It is difficult to overestimate the devastation of the AIDS pandemic in sub-Saharan Africa. In that region, 9 percent of all adults are HIV-infected. Africa will soon reach premature death rates not seen since the end of the nineteenth century. In eleven countries, a baby born in 2010 will live, on average, barely beyond his or her thirtieth birthday. (1) The rate of HIV infection among women attending antenatal clinics in sub-Saharan Africa ranges from 10 to 50 percent, with an average rate in some countries of around 30 percent. (2) Women transmit infection to their infants in this region at a rate of 21 to 43 percent. The tragedy is that AIDS in Africa is largely preventable, with models of success found in Uganda and Senegal, where HIV incidence among pregnant women and infants has significantly declined. In North America and Europe, mother-to-infant transmission has been dramatically reduced using a regimen of antiretroviral medication administered to pregnant women and newborns. (3) The estimated cost of the regimen ($200 with discounts in pricing) makes the treatment unavailable to most people in sub-Saharan Africa where the annual health expenditure per person is between $2 and $40. (4) Additional barriers include the difficulty of complying with a regimen that entails administering a drug four to five times daily for weeks, the limited infrastructure for distributing drugs and monitoring compliance, and inadequate maternal-child health services. Research in sub-Saharan Africa and Southeast Asia has shown that less expensive short-course antiretroviral regimens diminish perinatal transmission by one-third to one-half. A trial in Uganda of a single oral dose of nevirapine given to the mother and newborn had similar benefits. (5) These results held regardless of whether women breastfed the child, although the formula-fed groups had greater reductions in transmission. Economic analyses suggest that short-course therapies can achieve significant health and financial benefits compared with the cost of the therapy. (6) As a result, WHO and UNAIDS recommend short-course perinatal antiretroviral therapy and advise HIV-infected women not to breastfeed their infants, where this can be accomplished safely. (7) Despite the clinical research, economic analysis, and public health guidance, few developing countries have national policies for integrating antiretroviral therapy into antenatal clinics. Those resisting these kind of interventions object on grounds of economics and ethics, but neither argument is convincing. Thabo Mbeki, president of South Africa, has seen the HIV/AIDS pandemic as part of institutionalized racism and has resisted guaranteeing all pregnant women antiretroviral treatment; he made nevirapine available only at a number of limited pilot sites. (8) In response to his intransigence, the Treatment Action Campaign (TAC) sued, claiming a human right to health for pregnant women and infants. (9) Treatment Action Campaign v. Minister of Health and Others Under the South African Bill of Rights, Everyone has the right to have access to health services, including reproductive health care ([section] 27(1)(a)). The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. Additionally; every child has the right to basic nutrition, shelter, basic health serves and social services ([section] 28(1)(c)). The Constitutional Court of South Africa has made clear that the state must afford citizens access to these socio-economic rights, although there is no self-standing, enforceable right to a minimum core level of services. (10) In its suit, the TAC challenged the government policy of limiting the use of nevirapine only to specific research and training sites. The Constitutional Court rejected all four reasons proffered by the government for preventing the vast majority of pregnant women from gaining access to treatment: ineffectiveness, drug resistance, safety, and capacity. …