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Preventing mother-to-child transmission: landmark decision by South African court
Abstract:
On 14 December 2001, the High Court of South Africa delivered its judgment in Treatment Action Campaign et al v Minister of Health et al, ruling that the government was in breach of its constitutional obligations and must promptly develop and implement a comprehensive national program to prevent mother-to-child transmission of HIV, including making antiretroviral drugs available for this purpose. This article summarizes the legal arguments and the outcome of a case that is of global significance in holding governments accountable for their obligations to progressively realize the human right to health.
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