HIV and the Right to Health in Colombia

The first Colombian to claim a judicially enforceable right to health was a gay man living with HIV, who in 1992 claimed a violation of his constitutional rights on account of being denied antiretroviral therapy. Since then, HIV activists have been at the forefront of advancing both the judicialization and social reconstruction of health as a human right. However, their role—and its implications today—has been sometimes overlooked in the study of Colombia’s right to health. Based on semi-structured interviews with key stakeholders, we evaluate the HIV movement’s effect on the progression of the right to health and resulting health care reform, and analyze the reform’s success in addressing the needs of people living with HIV. While the landmark Constitutional Court decision T-760 and resulting health care reform are not the result of any one group, the HIV movement played a significant role in these developments, and its values are largely reflected in the country’s new sociopolitical conceptualization of the right to health. However, the movement has faced division over the issue of generic medication availability and among subpopulations who have not been strongly represented or consistent beneficiaries of its successes.