ALQ MAG Oct 06.qxd
نویسنده
چکیده
Central to the HIV testing discourse are considerations of legal, constitutional, and human rights. In South Africa, everyone has the constitutionally guaranteed right to dignity (Constitution, Section 10), the right to privacy (Constitution, Section 14), and the right to autonomy and bodily integrity (Constitution, Section 12). Section 12(2)(c) of the Bill of Rights, protects everyone against ‘medical or scientific experiments without their informed consent’. Furthermore, Section 8(1) of the National Health Act (No 61 of 2003) states that ‘a person has the right to participate in any decision affecting his/her personal health and treatment’. Thus, with consideration of the aforementioned legally protected rights, when adopting a national HIV testing protocol, it is of paramount importance to select a model, which adheres to these rights. While each of the three models of HIV testing provides a number of advantages and disadvantages within a legal and human rights context, only voluntary HIV testing can be said to be grounded in an approach which adheres to the constitutionally guaranteed rights of South Africans.
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