The government could be violating women's constitutional rights by refusing to make anti-Aids drug AZT available through public health care. Own correspondent, Johannesburg, Wednesday 9.30am

he Human Rights Commission found on Tuesday that the government could be violating women's constitutional rights by refusing to make anti-Aids drug AZT available through public health care.

However, it said in a statement that it will only decide on what action to take after Health Minister Manto Tshabalala-Msimang officially responds to the allegations.

President Thabo Mbeki caused an uproar last month when he said there are legal cases pending against the drug and ordered the minister to investigate whether AZT, used to prevent mother-to-child HIV transmission, is toxic.

Following his statements the HRC received a complaint from an Eastern Cape doctor, Costa Gazi, saying that the denial of AZT to pregnant women with HIV/Aids is a violation of the Constitution.

Gazi, who is also the health secretary of the Pan Africanist Congress, alleged that the Health Department's refusal to administer the drug is a violation of the state's obligation to provide primary health care. The section states that everyone has the right to have access to health care services, including reproductive health care.

The commission said that when considering the complaint, it was not concerned on whether or not AZT was the proper drug to give pregnant women with IV/Aids, but instead it took the "broader socio-economic question of what the state is doing to deliver in terms of the... section".

On Monday Tshabalala-Msimang reiterated her department's stance over AZT: "The government took a decision two years back not to administer AZT and that's the policy. It still stands mainly because of costs," she said. The minister said the medication will not be made available until she had adequate information "that it is safe to do so".

Meanwhile Reuters reports that British drugs giant Glaxo Wellcome on Tuesday held its first talks with the government since the fierce row erupted over the safety of AZT, a Glaxo manager said.

an Electronic Mail & Guardian publication

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