Abstract
The chapter critically examines the extent to which the HIV/AIDS litigation advanced the prevention, control and treatment of HIV/AIDS and the realisation of health rights. The justiciability of socio-economic (SC) rights underpins the discussion on health rights but questions about justiciability still leaves unanswered the enforceability of measures against duty bearers to achieve health equity so that vulnerable communities, bearing the greatest burden of HIV/AIDS, are targeted. Advancing health rights through the courts highlights the limitations of law as a human rights tool in holding duty bearers accountable.1 Ultimately, the full realisation of health rights to achieve health equity may require rights-based approaches to be embedded across public and private health service delivery, research, national strategies, and plans.