The effective use of legal protection to combat stigma and discrimination related to HIV and AIDS in a workplace: a case study in kwa Zulu Natal
- Authors: Ndobeni, Zoliswa Nomawesile
- Date: 2018
- Subjects: AIDS (Disease) -- Law and legislation , Medical policy -- legislation & jurisprudence Public health -- legislation & jurisprudence HIV-positive persons -- Employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/32804 , vital:32365
- Description: Stigma and discrimination continue to be the leading cause of everyday cases of new HIV/AIDS infections in spite of the current legal and medical interventions available. The purpose of the study is to explore the effective use of legal protection in combating stigma and discrimination related to HIV/AIDS in the workplace. When it comes to fighting discrimination and stigma against people living with HIV/AIDS, it is still a challenge as these aspects prevent people from coming forward for testing and for prevention as well as treatment service. The rationale for conducting the study is to examine the relationship of the human rights as per the Constitution of South Africa and the spread and impact of HIV/AIDS on individuals in the workplace. The study is of significance to conduct as the research will further provide knowledge and awareness to both the employer and employee regarding the legal framework pertaining to HIV/AIDS and perhaps unintentional consequences of the legal framework to both the employer and employee concerning productivity and growth. Various legal frameworks were determined to address HIV pandemic in South Africa which constitutes one of the utmost challenges facing the nation as well as benchmarking international law. The structure and functioning of the workplace is a key possibility to address developmental inequities in South Africa. This includes the development of healthcare centres in the workplace. HIV testing involves a great deal of risks and consequences that may not be apparent to the patient. Hence, informed consent is required. Policies and guidelines have been put in place to protect employees. HIV clinicians now argue that HIV testing should be presented as a routine procedure, to remove social barriers and stigma. The present study recommends various programmes that may assist in minimizing stigma and discrimination of people living with HIV. This stigma prevent persons from testing for HIV status. The study also seeks to evaluate and review current policies concerning HIV/AIDS.
- Full Text:
- Date Issued: 2018
- Authors: Ndobeni, Zoliswa Nomawesile
- Date: 2018
- Subjects: AIDS (Disease) -- Law and legislation , Medical policy -- legislation & jurisprudence Public health -- legislation & jurisprudence HIV-positive persons -- Employment -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/32804 , vital:32365
- Description: Stigma and discrimination continue to be the leading cause of everyday cases of new HIV/AIDS infections in spite of the current legal and medical interventions available. The purpose of the study is to explore the effective use of legal protection in combating stigma and discrimination related to HIV/AIDS in the workplace. When it comes to fighting discrimination and stigma against people living with HIV/AIDS, it is still a challenge as these aspects prevent people from coming forward for testing and for prevention as well as treatment service. The rationale for conducting the study is to examine the relationship of the human rights as per the Constitution of South Africa and the spread and impact of HIV/AIDS on individuals in the workplace. The study is of significance to conduct as the research will further provide knowledge and awareness to both the employer and employee regarding the legal framework pertaining to HIV/AIDS and perhaps unintentional consequences of the legal framework to both the employer and employee concerning productivity and growth. Various legal frameworks were determined to address HIV pandemic in South Africa which constitutes one of the utmost challenges facing the nation as well as benchmarking international law. The structure and functioning of the workplace is a key possibility to address developmental inequities in South Africa. This includes the development of healthcare centres in the workplace. HIV testing involves a great deal of risks and consequences that may not be apparent to the patient. Hence, informed consent is required. Policies and guidelines have been put in place to protect employees. HIV clinicians now argue that HIV testing should be presented as a routine procedure, to remove social barriers and stigma. The present study recommends various programmes that may assist in minimizing stigma and discrimination of people living with HIV. This stigma prevent persons from testing for HIV status. The study also seeks to evaluate and review current policies concerning HIV/AIDS.
- Full Text:
- Date Issued: 2018
Human rights implications of the compulsory HIV/AIDS testing policy: a critical appraisal of the law and practice in South Africa, Uganda and Canada
- Authors: Chiringa, Kudakwashe E M
- Date: 2013
- Subjects: HIV infections -- Prevention , HIV-positive persons -- Civil rights , AIDS (Disease) -- Patients -- Legal status, laws, etc. , AIDS (Disease) -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11106 , http://hdl.handle.net/10353/d1017298 , HIV infections -- Prevention , HIV-positive persons -- Civil rights , AIDS (Disease) -- Patients -- Legal status, laws, etc. , AIDS (Disease) -- Law and legislation
- Description: HIV/AIDS has been an obstacle to socio-economic development and a major cause of loss of human life. It has also caused vast inequities and frustration to the public health sector. One of the significant efforts made by the public health sector to combat the epidemic is the implementation of a mandatory HIV/AIDS testing policy to scale-up HIV treatment. This dissertation examines the impact of this policy on the human rights of people infected with and affected by HIV/AIDS. Coercive government policies aimed at controlling the AIDS pandemic often infringe on the rights of individuals known to be or suspected of living with HIV/AIDS and this decreases the effectiveness of public health measures. The research methodology involved the study of written literature and a comparative literature study of the law and practice obtaining in South Africa, Uganda and Canada. It revealed that voluntary testing is effective and suitable in South Africa. This dissertation aimed to show that any public health approach that aims to achieve a comprehensive prevention strategy must be consistent with respect for human rights as enshrined in regional and international human rights law. Public health and human rights should, therefore, not be regarded as opposing forces; rather they should be seen as a unified system of protection of human welfare under the Bill of Rights and the Constitution. The solution to the crisis lies not only in testing every single person but also requires a shift of focus to more pressing issues that include gender equality, stigma and discrimination; prioritizing human rights, institutional capacity and resources; and an end to extreme poverty. A human rights-based approach to HIV/AIDS testing, such as the Voluntary Counselling and Testing (VCT) is recommended. Therefore, failure to adhere to the core principles of testing - which are informed consent, counselling and confidentiality of the test result - will only hinder the global fight against HIV/AIDS. The rights of those affected by HIV/AIDS need to be protected in order to address public health imperatives. This can be done through the use of the law as an instrument of social change as well as education and awareness. Key words, HIV/AIDS, mandatory testing, Voluntary Counselling and Testing, public health, human rights-based approach.
- Full Text:
- Date Issued: 2013
- Authors: Chiringa, Kudakwashe E M
- Date: 2013
- Subjects: HIV infections -- Prevention , HIV-positive persons -- Civil rights , AIDS (Disease) -- Patients -- Legal status, laws, etc. , AIDS (Disease) -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11106 , http://hdl.handle.net/10353/d1017298 , HIV infections -- Prevention , HIV-positive persons -- Civil rights , AIDS (Disease) -- Patients -- Legal status, laws, etc. , AIDS (Disease) -- Law and legislation
- Description: HIV/AIDS has been an obstacle to socio-economic development and a major cause of loss of human life. It has also caused vast inequities and frustration to the public health sector. One of the significant efforts made by the public health sector to combat the epidemic is the implementation of a mandatory HIV/AIDS testing policy to scale-up HIV treatment. This dissertation examines the impact of this policy on the human rights of people infected with and affected by HIV/AIDS. Coercive government policies aimed at controlling the AIDS pandemic often infringe on the rights of individuals known to be or suspected of living with HIV/AIDS and this decreases the effectiveness of public health measures. The research methodology involved the study of written literature and a comparative literature study of the law and practice obtaining in South Africa, Uganda and Canada. It revealed that voluntary testing is effective and suitable in South Africa. This dissertation aimed to show that any public health approach that aims to achieve a comprehensive prevention strategy must be consistent with respect for human rights as enshrined in regional and international human rights law. Public health and human rights should, therefore, not be regarded as opposing forces; rather they should be seen as a unified system of protection of human welfare under the Bill of Rights and the Constitution. The solution to the crisis lies not only in testing every single person but also requires a shift of focus to more pressing issues that include gender equality, stigma and discrimination; prioritizing human rights, institutional capacity and resources; and an end to extreme poverty. A human rights-based approach to HIV/AIDS testing, such as the Voluntary Counselling and Testing (VCT) is recommended. Therefore, failure to adhere to the core principles of testing - which are informed consent, counselling and confidentiality of the test result - will only hinder the global fight against HIV/AIDS. The rights of those affected by HIV/AIDS need to be protected in order to address public health imperatives. This can be done through the use of the law as an instrument of social change as well as education and awareness. Key words, HIV/AIDS, mandatory testing, Voluntary Counselling and Testing, public health, human rights-based approach.
- Full Text:
- Date Issued: 2013
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