Date of Award


Document Type


First Advisor

Jocelyn Downie


The HIV/AIDS epidemic is a devastating medical, social and economic problem in many developing countries. Presently, the only therapeutic remedies for the disease are antiretroviral drugs, which do not cure HIV/AIDS but are effective in restoring the health of people living with HIV/AIDS. Unfortunately, these drugs are unavailable to many people living with the disease in developing countries. This has been attributed to the exorbitant prices resulting from the patent rights of multinational pharmaceutical companies over the drugs. Legal literature has therefore focused principally on intellectual property rights as obstacles to access to antiretroviral drugs in developing countries. This thesis, however, seeks to extend the discourse to other impeding obstacles. This thesis examines the legal obligations which developed and developing countries may have to provide access to antiretroviral drugs in developing countries. The thesis argues that the right to health under international and domestic law may ground such legal obligations.