HIV/Aids

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.

C. Specific application of the law
Employers may not discriminate against HIV-positive employees or victimise them in any way.

Non-disclosure of HIV status may constitute rape
Sexually active, HIV-positive South Africans may soon be held accountable for rape if they do not disclose their HIV status to their sexual partners.

Sex work and the law
The decriminalisation of sex work is not only about human rights, but could also be a valuable tool in the fight against HIV, experts say.

B. The basic rights of people living with HIV/Aids
People living with HIV infection and AIDS should have the same basic rights and responsibilities as those which apply to all citizens of the country.

D. Management and policy issues
The Occupational Health and Safety Act of 1993 requires that employers (as far as it is reasonably practicable) create a safe working environment. It is also the responsibility of employers to develop policies and programmes to educate and protect their employees. This is not only a legal obligation: it is also an ethical obligation.

HIV+? Get life cover
Over 5 million South Africans live with HIV/Aids. Until recently, getting life cover just wasn’t an option. Now it is.