E-DRUG: Victory in South Africa for TAC on nevirapine/MTCT
-----------------------------------------------------
[E-drug carried earlier messages about the court battle between the South
African Treatment Action Campaign and the Government on the use of
nevirapine in MTCT.
The Constitutional Court has now confirmed earlier judgements that the
government has no case to refuse HIV+ women access to nevirapine in health
facilities.
The first time that an NGO has obtained access to an essential drug by
using the right
to health in a national law? Well done for TAC! Let us hope that we can now
start rolling out nevirapine to all HIV+ mothers. 200 babies are being born
daily in South Africa with HIV; about half of them could be prevented.
Copied as fair use from the Business Day. WB]
http://www.businessday.co.za/bday/content/direct/1,3523,1123312-6078-0,00.h
tml
Constitutional Court rules for Nevirapine
The Constitutional Court on Friday denied the government leave to
appeal against a High Court ruling forcing it to provide anti-Aids drugs
in State hospitals.
Chief Justice Arthur Chaskalson delivered the judgment saying there was
a pressing need to ensure that the loss of lives was prevented.
"The anxiety of the applicants (the Treatment Action Campaign) is
understandable because one is dealing here with a deadly disease," he
said.
Chaskalson said the order the Constitutional Court had made would
require the government to revise its policy.
A comprehensive and co-ordinated programme was necessary to help
pregnant women combat HIV and counselling and testing facilities should
be put in place at hospitals and clinics.
He said doctors should be permitted to prescribe nevirapine in
consultation with the hospital superintendent.
The government has been ordered to pay costs in the case.
Geoff Budlender, a lawyer representing the Treatment Action Campaign,
said the court's decision would save lives.
Speaking moments after South Africa's 11 top judges ruled against the
government, Budlender said he had always thought their case was "fairly
strong".
"This is a judgment that saves lives... it is also a victory for
pregnant women with HIV and it's a victory for the constitution. It
shows that our social and economic rights are real and powerful. I am
very happy, I hoped for this."
Special adviser to Health Minister Manto Tshabalala-Msimang, Patricia
Lambert, said the judgment was "workable".
"The Minister will study the judgment during the day and will issue a
more detailed statement."
Asked whether she was disappointed, Lambert replied: "I do not think
that's a word that I would apply, there have been tremendous changes in
government in dealing with HIV and Aids".
Sapa
--
To send a message to E-Drug, write to: e-drug@usa.healthnet.org
To subscribe or unsubscribe, write to: majordomo@usa.healthnet.org
in the body of the message type: subscribe e-drug OR unsubscribe e-drug
To contact a person, send a message to: e-drug-help@usa.healthnet.org
Information and archives: http://www.healthnet.org/programs/edrug.html