The Constitutional Court ruled against restrictions on providing nevirapine to prevent mother-to-child HIV transmission and required a reasonable programme. The Treatment Action Campaign combined organizing with litigation. In a decolonial reading, the case tested whether post-apartheid rights could transform unequal access to essential care inherited from racial and economic exclusion.
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The Treatment Action Campaign judgment prohibited providing nevirapine outside the government's restricted programme.
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Explanation
The Court rejected the restrictions and required reasonable measures to expand access for preventing mother-to-child transmission.