Criminal liability for wilful HIV/AIDS infection: a comparative study
- Authors: Singh, Rajeshree
- Date: 2012
- Subjects: HIV infections -- Law and legislation , Communicable diseases -- Transmission -- Law and legislation , Crimes against humanity -- Law and legislation , Communicable diseases -- Prevention Sexually transmitted diseases -- Law and legislation , Exposure (Criminal law) -- Virus diseases
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10180 , http://hdl.handle.net/10948/d1012686 , HIV infections -- Law and legislation , Communicable diseases -- Transmission -- Law and legislation , Crimes against humanity -- Law and legislation , Communicable diseases -- Prevention Sexually transmitted diseases -- Law and legislation , Exposure (Criminal law) -- Virus diseases
- Description: South Africa‘s high prevalence of HIV/AIDS coupled with a high crime rate and incidence of sexual violence necessitated the enquiry and study into the role of criminal law to address the wilful transmission of HIV.1 This study shows that criminal law can be used to punish offenders for wrongdoing and therefore finds application in the wilful transmission of HIV.2 The study distinguishes the dividing line between the justifiable use of criminal law and where use of the criminal law becomes discriminatory in nature and counterproductive to public health measures. The United Nations (hereinafter referred to as the UN) laid down guiding principles for countries to adopt when using the criminal law and stated that countries should use existing criminal law offences to prosecute intentional HIV infections.3 The South African Law Commission (hereinafter referred to as the SALC) endorses this approach. South Africa‘s use of the criminal law, in response to harmful HIV behaviour is in line with the UN recommendations as it uses the existing common law offences to prosecute the wilful transmission of HIV, namely murder, attempted murder and assault. Drawing from the writer‘s comparative study in Chapter Six below, South Africa, members of the Zimbabwean parliament, Canada, as well as the American Bar Association have all concluded that the use of specific HIV-related legislation creates some a form of stigmatization towards people living with HIV and is therefore not warranted. This study shows that criminal law has a role to play in the wilful transmission of HIV; however the creation of HIV specific legislation is not recommended and existing criminal law offences should be used to address harmful HIV related behaviour. Such an approach is in line with the guiding principles laid down by the UN and SALC.
- Full Text:
- Date Issued: 2012
- Authors: Singh, Rajeshree
- Date: 2012
- Subjects: HIV infections -- Law and legislation , Communicable diseases -- Transmission -- Law and legislation , Crimes against humanity -- Law and legislation , Communicable diseases -- Prevention Sexually transmitted diseases -- Law and legislation , Exposure (Criminal law) -- Virus diseases
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10180 , http://hdl.handle.net/10948/d1012686 , HIV infections -- Law and legislation , Communicable diseases -- Transmission -- Law and legislation , Crimes against humanity -- Law and legislation , Communicable diseases -- Prevention Sexually transmitted diseases -- Law and legislation , Exposure (Criminal law) -- Virus diseases
- Description: South Africa‘s high prevalence of HIV/AIDS coupled with a high crime rate and incidence of sexual violence necessitated the enquiry and study into the role of criminal law to address the wilful transmission of HIV.1 This study shows that criminal law can be used to punish offenders for wrongdoing and therefore finds application in the wilful transmission of HIV.2 The study distinguishes the dividing line between the justifiable use of criminal law and where use of the criminal law becomes discriminatory in nature and counterproductive to public health measures. The United Nations (hereinafter referred to as the UN) laid down guiding principles for countries to adopt when using the criminal law and stated that countries should use existing criminal law offences to prosecute intentional HIV infections.3 The South African Law Commission (hereinafter referred to as the SALC) endorses this approach. South Africa‘s use of the criminal law, in response to harmful HIV behaviour is in line with the UN recommendations as it uses the existing common law offences to prosecute the wilful transmission of HIV, namely murder, attempted murder and assault. Drawing from the writer‘s comparative study in Chapter Six below, South Africa, members of the Zimbabwean parliament, Canada, as well as the American Bar Association have all concluded that the use of specific HIV-related legislation creates some a form of stigmatization towards people living with HIV and is therefore not warranted. This study shows that criminal law has a role to play in the wilful transmission of HIV; however the creation of HIV specific legislation is not recommended and existing criminal law offences should be used to address harmful HIV related behaviour. Such an approach is in line with the guiding principles laid down by the UN and SALC.
- Full Text:
- Date Issued: 2012
Detection of contaminants in wool bales using nuclear techniques
- Authors: Rapakgadi, Jim
- Date: 2009
- Subjects: Wool scouring , Mohair , X-rays
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10448 , http://hdl.handle.net/10948/993 , Wool scouring , Mohair , X-rays
- Description: To improve the quality and the marketability of wool and mohair, it is important to encourage, ensure and preferable certify that the baled fibre is free of contaminants. Anything other than the fibre that is within the bale can be classified as contaminants; this may be in the form of metal and wooden objects, plastic materials, paints, and vegetable matter such as grass and seed. The internationally accepted method for detecting and classifying these contaminants are highly labour intensive and costly. The ultimate goal of the present research is to develop a non-invasive and nondestructive technique that can be used to detect contaminants, particularly plastic (polymer) materials within wool and mohair bales. Such a technique can be implemented in the wool industry and also could be applied to other fibres, such as cotton. The immediate objective of this study was to evaluate the capability and the limitation of X-rays as a technique to detect such contaminants. It was found that X-rays were suitable for detecting foreign objects, or contaminants, such as metals, but not for detecting plastic materials, such as polypropylene and polyethylene.
- Full Text:
- Date Issued: 2009
- Authors: Rapakgadi, Jim
- Date: 2009
- Subjects: Wool scouring , Mohair , X-rays
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:10448 , http://hdl.handle.net/10948/993 , Wool scouring , Mohair , X-rays
- Description: To improve the quality and the marketability of wool and mohair, it is important to encourage, ensure and preferable certify that the baled fibre is free of contaminants. Anything other than the fibre that is within the bale can be classified as contaminants; this may be in the form of metal and wooden objects, plastic materials, paints, and vegetable matter such as grass and seed. The internationally accepted method for detecting and classifying these contaminants are highly labour intensive and costly. The ultimate goal of the present research is to develop a non-invasive and nondestructive technique that can be used to detect contaminants, particularly plastic (polymer) materials within wool and mohair bales. Such a technique can be implemented in the wool industry and also could be applied to other fibres, such as cotton. The immediate objective of this study was to evaluate the capability and the limitation of X-rays as a technique to detect such contaminants. It was found that X-rays were suitable for detecting foreign objects, or contaminants, such as metals, but not for detecting plastic materials, such as polypropylene and polyethylene.
- Full Text:
- Date Issued: 2009
A literature review of the factors impacting on objectivity in news journalism
- Authors: Yat, Gai Thurbil
- Date: 2007
- Subjects: Journalism -- Objectivity
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8376 , http://hdl.handle.net/10948/872 , Journalism -- Objectivity
- Description: Objectivity has been the most debatable issue in the history of journalism and there are, therefore, many different ways of looking at it. Media academics such as Gans (1979) and Tuchman (2000) refer to objectivity as an examination of contents of collected news materials. Glasser (1992) points out that objectivity is a balance of beliefs restructured by a journalist and presented against independent thinking. It is difficult to test the objectivity of journalists because it is the credibility of facts gathered by a journalist that lies at the heart of objectivity. In Glasser’s opinion, the “notion” of objectivity is flawed against the newsman’s mandate of reporting responsibly. Objectivity is therefore professional principle through which journalists write news responsibly and present it to their audience as a final product (Glasser, 1992). This study will discuss objectivity also in reference to the problems that journalists face when they cover news stories. It may be that journalists may have problems searching for stories not because they do not embrace journalistic principles of fairness, clarity and objectivity, but because of the way in which facts are presented to them by news sources (Fred and Wellman, 2003). There have been some cases whereby media audiences have wrongly been made to think that journalists are biased in their coverage. 2 For example, the 2003 Iraq invasion by US-led forces, where correspondents were made to practice embedded journalism is a good example of how circumstances could force a journalist to succumb to soldiers’ demands of keeping their war causalities away from their cameras. It is worth noting, however, that being biased for a journalist in such a war situation could be circumstantial in the sense that an American journalist covering a story in Iraqi’s capital, Baghdad, would be regarded as a spy by Iraqi’s troops. Likewise, an Iraqi journalist chasing stories in the coalition force’s camps in Iraqi’s capital would be treated as a traitor by the Iraqi people (Fred and Wellman, 2003:21). There is no doubt that in the situations described above objectivity in journalism can be affected. It is against such background that this study will investigate the factors that affect objectivity in the print media. It is vitally important to bear in mind that bias should not be confused with editorial columns that express the opinion of publishers, or editors for that matter. The question of objectivity goes back to the gatekeepers, whereby the editors as gatekeepers decide what to publish and what news stories reporters should gather. So the question of objectivity in the news can be dealt with by the editors who decide which story should be run by their respective newspapers. According to Fred and Wellman (2003:32), editors and media owners are the decision makers in the field of journalism.
- Full Text:
- Date Issued: 2007
- Authors: Yat, Gai Thurbil
- Date: 2007
- Subjects: Journalism -- Objectivity
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:8376 , http://hdl.handle.net/10948/872 , Journalism -- Objectivity
- Description: Objectivity has been the most debatable issue in the history of journalism and there are, therefore, many different ways of looking at it. Media academics such as Gans (1979) and Tuchman (2000) refer to objectivity as an examination of contents of collected news materials. Glasser (1992) points out that objectivity is a balance of beliefs restructured by a journalist and presented against independent thinking. It is difficult to test the objectivity of journalists because it is the credibility of facts gathered by a journalist that lies at the heart of objectivity. In Glasser’s opinion, the “notion” of objectivity is flawed against the newsman’s mandate of reporting responsibly. Objectivity is therefore professional principle through which journalists write news responsibly and present it to their audience as a final product (Glasser, 1992). This study will discuss objectivity also in reference to the problems that journalists face when they cover news stories. It may be that journalists may have problems searching for stories not because they do not embrace journalistic principles of fairness, clarity and objectivity, but because of the way in which facts are presented to them by news sources (Fred and Wellman, 2003). There have been some cases whereby media audiences have wrongly been made to think that journalists are biased in their coverage. 2 For example, the 2003 Iraq invasion by US-led forces, where correspondents were made to practice embedded journalism is a good example of how circumstances could force a journalist to succumb to soldiers’ demands of keeping their war causalities away from their cameras. It is worth noting, however, that being biased for a journalist in such a war situation could be circumstantial in the sense that an American journalist covering a story in Iraqi’s capital, Baghdad, would be regarded as a spy by Iraqi’s troops. Likewise, an Iraqi journalist chasing stories in the coalition force’s camps in Iraqi’s capital would be treated as a traitor by the Iraqi people (Fred and Wellman, 2003:21). There is no doubt that in the situations described above objectivity in journalism can be affected. It is against such background that this study will investigate the factors that affect objectivity in the print media. It is vitally important to bear in mind that bias should not be confused with editorial columns that express the opinion of publishers, or editors for that matter. The question of objectivity goes back to the gatekeepers, whereby the editors as gatekeepers decide what to publish and what news stories reporters should gather. So the question of objectivity in the news can be dealt with by the editors who decide which story should be run by their respective newspapers. According to Fred and Wellman (2003:32), editors and media owners are the decision makers in the field of journalism.
- Full Text:
- Date Issued: 2007
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