Chapter 5: The HIV/AIDS pandemic and the plight of vulnerable patients: understanding the first wave of litigiousness in Brazil and Colombia (1990-2000)
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Chapter 5 (The HIV/AIDS pandemic and the plight of vulnerable patients: understanding the first wave of litigiousness in Brazil and Colombia (1990–2020)) addresses how during the 1990s the plaintiffs who pioneered the judicialization of health care in Brazil and Colombia gave shape to a type of litigation focused on demands for antiretroviral (ARV) drugs excluded from the government's health benefit plans. I show that pioneering litigants operated as cause lawyers and advocates, as part of a global and local HIV social movement. I also describe how, in a context of widespread and life-threatening discrimination against persons living with HIV/AIDS (PWLHA), the Colombian Constitutional Court and the Brazilian Supreme Court were receptive to the first wave of HIV litigation. This pathbreaking judicial precedent, which defined the basic core of the right to health in both countries, allowed PWHLA to further deploy litigation to obtain ARV therapy.

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