Minister of Health and others v Treatment Action Campaign and others (Constitutional Court 2002)
2nd January 2002, 12:00 pm
The Treatment Action Campaign (TAC) and a number of other civil society organizations and individuals challenged the government’s limited dispensation of nevirapine, a drug known to reduce te risk of mother to child transmission of HIV, in the High Court. The government appealed to the Constitutional Court.

The Constitutional Court unanimously held that the limited access of nevaripine in public hospitals violated the right to health enshrined in the Constitution. The Court required that the government take reasonable measures progressively to provide full access to socio-economic rights. In this instance, the Court found that the government had not acted reasonably and ordered the government to make nevirapine available in public hospitals and clinics.

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