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09 May 2003

A. The Constitution and the legal framework

The Bill of Rights (which is part of the South African Constitution) enunciates a number of basic human rights which apply to all citizens and which therefore also protect people living with HIV/AIDS.

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The Bill of Rights (which is part of the South African Constitution) enunciates a number of basic human rights which apply to all citizens and which therefore also protect people living with HIV/AIDS. According to the Constitution, people have the following rights:

  • the right not to be unfairly discriminated against, either by the state or by another person
  • the right to bodily and psychological integrity, which includes the right to security and control over the body
  • the right not to be subjected to medical or scientific experiments without the person’s own informed consent
  • the right of access to health care services, including reproductive health care
  • the right not to be refused emergency medical treatment
  • the right to information and a basic education
  • the right to privacy
  • the right not to have the privacy of one’s communications infringed.
 
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