leon, G. Walt, and L. Gilson, "International Perspectives on Health Inequalities and Policy," British Medical Journal, 322 (2001): 591-94; S. MacFarlane, M. Racelis, and F. Muli-Musiime, "Public Health in Developing Countries," Lancet, 356 (2000): 841-46.
9. See Loewenson, supra note 1.
10. World Bank, Better Health in Africa: Experiences and Lessons Learned (Washington, D.C.: World Bank, 1994); C. Collins, A. Green, and D. Hunter, "International Experience and Health Sector Reform: The Challenge for Developing Health Systems," World Hospital Health Services, 30, no. 2 (1994): 20-25; L. Gilson and A. Mills, "Health Sector Reforms in Sub-Saharan Africa: Lessons of the Last 10 Years," Health Policy, 32 (1995): 215-43; K. Sen and M. Koivusalp, "Health Care Reforms and Developing Countries - A Critical Overview," International Journal of Health Planning and Management, 13 (1998): 199-215.
11. World Bank, Better Health in Africa: Experiences and Lessons Learned (Washington, D.C.: World Bank, 1994); C. Collins, A. Green, and D. Hunter, "International Experience and Health Sector Reform: The Challenge for Developing Health Systems," World Hospital Health Services, 30, no. 2 (1994): 20-25; L. Gilson and A. Mills, "Health Sector Reforms in Sub-Saharan Africa: Lessons of the Last 10 Years," Health Policy, 32 (1995): 215-43; K. Sen and M. Koivusalp, "Health Care Reforms and Developing Countries - A Critical Overview," International Journal of Health Planning and Management, 13 (1998): 199-215.
12. World Bank, Better Health in Africa: Experiences and Lessons Learned (Washington, D.C.: World Bank, 1994); C. Collins, A. Green, and D. Hunter, "International Experience and Health Sector Reform: The Challenge for Developing Health Systems," World Hospital Health Services, 30, no. 2 (1994): 20-25; L. Gilson and A. Mills, "Health Sector Reforms in Sub-Saharan Africa: Lessons of the Last 10 Years," Health Policy, 32 (1995): 215-43; K. Sen and M. Koivusalp, "Health Care Reforms and Developing Countries - A Critical Overview," International Journal of Health Planning and Management, 13 (1998): 199-215.
13. World Bank, Better Health in Africa: Experiences and Lessons Learned (Washington, D.C.: World Bank, 1994); C. Collins, A. Green, and D. Hunter, "International Experience and Health Sector Reform: The Challenge for Developing Health Systems," World Hospital Health Services, 30, no. 2 (1994): 20-25; L. Gilson and A. Mills, "Health Sector Reforms in Sub-Saharan Africa: Lessons of the Last 10 Years," Health Policy, 32 (1995): 215-43; K. Sen and M. Koivusalp, "Health Care Reforms and Developing Countries - A Critical Overview," International Journal of Health Planning and Management, 13 (1998): 199-215.
14. H. Marais, South Africa: Limits to Change: The Political Economy of Transformation (London: Zed Press, 1998).
15. A. Van den Heever and V. Brijlal, "Health Care Financing," in P. Baron, ed., South African Health Review 1997 (Durban: Health Systems Trust, 1997): 81-89; D. McIntyre et al., "Equity in Public Sector Health Financing and Expenditure," in N. Crisp and A. Ntuli, eds., South African Health Review 1999 (Durban: Health Systems Trust, 2000): 27-52.
16. A. Van den Heever and V. Brijlal, "Health Care Financing," in P. Baron, ed., South African Health Review 1997 (Durban: Health Systems Trust, 1997): 81-89; D. McIntyre et al., "Equity in Public Sector Health Financing and Expenditure," in N. Crisp and A. Ntuli, eds., South African Health Review 1999 (Durban: Health Systems Trust, 2000): 27-52.
17. D. Budlender, "Human Development," in J. May, ed., Poverty and Inequality in South Africa: Meeting the Challenge (Cape Town: David Philip, 2000): 97-139; G. Buthelezi et al., Measuring the Move Towards Equity from the Site of Service Delivery: Results for the Nine Provinces (Durban: Heath Systems Trust, 1997); Community Agency for Social Enquiry, Second National Household Survey of Health Inequalities in South Africa (Washington, D.C.: Henry J. Kaiser Foundation, 1999).
18. D. Budlender, "Human Development," in J. May, ed., Poverty and Inequality in South Africa: Meeting the Challenge (Cape Town: David Philip, 2000): 97-139; G. Buthelezi et al., Measuring the Move Towards Equity from the Site of Service Delivery: Results for the Nine Provinces (Durban: Heath Systems Trust, 1997); Community Agency for Social Enquiry, Second National Household Survey of Health Inequalities in South Africa (Washington, D.C.: Henry J. Kaiser Foundation, 1999).
19. D. Budlender, "Human Development," in J. May, ed., Poverty and Inequality in South Africa: Meeting the Challenge (Cape Town: David Philip, 2000): 97-139; G. Buthelezi et al., Measuring the Move Towards Equity from the Site of Service Delivery: Results for the Nine Provinces (Durban: Heath Systems Trust, 1997); Community Agency for Social Enquiry, Second National Household Survey of Health Inequalities in South Africa (Washington, D.C.: Henry J. Kaiser Foundation, 1999).
20. See Marais, supra note 7.
21. See Chen and Berlinguer, supra note 4, at 43.
22. "Primary Health Care" is the concept proposed by the World Health Organization and adopted in the Alma Ata Declaration in 1978. It flags a set of commitments to an emphasis on prevention rather than treatment, on community participation, on health as a right, and on multisectoral approaches and comprehensive services. It differs from the usage of "primary care," "basic care," or "health-care services" delivered at the primary level.
23. L. Gostin and J.M. Mann, "Towards the Development of a Human Rights Impact Assessment for the Formulation and Evaluation of Public Health Policies," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 54-71; International Federation of Red Cross and Red Crescent Societies and the François-Xavier Bagnoud Centre for Health and Human Rights, "The Public Health - Human Rights Dialogue," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 46-53; S.J. Heyman and R.L. Sell, "Mandatory Public Health Programmes: To What Standards Should They Be Held?," Health and Human Rights, 4 (1999): 195-203.
24. L. Gostin and J.M. Mann, "Towards the Development of a Human Rights Impact Assessment for the Formulation and Evaluation of Public Health Policies," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 54-71; International Federation of Red Cross and Red Crescent Societies and the François-Xavier Bagnoud Centre for Health and Human Rights, "The Public Health - Human Rights Dialogue," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 46-53; S.J. Heyman and R.L. Sell, "Mandatory Public Health Programmes: To What Standards Should They Be Held?," Health and Human Rights, 4 (1999): 195-203.
25. L. Gostin and J.M. Mann, "Towards the Development of a Human Rights Impact Assessment for the Formulation and Evaluation of Public Health Policies," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 54-71; International Federation of Red Cross and Red Crescent Societies and the François-Xavier Bagnoud Centre for Health and Human Rights, "The Public Health - Human Rights Dialogue," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 46-53; S.J. Heyman and R.L. Sell, "Mandatory Public Health Programmes: To What Standards Should They Be Held?," Health and Human Rights, 4 (1999): 195-203.
26. T. Evans et al., Introduction, in T. Evans et al., eds., Challenging Inequalities in Health: From Ethics to Action (New York: Oxford University Press, 2001): 3-11.
27. V.A. Leary, "The Right to Health in International Human Rights Law," Health and Human Rights, 1 (1994): 24-56; E. Freeman, "Reflection on Emerging Frameworks of Health and Human Rights," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 227-52; J.M. Mann et al., "Health and Human Rights," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 7-20.
28. V.A. Leary, "The Right to Health in International Human Rights Law," Health and Human Rights, 1 (1994): 24-56; E. Freeman, "Reflection on Emerging Frameworks of Health and Human Rights," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 227-52; J.M. Mann et al., "Health and Human Rights," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 7-20.
29. V.A. Leary, "The Right to Health in International Human Rights Law," Health and Human Rights, 1 (1994): 24-56; E. Freeman, "Reflection on Emerging Frameworks of Health and Human Rights," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 227-52; J.M. Mann et al., "Health and Human Rights," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 7-20.
30. See Mann et al., supra note 15.
31. Constitution of the Republic of South Africa (adopted May 8, 1996, amended October 11, 1996), available at 〈http://www.polity.org.za/govdocs/ constitution/saconst.html〉.
32. C. Ngwena, "Access to Health Care a Fundamental Right: The Scope and Limits of Section 27 of the Constitution," Journal for Juridical Sciences, 25 (2000): 1-32; K. Pillay, "South Africa's Commitment to Health Rights in the Spotlight," ESR Review, 2 (2000): 1-4; J. Sarkin, "Health and Human Rights in Post-Apartheid South Africa," South African Medical Journal, 89 (1999): 1259-63.
33. C. Ngwena, "Access to Health Care a Fundamental Right: The Scope and Limits of Section 27 of the Constitution," Journal for Juridical Sciences, 25 (2000): 1-32; K. Pillay, "South Africa's Commitment to Health Rights in the Spotlight," ESR Review, 2 (2000): 1-4; J. Sarkin, "Health and Human Rights in Post-Apartheid South Africa," South African Medical Journal, 89 (1999): 1259-63.
34. C. Ngwena, "Access to Health Care a Fundamental Right: The Scope and Limits of Section 27 of the Constitution," Journal for Juridical Sciences, 25 (2000): 1-32; K. Pillay, "South Africa's Commitment to Health Rights in the Spotlight," ESR Review, 2 (2000): 1-4; J. Sarkin, "Health and Human Rights in Post-Apartheid South Africa," South African Medical Journal, 89 (1999): 1259-63.
35. I. Friedman, "Poverty, Human Rights and Health," in A. Ntuli et al., eds., South African Health Review 2000 (Durban: Health Systems Trust, 2001): 1-12.
36. A. Ntsaluba and Y. Pillay, "Reconstructing and Developing the Health System - The First 1,000 Days," South African Medical Journal, 88 (1998): 33-36. The clinic building was one of the first capital development initiatives of the new government aimed at rapidly expanding the network of first contact healthcare facilities in underserved areas.
37. D. van Rensburg et al., "Primary Health Care Facilities Survey," in A. Ntuli et al., eds., South African Health Review 2000 (Durban: Health Systems Trust, 2001): 3-50.
38. The Reproductive Rights Alliance and the National Portfolio Committee on Health, Report on the Public Hearings on the Implementation of the Choice on Termination of Pregnancy Act 1996, June 6-8, 2000, available at 〈http://www.hst.org.za/rra/top/top.pdf〉.
39. H. Schneider and J. Stein, "Implementing AIDS Policy in Post-Apartheid South Africa," Social Science and Medicine, 52 (2001): 723-31.
40. S. Harrison and M. Qose, "Health Legislation," in A. Ntuli, ed., South African Health Review 1998 (Durban: Health Systems Trust, 1999): 17-27.
41. A. Baleta, "Drug Firms Take South Africa's Government to Court," Lancet, 367 (2001): 775.
42. A. Baleta, "Drug Firms Lose Patent Rights Lawsuit Against South Africa's Government," Lancet, 357 (2001): 1347; P. Sidley, "South African Court Battle Damages Drug Industry's Image," BMJ, 322 (2001): 635.
43. A. Baleta, "Drug Firms Lose Patent Rights Lawsuit Against South Africa's Government," Lancet, 357 (2001): 1347; P. Sidley, "South African Court Battle Damages Drug Industry's Image," BMJ, 322 (2001): 635.
44. See Baleta, supra note 26.
45. Treatment Action Campaign (TAG), Founding Affidavit (August 21, 2001), filed in Treatment Action Campaign v. Minister of Health, No. 21182/2001 (High Court of South Africa, Transvaal Provincial Division), available at 〈http://www.tac.org.za/Documents/MTCTCourtCase/ccmfound.rtf〉. The Pretoria High Court ruled in favor of TAC in December 2001 and ordered the Department of Health to produce a mother-to-child-transmission prevention plan. The South African government lodged an appeal against the decision, which was recently upheld by the Constitutional Court of South Africa (No. CCT 8/02, July 5, 2002), available at 〈http://www.tac.org.za/Documents/MTCTCourtCase/ ConCourtMOHVsTAC.txt〉.
46. G.J. Annas, "The Impact of Health Policies on Human Rights: AIDS and TB Control," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 37-45; United Nations General Assembly, 26th Special Session, Declaration of Commitment on HIV/AIDS, A/Res/S-26/2, June 27, 2001, available at 〈http://www.unaids.org/UNGASS/〉
47. G.J. Annas, "The Impact of Health Policies on Human Rights: AIDS and TB Control," in J.M. Mann et al., eds., Health and Human Rights: A Reader (New York: Routledge, 1999): 37-45; United Nations General Assembly, 26th Special Session, Declaration of Commitment on HIV/AIDS, A/Res/S-26/2, June 27, 2001, available at 〈http://www.unaids.org/UNGASS/〉
48. N.Z. Nyazema, AIDS and Equity: Civil Rights or Public Health Crisis?, presentation to the Southern African conference on Health Equity, Broederstroom, September 2000.
49. M. Channock, "Culture and Human Rights: Orientalising, Occidentalising and Authenticity," in M. Mamdani, ed., Beyond Rights Talk and Culture Talk: Comparative Essays on the Politics of Rights and Culture (Cape Town: David Phillip, 2000): 15-36.
50. T. Nhlapo, "The Africa Customary Law of Marriage and the Rights Conundrum," in M. Mamdani, ed., Beyond Rights Talk and Culture Talk: Comparative Essays on the Politics of Rights and Culture (Cape Town: David Phillip, 2000): 136-48, at 144.
51. G. Seidel, "Confidentiality and HIV Status in Kwazulu-Natal, South Africa: Implications, Resistances and Challenges," Health Policy and Planning, 11 (1996): 418-27.
52. See Nhlapo, supra note 32.
53. Constitution of the Republic of South Africa, supra note 17, at clauses 30 and 31.
54. M.A. Dieng, "Interface Between Global and Regional Protection and Promotion of Human Rights: An African Perspective," in Y Danieli, E. Stamatopoulou, and C.J. Dias, eds., The Universal Declaration of Human Rights: Fifty Years and Beyond (Amityville: Baywood Publishing, 1999): 271-82, at 275, quoting the African Charter on Human and Peoples' Rights.
55. E.C. Green, B. Zokwe, and J.D. Dupree, "The Experience of an AIDS Prevention Program Focused on South African Traditional Healers," Social Science and Medicine, 40 (1995): 503-15.
56. C. Campbell and B. Williams, "Beyond the Biomedical and Behavioral: Towards an Integrated Approach to HIV Prevention in the Southern African Mining Industry," Social Science and Medicine, 48 (1999): 1625-39; C. Campbell and B. Williams, "Mines, Migrancy and HIV in South Africa - Managing the Epidemic," South African Medical Journal, 86 (1996): 1249-51.
57. C. Campbell and B. Williams, "Beyond the Biomedical and Behavioral: Towards an Integrated Approach to HIV Prevention in the Southern African Mining Industry," Social Science and Medicine, 48 (1999): 1625-39; C. Campbell and B. Williams, "Mines, Migrancy and HIV in South Africa - Managing the Epidemic," South African Medical Journal, 86 (1996): 1249-51.
58. See Nyazema, supra note 30.
59. Note that a Provincial Minister in South Africa is more accurately titled a Member of the Executive Committee.
60. Z.L. Mkhize, Minister of Health, XIIIth International AIDS Conference, Durban, South Africa, July 11,2000 , cited in L. Garbus, "Debate on Treatment to Prevent Mother-to-Child Transmission without Treatment for the Mother," XIII International AIDS Conference Report #3 (July 11, 2000), available at 〈http://hivinsite.ucsf.edu/InSite.jsp?doc=3098.0711〉.
61. Z.L. Mkhize, Minister of Health, XIIIth International AIDS Conference, Durban, South Africa, July 11,2000 , cited in L. Garbus, "Debate on Treatment to Prevent Mother-to-Child Transmission without Treatment for the Mother," XIII International AIDS Conference Report #3 (July 11, 2000), available at 〈http://hivinsite.ucsf.edu/InSite.jsp?doc=3098.0711〉.
62. See id.
63. D. McCoy, "Back to Basics for Health Care," Editorial, Mail and Guardian, May 4, 2001.
64. D. Strachan, "Thabo Mbeki Is Right in His Stance on Anti-AIDS Drugs," Cape Times, July 7, 2001.
65. M. Mamdani, Introduction, in M. Mamdani, ed., Beyond Rights Talk and Culture Talk: Comparative Essays on the Politics of Rights and Culture (Cape Town: David Philip, 2000): 1-13.
66. M. Heywood and D. Altman, "Confronting AIDS: Human Rights, Law and Social Transformation," Health and Human Rights, 5 (2000): 149-79, at 150.
67. P. Farmer, Infection and Inequalities: The Modern Plagues (Berkeley: University of California Press, 1999).
68. S. Wall, "Epidemiology for Prevention," International Journal of Epidemiology, 24 (1995): 655-64.
69. S.J. Varkey and S. Fonn, "Termination of Pregnancy," in N. Crisp and A. Ntuli, eds., South African Health Review 1999 (Durban: Health Systems Trust, 2000): 81-89.
70. E. Cameron, "The Deafening Silence of AIDS," Health and Human Rights, 5 (2000): 7-24.
71. J. Cohen, "South Africa: AIDS Researchers Decry Mbeki's Views on HIV," Science, 288 (2000): 590-91; P. Coste, "Mbeki's Aids Stance Leaves Scientists in a Daze," Mail and Guardian, April 19, 2000.
72. J. Cohen, "South Africa: AIDS Researchers Decry Mbeki's Views on HIV," Science, 288 (2000): 590-91; P. Coste, "Mbeki's Aids Stance Leaves Scientists in a Daze," Mail and Guardian, April 19, 2000.
73. Department of Health, Position of the South African Government on Access to Pharmaceuticals, Press Release, Pretoria, July 11, 2000; P. Sidley, "South Africa Will Not Pay for Antiretroviral Therapy," British Medical Journal, 322 (2001): 1441.
74. Department of Health, Position of the South African Government on Access to Pharmaceuticals, Press Release, Pretoria, July 11, 2000; P. Sidley, "South Africa Will Not Pay for Antiretroviral Therapy," British Medical Journal, 322 (2001): 1441.
75. See McCoy, supra note 43.
76. I b i d.
77. D. Tarantola, "The Shifting HIV/AIDS Paradigm: Twenty Years and Counting," Health and Human Rights, 5 (2001): 1-6.
78. P. Farmer, "Community-Based Approaches to HIV Treatment in Resource-Poor Settings," Lancet, 358 (2001): 404-09.
79. E. Marseille et al., "Cost-Effectiveness of Single-Dose Nevirapine Regimen for Mothers and Babies to Decrease Vertical HIV-1 Transmission in Sub-Saharan Africa," Lancet, 354 (1999): 803-09. See McCoy, supra note 43.
80. J. Skordis and N. Nattras, What Is Affordable: The Political Economy of Policy on the Transmission of HIV/AIDS from Mother to Child in South Africa, paper presented to the AIDS in Context Conference, University of Witwatersrand, Johannesburg, April 2001; N. Soderlund et al., "Prevention of Vertical Transmission of HIV: Analysis of Cost Effectiveness of Options Available in South Africa," British Medical Journal, 318 (1999): 1650-56; D. Wilkinson, K. Floyd, and C.F. Gilks, "National and Provincial Estimated Costs and Cost Effectiveness of a Program to Reduce Mother-to-Child HIV Transmission in South Africa," South African Medical Journal, 90 (2000): 794-97; E. Marseille, J.G. Kahn, and J. Saba, "Cost-Effectiveness of Antiviral Drug Therapy to Reduce Mother-to-Child HIV Transmission in Sub-Saharan Africa," AIDS, 12 (1998): 939-48; E. Marseille, et al., supra note 57.
81. J. Skordis and N. Nattras, What Is Affordable: The Political Economy of Policy on the Transmission of HIV/AIDS from Mother to Child in South Africa, paper presented to the AIDS in Context Conference, University of Witwatersrand, Johannesburg, April 2001; N. Soderlund et al., "Prevention of Vertical Transmission of HIV: Analysis of Cost Effectiveness of Options Available in South Africa," British Medical Journal, 318 (1999): 1650-56; D. Wilkinson, K. Floyd, and C.F. Gilks, "National and Provincial Estimated Costs and Cost Effectiveness of a Program to Reduce Mother-to-Child HIV Transmission in South Africa," South African Medical Journal, 90 (2000): 794-97; E. Marseille, J.G. Kahn, and J. Saba, "Cost-Effectiveness of Antiviral Drug Therapy to Reduce Mother-to-Child HIV Transmission in Sub-Saharan Africa," AIDS, 12 (1998): 939-48; E. Marseille, et al., supra note 57.
82. J. Skordis and N. Nattras, What Is Affordable: The Political Economy of Policy on the Transmission of HIV/AIDS from Mother to Child in South Africa, paper presented to the AIDS in Context Conference, University of Witwatersrand, Johannesburg, April 2001; N. Soderlund et al., "Prevention of Vertical Transmission of HIV: Analysis of Cost Effectiveness of Options Available in South Africa," British Medical Journal, 318 (1999): 1650-56; D. Wilkinson, K. Floyd, and C.F. Gilks, "National and Provincial Estimated Costs and Cost Effectiveness of a Program to Reduce Mother-to-Child HIV Transmission in South Africa," South African Medical Journal, 90 (2000): 794-97; E. Marseille, J.G. Kahn, and J. Saba, "Cost-Effectiveness of Antiviral Drug Therapy to Reduce Mother-to-Child HIV Transmission in Sub-Saharan Africa," AIDS, 12 (1998): 939-48; E. Marseille, et al., supra note 57.
83. J. Skordis and N. Nattras, What Is Affordable: The Political Economy of Policy on the Transmission of HIV/AIDS from Mother to Child in South Africa, paper presented to the AIDS in Context Conference, University of Witwatersrand, Johannesburg, April 2001; N. Soderlund et al., "Prevention of Vertical Transmission of HIV: Analysis of Cost Effectiveness of Options Available in South Africa," British Medical Journal, 318 (1999): 1650-56; D. Wilkinson, K. Floyd, and C.F. Gilks, "National and Provincial Estimated Costs and Cost Effectiveness of a Program to Reduce Mother-to-Child HIV Transmission in South Africa," South African Medical Journal, 90 (2000): 794-97; E. Marseille, J.G. Kahn, and J. Saba, "Cost-Effectiveness of Antiviral Drug Therapy to Reduce Mother-to-Child HIV Transmission in Sub-Saharan Africa," AIDS, 12 (1998): 939-48; E. Marseille, et al., supra note 57.
84. The DALY is a measure developed as a comprehensive indicator to assess the burden of disease and injury. See C.J. Murray, A.D. Lopez, and D.T. Jamison, "The Global Burden of Disease in 1990: Summary Results, Sensitivity Analysis and Future Directions," Bulletin of the World Health Organization, 72 (1994): 495-509.
85. Wilkinson, Floyd, and Gilks, supra note 58.
86. H. Reuter, Affidavit (November 2001), filed in Treatment Action Campaign v. Minister of Health, No. 21182/2001 (High Court of South Africa, Transvaal Provincial Division), available at 〈http://www.tac.org.za/Documents/ MTCTCourtCase/affidavit/reuteraffidavit.txt〉.
87. A. Meerkotter et al., Mother-to-Child-Transmission of HIV: A Guide for Health Workers and HIV/AIDS Trainers, in M. Richter and H. Reuter, eds. (Treatment Action Campaign/AIDS Law Project, 2001).
88. Médicins Sans Frontières, Long-Term Strategy Needed to Treat AIDS in Poor Countries, Press Release (April 3, 2000); R. Loewenson and A. Whiteside, United Nations Development Programme, HIV/AIDS: Implications for Poverty Reduction (New York: United Nations Development Programme, 2001), available at 〈http://www.undp.org/dpa/frontpagearchive/2001/june/22june01/ hiv-aids.pdf〉.
89. Médicins Sans Frontières, Long-Term Strategy Needed to Treat AIDS in Poor Countries, Press Release (April 3, 2000); R. Loewenson and A. Whiteside, United Nations Development Programme, HIV/AIDS: Implications for Poverty Reduction (New York: United Nations Development Programme, 2001), available at 〈http://www.undp.org/dpa/frontpagearchive/2001/june/22june01/ hiv-aids.pdf〉.
90. See Department of Health, supra note 52.
91. See Gostin and Mann, supra note 13; International Federation of Red Cross and Red Crescent Societies and the François-Xavier Bagnoud Centre for Health and Human Rights, supra note 13; Heyman and Sell, supra note 13.
92. See International Federation of Red Cross and Red Crescent Societies and the François-Xavier Bagnoud Centre for Health and Human Rights, supra note 13.
93. See Pillay, supra note 18; Ngwena, supra note 18; Sarkin, supra note 18.
94. K.P. Beckerman, "Mothers, Orphans and Prevention of Paediatric AIDS," Lancet, 359 (2002): 1168-69.
95. World Health Organization Technical Consultation on Behalf of the UNFPA/UNICEF/WHO/UNAIDS Inter-Agency Task Team on Mother-to-Child Transmission of HIV, New Data on the Prevention of Mother-to-Child Transmission of HIV and Their Policy Implications: Conclusions and Recommendations, WHO/RHR/01.28, January 15, 2001, available at 〈http://www.unaids.org/publications/ documents/mtct/MTCT_Consultarion_Report.doc〉; F. Dabis et al., "Prevention of Mother-to-Child Transmission of HIV in Developing Countries: Recommendations for Practice. The Ghent International Working Group on Mother-to-Child Transmission of HIV," Health Policy and Planning, 15 (2000): 34-42; P. Brocklehurst and J. Volmink, "Antiretrovirals for Reducing the Risk of Mother-to-Child Transmission of HIV Infection" (Cochrane Review), The Cochrane Library, 3 (Oxford: Update Software Ltd., 2002).
96. World Health Organization Technical Consultation on Behalf of the UNFPA/UNICEF/WHO/UNAIDS Inter-Agency Task Team on Mother-to-Child Transmission of HIV, New Data on the Prevention of Mother-to-Child Transmission of HIV and Their Policy Implications: Conclusions and Recommendations, WHO/RHR/01.28, January 15, 2001, available at 〈http://www.unaids.org/publications/ documents/mtct/MTCT_Consultarion_Report.doc〉; F. Dabis et al., "Prevention of Mother-to-Child Transmission of HIV in Developing Countries: Recommendations for Practice. The Ghent International Working Group on Mother-to-Child Transmission of HIV," Health Policy and Planning, 15 (2000): 34-42; P. Brocklehurst and J. Volmink, "Antiretrovirals for Reducing the Risk of Mother-to-Child Transmission of HIV Infection" (Cochrane Review), The Cochrane Library, 3 (Oxford: Update Software Ltd., 2002).
97. World Health Organization Technical Consultation on Behalf of the UNFPA/UNICEF/WHO/UNAIDS Inter-Agency Task Team on Mother-to-Child Transmission of HIV, New Data on the Prevention of Mother-to-Child Transmission of HIV and Their Policy Implications: Conclusions and Recommendations, WHO/RHR/01.28, January 15, 2001, available at 〈http://www.unaids.org/publications/ documents/mtct/MTCT_Consultarion_Report.doc〉; F. Dabis et al., "Prevention of Mother-to-Child Transmission of HIV in Developing Countries: Recommendations for Practice. The Ghent International Working Group on Mother-to-Child Transmission of HIV," Health Policy and Planning, 15 (2000): 34-42; P. Brocklehurst and J. Volmink, "Antiretrovirals for Reducing the Risk of Mother-to-Child Transmission of HIV Infection" (Cochrane Review), The Cochrane Library, 3 (Oxford: Update Software Ltd., 2002).
98. See Beckerman, supra note 68.
99. M.L. Newell, "Prevention of Mother-to-Child Transmission of HIV: Challenges for the Current Decade," Bulletin of the World Health Organization, 79 (2001): 1138-44.
100. For example, see A. Daponte, F. Guidozzi, and A. Marineanu, "Maternal Mortality in a Tertiary Center after introduction of Free Antenatal Care," International Journal of Gynaecology and Obstetrics, 71 (2000): 127-33.; S. Ebrahim, A. Daponte, and F. Guidozzi, "The Impact of Free Antenatal Care on Perinatal Mortality," International Journal of Gynaecology and Obstetrics, 71 (2000): 205-07; D. McCoy, Free Health Care for Pregnant Women and Children Under Six in South Africa: An Impact Assessment (Durban: Health Systems Trust, 1996); M.S. Westaway et al., "Monitoring Utilization, Quality & Effectiveness of Free Antenatal Care in an Informal Settlement in Gauteng," Curationis, 21 (1998): 57-59; D. Wilkinson, M.E. Sach, and S.S. Abdool Karim, "Examination of Attendance Patterns Before and After Introduction of South Africa's Policy of Free Health Care for Children Aged Under 6 Years and Pregnant Women," British Medical Journal, 314 (1997): 940-41.
101. For example, see A. Daponte, F. Guidozzi, and A. Marineanu, "Maternal Mortality in a Tertiary Center after introduction of Free Antenatal Care," International Journal of Gynaecology and Obstetrics, 71 (2000): 127-33.; S. Ebrahim, A. Daponte, and F. Guidozzi, "The Impact of Free Antenatal Care on Perinatal Mortality," International Journal of Gynaecology and Obstetrics, 71 (2000): 205-07; D. McCoy, Free Health Care for Pregnant Women and Children Under Six in South Africa: An Impact Assessment (Durban: Health Systems Trust, 1996); M.S. Westaway et al., "Monitoring Utilization, Quality & Effectiveness of Free Antenatal Care in an Informal Settlement in Gauteng," Curationis, 21 (1998): 57-59; D. Wilkinson, M.E. Sach, and S.S. Abdool Karim, "Examination of Attendance Patterns Before and After Introduction of South Africa's Policy of Free Health Care for Children Aged Under 6 Years and Pregnant Women," British Medical Journal, 314 (1997): 940-41.
102. For example, see A. Daponte, F. Guidozzi, and A. Marineanu, "Maternal Mortality in a Tertiary Center after introduction of Free Antenatal Care," International Journal of Gynaecology and Obstetrics, 71 (2000): 127-33.; S. Ebrahim, A. Daponte, and F. Guidozzi, "The Impact of Free Antenatal Care on Perinatal Mortality," International Journal of Gynaecology and Obstetrics, 71 (2000): 205-07; D. McCoy, Free Health Care for Pregnant Women and Children Under Six in South Africa: An Impact Assessment (Durban: Health Systems Trust, 1996); M.S. Westaway et al., "Monitoring Utilization, Quality & Effectiveness of Free Antenatal Care in an Informal Settlement in Gauteng," Curationis, 21 (1998): 57-59; D. Wilkinson, M.E. Sach, and S.S. Abdool Karim, "Examination of Attendance Patterns Before and After Introduction of South Africa's Policy of Free Health Care for Children Aged Under 6 Years and Pregnant Women," British Medical Journal, 314 (1997): 940-41.
103. For example, see A. Daponte, F. Guidozzi, and A. Marineanu, "Maternal Mortality in a Tertiary Center after introduction of Free Antenatal Care," International Journal of Gynaecology and Obstetrics, 71 (2000): 127-33.; S. Ebrahim, A. Daponte, and F. Guidozzi, "The Impact of Free Antenatal Care on Perinatal Mortality," International Journal of Gynaecology and Obstetrics, 71 (2000): 205-07; D. McCoy, Free Health Care for Pregnant Women and Children Under Six in South Africa: An Impact Assessment (Durban: Health Systems Trust, 1996); M.S. Westaway et al., "Monitoring Utilization, Quality & Effectiveness of Free Antenatal Care in an Informal Settlement in Gauteng," Curationis, 21 (1998): 57-59; D. Wilkinson, M.E. Sach, and S.S. Abdool Karim, "Examination of Attendance Patterns Before and After Introduction of South Africa's Policy of Free Health Care for Children Aged Under 6 Years and Pregnant Women," British Medical Journal, 314 (1997): 940-41.
104. For example, see A. Daponte, F. Guidozzi, and A. Marineanu, "Maternal Mortality in a Tertiary Center after introduction of Free Antenatal Care," International Journal of Gynaecology and Obstetrics, 71 (2000): 127-33.; S. Ebrahim, A. Daponte, and F. Guidozzi, "The Impact of Free Antenatal Care on Perinatal Mortality," International Journal of Gynaecology and Obstetrics, 71 (2000): 205-07; D. McCoy, Free Health Care for Pregnant Women and Children Under Six in South Africa: An Impact Assessment (Durban: Health Systems Trust, 1996); M.S. Westaway et al., "Monitoring Utilization, Quality & Effectiveness of Free Antenatal Care in an Informal Settlement in Gauteng," Curationis, 21 (1998): 57-59; D. Wilkinson, M.E. Sach, and S.S. Abdool Karim, "Examination of Attendance Patterns Before and After Introduction of South Africa's Policy of Free Health Care for Children Aged Under 6 Years and Pregnant Women," British Medical Journal, 314 (1997): 940-41.
105. J.P. Ioannidas et al., "Perinatal Transmission of Human Immunodeficiency Virus Type 1 by Pregnant Women with RNA Viral Loads < 1000 Copies/ml," Journal of infectious Diseases, 183 (2000): 539-45; See Beckerman, supra note 68.
106. See Annas, supra note 29.
107. Truth and Reconciliation Commission, Truth and Reconciliation Commission Report (Cape Town: Juta, 1998).
108. See Tarantola, supra note 55.
109. See Heywood and Altman, supra note 46.
110. M. Mamdani, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism (Princeton: Princeton University Press, 1996).
111. South African Department of Health, HIV/AIDS & STD Strategic Plan for South Africa 2000-2005 (Pretoria: Department of Health, 2000).
112. Heads of State and Government of the Organisation of African Unity (OAU), Abuja Declaration on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases, OAU/SPS/ABUJA/3, April 27, 2001, available at 〈http:www.unaids. org/decabuja%5Fen.doc〉; UNAIDS, The African Consensus and Plan of Action: Leadership to Overcome HIV/AIDS, December 7, 2000, available at 〈http:www.unaids.org/whatsnew/adf/files/adf_consensus.doc〉. See also United Nations General Assembly, supra note 29.
113. Heads of State and Government of the Organisation of African Unity (OAU), Abuja Declaration on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases, OAU/SPS/ABUJA/3, April 27, 2001, available at 〈http:www.unaids. org/decabuja%5Fen.doc〉; UNAIDS, The African Consensus and Plan of Action: Leadership to Overcome HIV/AIDS, December 7, 2000, available at 〈http:www.unaids.org/whatsnew/adf/files/adf_consensus.doc〉. See also United Nations General Assembly, supra note 29.