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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