ABSTRACT

This chapter explores the fulfilment of State's obligations in terms of adequately addressing the disablement challenges facing People Living with HIV (PLHIV) through social security provisioning. It presents the disability framework outlined in the United Nations Declaration on the Rights of People with Disability (CRPD), as well as the International Covenant on Economic, Social and Cultural Rights (ICESCR). The rapid expansion of antiretroviral therapy has played an integral role in the global response to the AIDS pandemic and has played a pivotal role in prolonging the lives of many PLHIV. Preventative measures in terms of access to adequate socio-economic conditions thus play an integral role in reducing the onset of disablement challenges faced by PLHIV. The South African constitutional court case of Grootboom is analyzed with a view to highlighting how it impacted on the South African socio-economic provisioning discourse as well as implications globally.