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1
Singh, Rajeshree. "Criminal liability for wilful HIV/AIDS infection: a comparative study." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012686.
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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.
2
Tadesse, Mizanie Abate. "HIV testing from an African Human Rights System perspective : an analysis of the legal and policy framework of Botswana, Ethiopia and Uganda." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5928_1210839992.
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The HIV/AIDS pandemic poses the greatest threat to Africa's efforts to achieve its full potential in the social, economical and political spheres. Cognizant of its devastating consequences, various mechanisms have been designed to address the issue of HIV/AIDS in Africa. This thesis addressed the question: 'Are the legislations and policies of Ethiopia, Botswana and Uganda providing for various modalities of HIV testing consistent with human rights as enshrined under African Human Rights system?' The author of this dissertation critically analyzed the African human rights instruments and the relevant domestic legislation and policies of the three countries.
3
Poggenpoel, Jerome Mark. "HIV in the workplace: a critical investigation into the present legislative protection afforded to the HIV positive employee." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3090_1184766896.
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This thesis examined to what extent the current legislation protects the HIV positive employee against unfair discrimination and dismissal. The study gave short medical background to HIV/AIDS and introduced HIV discrimination by giving the historical background to HIV related discrimination. From this, the extent of stigmatization against this group was introduced.
4
Lim, Wei Siang, and 林煒翔. "A comparative assessment of different legal systems and its impact on HIV/AIDS responses: a learning point for HongKong in the unabated fight against HIV/AIDS." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B48424638.
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Aim. This paper reveals key considerations required to reform and enact public health legislation to reduce and maintain the low prevalence of Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) in Hong Kong Special Administrative Region (HKSAR), in light of the growing global transmission of the epidemic.
Background. There are a total of 33.3 million people living with HIV/AIDS globally, with 2.7 million becoming newly infected in 2010. Despite an overall global decline in HIV incidence of 19%, the number of newly infected people still exceeds the amount of people placed on antiretroviral drugs. HKSAR experienced a 0.5% increase in incidence in 2011, with 438 new cases reported to the Department of Health. There are currently no protective or punitive laws either for or against people living with HIV/AIDS, Men who have sex with men (MSM), sex workers or injecting drug users in HKSAR. Additionally, HIV/AIDS is not reportable under the notifiable disease act.
Methods. The data used was collected between 1983 and 2012 and researched using electronic databases: MEDLINE, Google Scholar and Web of Science.
Results. Ten studies met the inclusion criteria. The themes identified from the literature are: (1) True prevalence not reflected due to unawareness of serostatus, (2) Low uptake of screening due to the fear of stigmatisation, discrimination and/or prosecution and (3) Protective laws encourage responsibility. The statistics of HIV/AIDS in HKSAR may not be reflective of the true prevalence given the current methods of data collection. Additionally, the legal system in HKSAR fails to protect against discrimination based on an individual’s sexual orientation, which can potentially exacerbate existing stigma and consequently fuel the HIV/AIDS epidemic in Hong Kong.
Conclusion. The inclusion of HIV/AIDS under the notifiable disease act can provide a more accurate prevalence and incidence rate. It can also be used as a tool to evaluate ongoing prevention efforts. HIV/AIDS specific laws, with regard to transmission and exposure, are detrimental to public health efforts in managing the epidemic. Instead, protective laws, such as anti-discrimination laws and the furthering of women’s rights, would yield greater benefits.published_or_final_version
Public Health
Master
Master of Public Health
5
Minahan, Wade Thomas. "Sometimes you have to talk first : Ohio's HIV criminalization statutes /." abstract and full text PDF (UNR users only), 2007. http://0-gateway.proquest.com.innopac.library.unr.edu/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:1451076.
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Thesis (M.J.S.)--University of Nevada, Reno, 2007."December, 2007." Includes bibliographical references. Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2008]. 1 microfilm reel ; 35 mm. Online version available on the World Wide Web.
6
Billiet, Hilde. "HIV-Infektionen durch Bluttransfusionen im französischen Haftungsrecht /." Osnabrück : Universitätsverlag Rasch, 2000. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=008931525&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Myburgh, Rene. "The criminalization of HIV/AIDS : a comparative analysis." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020754.
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The Human Immunodeficiency Virus (HIV)1 and the Acquired Immunodeficiency Syndrome (AIDS)2 have become a global epidemic. With an average of 35.3 million people infected with the virus worldwide, countries are desperate to curb HIV infections.3 Most HIV positive men, women and children are found in Sub-Saharan Africa.4 In an attempt to fight HIV/AIDS, some countries have opted for an approach of criminalization, where it is a crime to infect or expose another person to the virus.5 Other countries, such as South Africa, have chosen to avoid the criminalization approach, and to focus rather on public health schemes that can assist in the prevention of transmission. The United Nations (UN) has stated that overly broad application of criminal law to HIV raises serious human rights and public health concerns.7 Because of these concerns, the Joint United Nations Programme on HIV/AIDS (UNAIDS) has urged states to limit application of criminal law to HIV-related cases.8 Furthermore, UNAIDS has urged states to rather employ scientifically proven methods to prevent HIV transmission. This treatise will set out the laws adopted by Canada, Zimbabwe, the United Kingdom, New Zealand and South Africa. Out of all five countries, South Africa is the only country that does not criminalize HIV transmission or exposure.10 In setting out the common law, statute law, case law as well as academic considerations, this treatise will attempt to identify trends in the current criminalization of HIV climate. In addition to setting out the law in the five countries, this treatise seeks to show that South Africa is one of the few countries with a developed legal system to shy away from criminalization. This treatise also seeks to establish whether South Africa’s approach is a suitable option for the country, considering it boasts the highest HIV infection rate in the world.
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Rangoato, Sello Joshua. "Discrimination based on HIV/AIDS status in the workplace." Thesis, University of Limpopo, Turfloop Campus, 2013. http://hdl.handle.net/10386/1108.
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Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013This mini-dissertation outlines the protection of rights of people living with HIV/AIDS in the workplace. It will highlight the fact that people living with HIV/AIDS can perform the work as long as they medically fit. It will show the need to promote anti discriminatory laws in the workplace. People think that HIV/AIDS can be transmitted through casual contact but that will be shown in the study that HIV/AIDS can not be transmitted by casual contact. The mini-dissertation also outlines the need to educate employees about their rights more particularly those living with HIV/AIDS in the workplace. Therefore policies such as affirmative action must be implemented to affirm several advantages to people living with HIV/AIDS. Equality is what people must enjoy in the country in terms of section 9 of the Constitution including people living with HIV/AIDS.
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Rhoda, Gary. "The decriminalisation of prostitution in South Africa : towards a legal framework." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7217_1308124588.
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This mini-thesis seeks to provide a substantiation for the need for a new legal framework for South Africa in order to address prostitution. It will argue that the current legal framework has failed in its desired aims and in addressing prostitution effectively. This mini-thesis critically analyses the underlying reasons for prostitution in South Africa and discovers that it is influenced by a myriad of interrelated factors. The current level of poverty and the prevailing socio-economic paradigm in South Africa have contributed to its complex nature. The demand for prostitution acts as a catalyst for both the further exploitation of prostitutes and women, while making them vulnerable to sexually transmitted diseases. I establish that criminalisation alone is not sufficient to address prostitution, especially given the HIV/AIDS epidemic.
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Ndawula, Barnabas. "Criminalisation of HIV/AIDS in South Africa: a critical look at the Criminal Law (Sexual offences and related matters) Amendment Act 32 of 2007." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1280.
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Human Immuno Virus (HIV) and Acquired Immuno Deficiency Syndrome (AIDS) have formed part of the South African landscape since the first report in 19831and today South Africa is reported to be the country with the highest number of people living with HIV/AIDS in the World2. This state of affairs, in combination with South Africa’s high sexual crime rate resulted in a general public out-cry with calls for the government and the legislature to enact laws to stem the spread of HIV/AIDS3. Government and the legislature finally responded by way of promulgating the criminal law (sexual Offences and related matters) Amendment Act4 (hereinafter the sexual Offences Act). The Sexual Offences Act inter alia provides for the compulsory testing of alleged offenders of sexual crimes5 This treatise will show that chapter five of the sexual Offences Act, indirectly criminalises HIV/AIDS, and that this is not desirable. It will be submitted that the criminalisation of HIV is against the stated UNAIDS policy 6 It is finally submitted in this treatise that South Africa should repeal all provisions in its law that directly or indirectly criminalises HIV/AIDS transmission and instead follow both and is a deterrent to public health methods of curbing the epidemic, while at the same time exacerbates the spread of the epidemic by forcing people who are HIV positive not to openly come out. It will be argued in the use of criminal law against the transmission of HIV creates stigma and is also an attack on individual human rights. The study will also show that the supposed marginalised persons, such as women and children are not protected by the use of criminal law in the prevention of HIV transmission, contrary to the arguments of the proponents of those who support the use of criminal law. The study will show that far from protecting these marginalised groups of people, criminalisation of HIV transmission, does in fact hurt them the UNAIDS policy and the South African development corporation (SADC) Model Law on HIV and AIDS.
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Chiringa, Kudakwashe E. M. "Human rights implications of the compulsory HIV/AIDS testing policy: a critical appraisal of the law and practice in South Africa, Uganda and Canada." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/d1017298.
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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.
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Weber, Hedda Anne. "Comparison of the legal protection standards of HIV-infected public employees in Canada and the United States." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30334.
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This thesis examines the legal protection of public employees who are HIV-infected or have AIDS in Canada and the United States. Emphasis is placed on the dealing with mandatory HIV-testing schemes in each country. To this end, the first section presents medical facts about the disease itself, the transmission risks, and testing methods as ethical considerations about HIV-testing schemes. The second section addresses the protection standards guaranteed by the Constitution of the United States and compares them to the standards set out by the Canadian Charter of Rights and Freedoms . Finally, the third section compares protection offered under the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Canadian Human Rights Act.
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Agulhas, Jaclyn Margaret. "International labour standards and international trade :can the two be linked?" Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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In this paper I delve into the connection between trade policy and labour rights as probably one of the most controversial issues, which the international trading system is faced with today. Labour laws differ from country to country and of course it is a cause for concern where some countries have higher standards than others, it becomes problematic for these countries with high standards to compete with countries with lower standards. Even though there is a definite link between trade and labour, my argument is that incorporating labour standards into the international trading system is not the best way forward to deal with the problem of abuse of labour standards.I further investigate the two organizations at the forefront of this debate, being the WTO and the ILO. In an attempt to ascertain which of the two is the best forum to deal with the issue I further look at the relationship between these two organizations. Compliance with international labour standards is a growing concern as worldwide standards are deteriorating and nothing is being done to alleviate the problem. Accordingly, I explore the causes for the abuse of labour standards and seek to find the better alternative, by looking at the respective positions of the parties who are for and against the linkage of trade with labour standards. Here the views and concerns of the developed world are weighed up against those of the developing world and looking at possible alternatives concludes the paper.
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Bester, Juan. "The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53144.
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Thesis (MA)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.
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Watchirs, Helen Mary. "Measuring legal implementation of international human rights norms in the context of HIV/AIDS." Phd thesis, 2001. http://hdl.handle.net/1885/151048.
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Ojienda, Tom Odhiambo. "HIV/AIDS and the labour sector : examining the role of law in protecting the HIV positive worker in Kenya." Thesis, 2010. http://hdl.handle.net/10500/3617.
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Kenyan labour laws inadequately protect HIV positive worker. The Constitution of Kenya, 1963, does not prohibit stereotypical attitudes adverse to HIV positive workers and discrimination on the basis of health status. It does not provide for the right to employment, health and health care services, and fails to delimit privacy and dignity rights. Under the Industrial Property Act, 2001, the basis for Government exploitation of patent through compulsory licensing is whimsical and parallel importing is not envisaged. Employers unilaterally draft employment contracts notwithstanding their unequal power relations to employees. The HIV and AIDS Tribunal institutionalises discrimination against HIV positive workers on the basis of the ambiguous ‘inherent job requirements.’ Plausible international labour laws and practices have no place in Kenya unless they are domesticated.
SUMMARY
This thesis interrogates the Kenyan labour laws and policies to identify their inefficiencies and suggest recommendations for reform. It commences with an analysis of the topical issues associated with the HIV positive worker. It then examines the extent of prevalence and ramifications of HIV/AIDS in Kenya. Subsequently, it studies the efforts made at the international and domestic arena in protecting the HIV positive worker. A comparative analysis is made of the laws protecting the HIV positive worker in a number of countries, namely, South Africa, United States of America and Australia.
The thesis draws conclusions and recommends measures on how best to protect the Kenyan HIV positive worker. The labour laws should be amended to prohibit discrimination on the basis of health status, provide for right to affordable medication and work, allow negotiation of employment contracts, list international laws that Kenya ratifies without reservation as a source of law and delimit the concept of ‘inherent requirements of a job.’ The public should be sensitised to embrace HIV positive workers. Once the new Constitution is enacted, it should list socio-economic rights as fundamental rights and reform the office of the ombudsman to deal with complaints against private employers.(LL.D.)
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Krishna, Renay. "HIV/AIDS and the law in South Africa : the legislative responses to HIV/AIDS in employment law and their impact in the workplace : a case study of the Durban Metropolitan Unicity Municipality." Thesis, 2001. http://hdl.handle.net/10413/5436.
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This research focused on the legal response to the HIV/ AIDS epidemic in South Africa. The response adopted by the South African legislators embraces the protective model of the law. The philosophy underpinning this legislation is to engender respect for individuals and to promote human rights and in the context of HIV/AIDS, reduce the presence of stigmas and discrimination. Such an approach is commendable however in South Africa given the nature and extent of the crisis a more proactive legal response is required. Such a response is encapsulated within the empowerment model of legislation. The aim of this research was to demonstrate the need for such an approach in a work environment. In order to do so, a study of the Durban Metropolitan Unicity Municipality was undertaken. As a public institution such an entity is obliged to follow all employment laws and guidelines. This characteristic ensures that problems and advantages that arise regarding the implementation of protective legislation can be easily ascertained. The research was conducted by using a case study approach within a qualitative research methodology. The snowball method of sampling was relied on for obtaining respondents and the data collection technique adopted was interviewing specifically, semi-structured interviewing. Members of the Durban Metropolitan Unicity Municipality were interviewed on the primary aspects of its workplace policy on HIV/AlDS, which is based on the guiding principles of the protective employment laws of South Africa. The main findings of this research suggest that the protective model of legislation has not achieved a noteworthy level of success in the workplace of the Durban Metropolitan Unicity Municipality. This finding is derived from the Iow levels of awareness of employment legislation and the workplace policy, high incidence of discrimination prevalent and stigmas still attached to one's HIV/AlDS status, and general dissatisfaction with specific provisions of the workplace policy that are based on the principles of protective employment legislation. An alternative legal response was advocated namely, the empowerment model of legislation which is much more proactive in its application. This model of law focuses on the legal empowerment of people and is conducive to stimulating positive social changes.Thesis (M.Dev.Studies)-University of Natal, Durban, 2001.
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Nyawose, Gugu. "Attitudes of students towards individuals with HIV/AIDS : an investigation on the University of Zululand, KwaDlangezwa campus." Thesis, 2001. http://hdl.handle.net/10530/1027.
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A dissertation submitted in partial fulfillment of the requirements for the Degree of master of Arts (Clinical Psychology) in the Departmnet of Psychology at the University of Zululand, South Africa, 2001.The need to carry out research on attitudes towards people with HIV/AIDS stems from a concern about the increasing hostility and prejudice towards people with HIV/AIDS. The main purpose of this study was to examine the attitudes of tertiary education students towards people with HIV/AIDS. The study also intended to astain whether there are any gender difference in attitude of the sample towards individuals with HIV/AIDS. The questionnaire was administered to 286 students that were attending the University of Zululand. Likert Scale was used to measure the attitudes. The findings of the study was that the general attitude of students of Zululand University towards people with H1V7AIDS was positive. Another finding was that there were no differences between males and females attitude towards people with HTV/A1DS.
Centre for Science Development
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Lüneburg, Liezel. "Die impak van die MIV/VIGS-pandemie op sekere aspekte van die Suid-Afrikaanse kinderreg." Thesis, 2008. http://hdl.handle.net/10500/2419.
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Text in AfrikaansDie MIV/vigs-pandemie in Suid-Afiika- van die ergste in die wereld- toon geen tekens van afname nie. Miljoene kinders is reeds of wees gelaat of hewig geaffekteer deur die magdom impakte daarvan op gesinne en gemeenskappe. Die epidemie het voortdurend stygende sterftesyfers tot gevolg en die hewige las van die siekte rus swaar op MIV-positiewe sowel as MIV-negatiewe individue. Verder word tradisionele ondersteuningsnetwerke oorbelaai en/of gaan hulle tot niet. Gesinne en gemeenskappe verloor hul ekonomiese, sosiale en kulturele lewensvatbaarheid. Die pandemie hou, veral onder die armes, 'n geweldige bedreiging vir die gesondheid, welstand en regte van babas, kinders en jongmense in. 'n Groot gedeelte van die impak van MIV/vigs hou verband met die feit dat sommige kinders en hul gesinne beperkte toegang tot die elemente van 'n gesonde omgewing en goeie gesondheid het. Regerings, gemeenskappe en gesinne wat deur MIV/vigs geraak word, het minder tyd, energie en finansiële hulpbronne beskikbaar om op voorkomende gesondheidsorg te fokus. Benewens die impak op gesondheidstatus, word kinders se omstandighede ook as gevolg van MIV/vigsverwante probleme bemoeilik. Dit sluit verhoogde gesinsarmoede, 'n hoer risiko van verlating en weeslating, geforseerde migrasie, onterwing, sielkundige trauma, uitsluiting en diskriminasie, en fisiese en seksuele mishandeling in. Die derde vlaag van die epidemie, welke vlaag nou betree word, word gekenmerk deur 'n ontsettende hoe sterftesyfer, 'n ontploffing in die getal sorgbehoewende en weeskinders en 'n verhoging in menslike pyn en lyding. Die reg speel 'n baie belangrike rol in die beperking van hierdie impak van die MIV/vigs-pandemie op die lewens van alle kinders. MIV/vigs-reg is in die proses van evolusie of vorming en reeds bestaande teorieë kan aangewend word ten einde sekere vrae te beantwoord en probleme daaromtrent aan te spreek. Tog is daar 'n dringende behoefte aan MIV/vigs-spesifieke wetgewing en teorieë ten einde die impak van die pandemie op alle vlakke suksesvol te beheer. Verder het die Kinderreg so 'n mate van ontwikkeling bereik dat daar algemeen aanvaar word dat kinders 'n spesiale belangegroep binne die gemeenskap vorm. Die regsreëls met betrekking tot kinders verander gedurig en is ook nie geskik om volgens die tradisionele wyse, as privaat- of publiekreg, geklassifiseer te word nie. In die hieropvolgende proefskrif word die impak van MIV/vigs op sekere publiekregtelike, maar oorwegend privaatregtelike aspekte van die Suid-Afiikaanse kinderreg ondersoek, sowel as enkele metodes waarop die reg moontlik hierdie impak kan absorbeer en hanteer. Daar word ook in aparte hoofstukke na die impak van MIV/vigs op die lewens van kinders. sorgbehoewende kinders, egskeiding en die ouer-kind-verhouding verwys The HIV/aids pandemic in South Africa - one of the worst in the world - does not seem to be decreasing. Millions of children have already been either orphaned or heavily affected by the numerous impacts on families and communities associated with it. The epidemic brings on an ever-increasing mortality rate and the extreme burden thereof weighs down heavily on HIV-positive as well as HIV-negative individuals. Traditional support networks are further being heavily burdened or perish entirely. Families and communities lose their economical, social and cultural viability. The pandemic threatens, especially among the poorest, the health, wellbeing and rights of infants, children and young people. The impact of HIV/aids is to a great extent the result of the fact that some children and their families do not have sufficient access to a healthy environment and good health. Governments, communities and families affected by HIV/aids have less time, energy and financial resources available in order to enable them to focus on preventive healthcare. In addition to the impact on health status, children's circumstances are also being encumbered by HIV/aids-related problems, including family poverty, a higher risk of being abandoned or orphaned, forced migration, disinheritance, psychological trauma, ostracism and discrimination and physical and sexual abuse. The third wave of the epidemic, which wave is presently being experienced, is characterised by a high mortality rate, an increasing amount of children in need of care and orphaned children and an increase in human pain and suffering. The law plays an important role in the limitation of the impact of the HIV/aids pandemic on the lives of children. HIV/aids law is in the process of evolution or forming and existing theories can be used in order to answer certain questions and address certain issues relating to it. However, there is an urgent need for HIV/aids-specific legislation and theories in order to successfully manage the impact of the pandemic on all levels. Child law has also reached such an extent of development that children is now viewed as a special interest group within the community. The legal principles regarding children change constantly and cannot be classified in the traditional way, which is either as private or public law. In this thesis the impact of HIV/aids on certain aspects of the public and private law pertaining to children is examined. Ways in which the impact can be absorbed and managed by the law is also examined. The impact of HIV/aids on divorce, the parent-child relationship, children in need of care, and the impact of HIV/aids on the lives of children is examined in separate chapters.
Jurisprudence
LL. D.
20
Nannoolal, Dion. "A critical analysis of South Africa's labour laws relating to HIV/AIDS and employment equity and its inconsistencies with international laws." Thesis, 2003. http://hdl.handle.net/10413/4226.
Full textAbstract:
The current South African labour laws have evolved through decades of transitions. It
originated from an autocratic employment relationship to the fight for worker rights and
finally, to the equal rights and freedom of workers. However the rights of workers were
always regulated by the idiosyncrasies and oppression of the political fabric of this
country. One of the greatest contributing factors that enhanced worker confidence is the
introduction of the previous Interim Constitution and the now, Final Constitution, which
provided for equality for all South African citizens. All such laws have impacted
intensely on the South African labour framework. Currently, we exist in a country where
there are laws that ensure worker protection.
On the face of it, the labour laws are clearly democratic. However, in practice, there exist
many gaps in the law. This study is primarily based on identifying the areas of the labour
laws where such laws do not adequately cater for the South African population and its
diversities, and where it is not consistent with the International Labour standards. Major
emphasis will be placed on the application of the law and the intention behind the drafters
of such legislation.
One area of focus is the application of the law to the HIV/AIDS crisis in South Africa.
HIV/AIDS is seen as an epidemic that is adversely penetrating the workforce and a
company's productivity. The disease itself is growing at an enormous pace and already, a
small percentage of the population is affected by it. The disease inevitably leads to a drop
in a company's output through the increase in employee absenteeism and deaths, and it
also obligates employers to re-arrange their staff or hire new staff. Companies have been
forced to change their policies and to create awareness in the workplace to adequately
cater for workers who suffer from this epidemic. The laws itself have not made sufficient
provision for applying itself to the growth in the percentage of AIDS employees. With a
large percentage of the workforce having the disease, there has not been sufficient
protection of such persons and their families. There are three stages in the HIV/AIDS
cycle and the last stage weakens employees to the extent that they are unable to work.
And with medical costs being as high as it is today, it won't be long before such
employees lack the financial means to survive. Hence there is little protection to workers
after contracting the AIDS virus. This is merely one of the areas of the HIV/AIDS crisis
that requires review of the current labour laws.
The labour laws are new to providing protection to workers. Inevitably, it is the
responsibility of workers to protect themselves, either through saving on their own or
entering into endowment or similar policies. However, with the instability in our current
economic climate, it is difficult for employees to invest or to save.
Employment Equity has been another area that requires development within the South
African labour framework. Such equity is based on rectifying the political ravages of the
past, where previously disadvantaged persons were prejudiced in various areas of the employment arena. Affirmative Action has been one area of change that many companies
and corporations were forced to deal with.
The International Labour Organization (ILO) has always attempted to diversify its laws
to cater for the diversities of the world population. South Africa adopted many of its
laws, specifically with regards to the HIV/AIDS crisis. However, considering that the
labour laws are seen as a rapidly-changing area in the world economy, such areas are
making it difficult for the current laws to be consistent with such changes. Emphasis is
now placed on the application of the laws to such changes.
This study is a very much theoretical to the extent that it identifies the areas of applicable
law and the areas that require improvement or change in order to satisfy the "democracy"
in a democratic country.Thesis (M.B.A.)-University of Natal, Durban, 2003.
21
Kone, Mmberegeni Kingshald. "The termination of the employment relationship on the grounds of the employee's HIV status." Diss., 1995. http://hdl.handle.net/10500/17114.
Full textAbstract:
A substantial number of employees in South Africa may soon be out of work as the result of their HIV-positive status. The dismissal of an infected employee may be motivated by the fact that he is considered to be incompetent or incapable of doing the work for which he was employed. Customers and fellow employees may refuse to deal with an infected employee, with the result that the employee is dismissed for economic reasons. The nature of the undertaking's
activities may be such that the presence of an infected employee constitutes a health risk. For the purposes of carrying out his duty to create and maintain safe working conditions, the employer dismisses the employee. The employer may even force the infected employee to resign.
Measures should be taken to improve the situation of infected employees. They include educating employers and employees about the transmission of the human immunodeficiency virus.Mercentile Law
LL. M.
22
Sithole, Sandile Nhlanhla. "Assessing learning needs of KwaZulu-Natal para-legals for managing HIV/AIDS." Thesis, 2004. http://hdl.handle.net/10413/4231.
Full textAbstract:
The Constitution of South Africa outlines the way in which the country should be run and lays down different levels of government and their powers. Most importantly it sets out a list of human rights in the Bill of Rights. These rights belong equally to all individuals. Stigmatization and discrimination of people on the basis of their HIV status is a violation of their basic human rights. In South Africa a person can have his or her rights upheld in court if they are violated or threatened by an individual or institution (whether the state, private company or any other organization). Enforcing the rights of people living with HIV/AIDS and/or their families, as well as countering and redressing discriminatory action, is a matter of accessing existing procedural, institutional or other resources that comprise the societal gains of democracy. However, the biggest challenge currently has to do with ordinary people's lack of awareness about their rights, and this pertains particularly to those millions of South Africans living with HIV/AIDS. This study sets out to examine the knowledge levels of para-legals currently advocating for the rights of people living with HIV/AIDS and/or their families in KwaZulu Natal. With an infection rate estimated to be in the region of 36% of the adult population, it is essential that providers of legal advise and advocacy in this province have sound grasp of HIV/AIDS issues. It should be noted that this study attempts to move beyond a documentation of knowledge by exploring what such para-legals perceive their actual needs for more effective management of HIV/AIDS to be. The study seeks to make recommendations towards a better and more relevant training of para-legals, one that is needs-driven and more attuned to the context and lived realities of the people whom they seek to serve.Thesis (M.Dev.Studies)-University of Natal, Durban, 2004.
23
Mswela, Mphoeng Maureen. "HIV/AIDS and the role of gender inequality and violence in South African Law." Diss., 2009. http://hdl.handle.net/10500/3063.
Full textAbstract:
South Africa has not escaped the rising prevalence and severe impact of HIV/AIDS in relation women. From an economic and social vantage point, the HIV/AIDS epidemic hits women the hardest, with underprivileged black women the most susceptible to the virus. The theoretical framework of this research focuses on the intersection between HIV/AIDS, gender inequality and gender violence, and more specifically, on certain cultural practices and customs that contribute towards and exacerbate women’s subordination and inequality, which in turn, increase women’s exposure to become infected with HIV. Relevant to this focus is inevitably an investigation of perceived threats to specific fundamental human rights as a result of some entrenched practices that continue to reinforce women’s subordinate position in society, aggravated by the high incidence of gender violence.Constitutional, International & Indigenous Law
LL.M.
24
Mtunuse, Paul Tobias. "The right to confidentiality in the context of HIV/AIDS." Thesis, 2013. http://hdl.handle.net/10500/11864.
Full textAbstract:
The purpose of this study is to investigate the right to confidentiality in the context of HIV/AIDS through an interdisciplinary lens. This study indicates that whilst confidentiality is important and should be preserved in order to protect persons living with HIV/AIDS against stigmatisation, discrimination and victimisation, this should be balanced by other equally important interests, such as the protection of public health and individual third parties who may be affected by the intentional or negligent infection of others with HIV. As the consideration of the legal issues relating to confidentiality and privacy cannot be divorced from the social context in which HIV/AIDS plays out in South African communities, the study will examine, amongst others, the victimisation, discrimination and stigmatisation experienced by persons living with HIV/AIDS, followed by a critical exploration of the present legal and ethical framework governing privacy and confidentiality, including medical confidentiality, as well as the duty to disclose a positive HIV-status, in the context of HIV/AIDS. Possible limitations on the right to privacy in this context are also examined, which include, amongst others, a consideration of making HIV/AIDS notifiable diseases in South Africa. The study suggests that it is imperative that legal interventions aimed at curbing the spread of HIV will need to be mindful of the unique social, cultural and economic forces that impact on the duty to disclose a positive HIV-status to partners and other affected third parties. Insights gained from philosophical theories relating to Africanism, individualism, communitarianism and utilitarianism are valuable tools in facilitating a clearer understanding of relevant social and cultural factors that keep South African society locked in the present stalemate with regard to the disclosure of HIV status.Public, Constitutional, & International law
LLD
25
Netangaheni, Thinavhuyo Robert. "The exploration of perceptions of people regarding HIV/AIDS in the workplace." Diss., 2001. http://hdl.handle.net/10500/1014.
Full textAbstract:
The study aim to investigate perceptions of military personnel with regard to
HIV/AIDS in the SANDF in some military Units of Bloemfontein.
The military personnel includes all males and females whose ages range between
19 - 47 years, were included in the sample.
The approach utilised were both qualitative and quantitative. The data collection
technique were:
Closed and open-ended questionnaires were distributed to 548
respondents.
~ Participant observation.
~ Review of documents.
• Unstructured observations.
.. Unstructured interviews.
This different data collection techniques to gather valid and reliable information
with regard to HN/AJDS in the SANDF were triangulated. The findings revealed
poor perception with regard to HIV/AIDS in the workplace, health education, lack
of privacy, and discrimination on the benefit of HIV/AIDS.
The recommendations of this project deals with aspects which include HIV/AIDS
education, inclusion of HIV/AIDS in all military courses, distribution of policy on
HIVIAIDS to all military personnel, and involvement in HIV/AIDS awareness.Health Studies
M. Cur. (Health Studies)
26
Molongoana, Henry Sifiso. "A critical evaluation of the protection of the rights of employees living with HIV/AIDS in the South African workplace." Diss., 2017. http://hdl.handle.net/10500/23682.
Full textAbstract:
People living with HIV/AIDS have the right to be employed as long as they are physically fit to do the work. The unfortunate situation now is that in many South African workplaces employees who disclose their HIV/AIDS status or who are suspected of living with the disease face backlashes from fellow employees and sometimes even from employers. No one should be discriminated against or be prevented from being employed or dismissed from employment purely on the basis of having HIV or AIDS. Any form of discrimination against employees living with HIV/AIDS constitutes a violation of their constitutional rights to among others human dignity, equality and fair labour practices. Discrimination may take the form of pre-employment HIV testing or a dismissal due to HIV positive status.
This research looks at the protection given to employees living with HIV/AIDS in the South African workplaces and whether the protection is adequate or not.Mercantile Law
LL. M.
27
Mbilinyi, Abel Jeru. "Protection against unfair dismissal of employees living with HIV/AIDS in the workplace: a comparative study." Diss., 2008. http://hdl.handle.net/10500/2321.
Full text
28
Mujinga, Sandrine Mutumba. "The participation of children in HIV/AIDS clinicals trials : ethical and legal considerations." Diss., 2009. http://hdl.handle.net/10500/2700.
Full textAbstract:
This dissertation examines the legal position relating to the participation of children in
research, especially in HIV preventive clinical research in South Africa. HIV/AIDS
presents a real threat to humanity and particularly to the welfare of children. The
participation of children in this type of trials is therefore vital. Children, as vulnerable
participants, must also be protected from harm resulting from research. The study also
considers the nature of HIV preventive clinical research, pointing to the inconsistencies
in the legislation governing children’s participation in HIV preventive vaccine trials. The
dissertation concludes that the question of the participation of children in HIV preventive
clinical research poses many challenges, as the position in the South African law and
relevant ethical guidelines are inconsistent and contradictory. The study recommends in
the final instance that the relevant statutory provisions and ethical guidelines be
harmonised in order to clear up the inconsistencies.Jurisprudence
LL.M. (Legal Aspects of HIV/AIDS)
29
Netangaheni, Thinavhuyo Robert. "A hidden cohort: HIV and AIDS amongst the farming community." Thesis, 2008. http://hdl.handle.net/10500/706.
Full textAbstract:
Purpose
This research project was an attempt to determine situational aspects of HIV and AIDS among the designated farming communities in the Vhembe and Mopani districts of Limpopo Province. Questions arising from the pilot project were premised on the capacity of farmers in these areas to adequately address the daunting reality and prevalence of HIV and AIDS in their communities.
Research Design and Methodology
The research was designed to facilitate the integration of both qualitative and quantitative approaches. A sample of 228 respondents was involved in a triangulated participatory action research method. To the extent that the data collection techniques were triangulated in both nature and focus, HIV/AIDS-related data and information within the designated farming communities was attained with a maximum degree of validity. The data collection techniques used in this regard were: questionnaires, which were distributed to 228 respondents; participant observation; exploratory investigation; unstructured interviews; naturalistic observation; focus group interviews and discussion; and review of documents. The reviewed documents include (primary) sources on HIV/AIDS by the Department of Health and (secondary) sources of literature by various authors presenting a range of perspectives on HIV/AIDS in farming areas.
Findings
The results of the study revealed the absence of a coordinated policy on HIV/AIDS in particular, and health in general; and a vacuous prevalence of basic HIV/AIDS-related information. For instance, knowledge on condom usage as a prevention strategy was ostensibly scant. Currently, primary healthcare services in the area are not available. The sampled farm workers themselves unanimously corroborated that there was no HIV/AIDS policy on the SAFM farms.
Conclusion
Based on the main findings established above, it has become indispensable that comprehensive and multidisciplinary HIV/AIDS policy interventions be initiated by all the relevant stakeholders. Local and provincial healthcare authorities need to provide policy guidelines for the development of such policy, taking the particular needs and circumstances of farm workers. The pervasive degree of insufficient HIV/AIDS knowledge among this group necessitates that such a policy should integrate both a labour perspective and healthcare orientation, rather than perpetuating a separation of the two paradigms. This form of integration ensures that the observance of a human rights dimension becomes a sacrosanct component of the prevention of HIV/AIDS among farm workers, as well as their education concerning their healthcare-related rights as farm employees. Furthermore, the prevalence of a national HIV and AIDS policy is mainly aimed at facilitating broad guidelines, not addressing the specific contexts of every public, corporate and rural employment sector (DoH, 2007: 11-12; Muhlemann, et al., 1992: 479). In order that the education, prevention and treatment initiatives in the Vhembe and Mopani farming communities are achieved, the most important parameters of the policy should indicate:
,,X The systematic institutionalisation of local, provincial, and national HIV and AIDS programmes, notwithstanding the provision of healthcare facilities such as clinics;
,,X The promotion of basic healthcare education in general, and HIV/AIDS awareness and prevention among farm workers in particular;
,,X The development of HIV/AIDS work place policy by SAFM as employer;
,,X The systematic involvement and formation of partnerships between policy makers, local and international funders, HIV/AIDS healthcare workers and practitioners, NGOs and SAFM.
As a critical factor and unit of analysis in the study, SAFM is expected to fulfil a developmental function among its employees, their families, and the local communities. This function could be enhanced further with the collaboration between SAFM and other farmers in the distribution of basic information regarding HIV/AIDS and other sexually transmitted diseases at the workplace, as well as extensive healthcare education and training for their farming personnel. Trained personnel, especially managers, are a salient factor in the implementation of organisational health and safety requirements (DoH, 2007: 6, 8; Muhlemann, et al., 1992: 478-479).Health Studies
D. Litt. et Phil. (Health Studies)
30
Manamela, Makwena Ernest. "The social responsibility of South African trade unions : a labour law perspective." Thesis, 2015. http://hdl.handle.net/10500/20069.
Full textAbstract:
Trade unions have been in existence for many years. Although their introduction was generally met with resistance, since their establishment trade unions have been important agents of social change worldwide. Over the years, trade unions have been involved in politics and other societal activities. In South Africa, trade unions for many years not only fought for worker’s rights within the workplace but also beyond the workplace. Trade unions started as friendly societies aimed at assisting their members with various matters, including offering financial help for education purposes and also in cases of illnesses. Although the main purpose of trade unions is to regulate relations between employees and their employers, trade unions perform other functions in society which can be broadly referred to as their social responsibility role. Unlike corporate social responsibility, which is
recognised and formalised, trade union social responsibility is not, with the role and importance of social responsibility for trade unions having been largely ignored. This thesis aims at changing this by investigating their core responsibilities and their social responsibilities and subsequently making recommendations on how trade unions could recognise and accommodate their social responsibilities in their activities. It also considers factors that could assist trade unions in fulfilling their social responsibilities. Trade unions generally obtain legislative support for their core responsibilities, but not their social responsibilities; however this should not obstruct trade unions in such endeavours. As modern organisations it is high time that trade unions make a contribution towards sustainable development through their social responsibility role.Private Law
LLD
31
Monnakgotla, Nakedi Margaret. "Evaluation of the implementation of an HIV/AIDS workplace policy for farm workers : a case study of Country Mushrooms." Diss., 2012. http://hdl.handle.net/10500/6776.
Full textAbstract:
Farm workers in South Africa have limited access to health care and health-related information. In this qualitative study, the implementation of a workplace HIV/AIDS policy was evaluated using data gathered through interviews and observation. It was found that, although the farm workers were knowledgeable about HIV and AIDS, this knowledge was insufficient. It was found that the lives of farm workers are deeply affected by HIV and AIDS. It is also suggested that the agricultural sector is not yet able to deal effectively with HIV and AIDS and that, in this regard, urgent planning is needed in respect of HIV and AIDS policies and interventionsSocial Work
M.A. (Social Behaviour Studies in HIV/AIDS)
32
Tyabazayo, Phumlani. "The duty of the state to give effect to the rights of children in child-headed households in the context of section 28(1)(b) and (c) of the Constitution of the Republic of South Africa, 1996." Diss., 2009. http://hdl.handle.net/10500/3198.
Full textAbstract:
The scourge of HIV/AIDS is ravaging our communities; many children have lost their parents to this pandemic. The death of parents because of this pandemic has resulted in the emergence of a new phenomenon of child-headed households. This paper seeks to examine the rights of children in child-headed households as entrenched in section 28(1)(b) and (c) of the Constitution. Once the rights of children in child-headed households are ascertained, the state’s duty to give effect to these rights is investigated. In the analysis of the rights, the socio-economic rights jurisprudence of the Constitutional Court is considered. The paper further argues that the state gives effect to the rights of children in child-headed households through legislation and policy. As such, the paper takes a closer look at the legislation and policies that seek to give effect to the rights of children in child-headed households as enumerated in section 28(1)(b) and (c) and gaps in that legislation and policy are highlighted. In conclusion, proposals are made that will assist the state to give effect to the rights of children in child-headed households as set out in the Constitution.Private Law
LL.M.