The Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa is a collection, in five parts, of global, regional, sub-regional and national human rights instruments, policies, legislation and case law that are relevant to HIV and AIDS. In most instances, only excerpts pertinent to HIV and AIDS are provided. When applicable, reference is made to a source where the full text may be accessed.
Values, Policies and Rights
Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa
Pretoria University Law Press, 2008
Conceptual model of HIV/AIDS stigma from five African countries
Holzemer WL, Uys L, Makoae L, Stewart A, Phetlhu R, Dlamini PS, Greeff M, Kohi TW, Chirwa M, Cuca Y, Naidoo J: Journal of Advanced Nursing 58 (6): 541-551, June 2007
This paper is a report on the development of a conceptual model delineating contexts and processes of HIV/AIDS stigma as reported by persons living with HIV/AIDS and nurses from African countries. It is part of a larger study to increase understanding of HIV/AIDS stigma.
Conference On Social Determinants Of Health: Rio Political Declaration on Social Determinants of Health
World Conference on Social Determinants of Health: 21 October 2011
The Rio Declaration is the outcome document of the World Conference on Social Determinants of Health, held from 19-21 October 2011 in Rio de Janeiro, Brazil. In the Rio Declaration, heads of government, ministers and government representatives reaffirm their commitment to take action on social determinants of health to create vibrant, inclusive, equitable, economically productive and healthy societies, and to overcome national, regional and global challenges to sustainable development. They recognise that the current global economic and financial crisis urgently requires the adoption of actions to reduce increasing health inequities and prevent worsening of living conditions and the deterioration of universal health care and social protection systems. They offer specific actions under the following common objectives: to adopt better governance for health and development; to promote participation in policy-making and implementation; to further reorient the health sector towards reducing health inequities; to strengthen global governance and collaboration; and to monitor progress and increase accountability. In the declaration, signatories call upon the World Health Organisation, United Nations agencies and other international organisations to advocate for, co-ordinate and collaborate in the implementation of these objectives.
Conscientious objection: Protecting sexual and reproductive health rights
de Mesquita JB and Finer L: Essex University, 2009
Healthcare providers' conscientious objection to involvement in certain procedures is grounded in the right to freedom of religion, conscience and thought. However, such conscientious objection can have serious implications for the human rights of healthcare users, including their sexual and reproductive health rights. This briefing paper examines the implications of conscientious objection, by healthcare providers, for the protection of sexual and reproductive health rights, and concludes with a set of recommendations for States' policies and laws.
Constitutional Court victory over prison TB infection
South African Broadcasting Corporation: Wednesday 12 December 2012
In a landmark case, South Africa’s Constitutional Court ruled on 10 December 2012 in favour of a claimant who contracted tuberculosis (TB) during a stint in Pollsmoor Prison, Cape Town. The Constitutional Court decided that prison authorities had failed to implement adequate TB prevention measures among inmates, arguing that there was a causal link between this and the spread of TB. Section 27, a health rights group, has meanwhile warned prison authorities against neglecting TB prevention in prisons. Crowded cells in the prison leading to the spread of TB are argued to be a violation of prisoners’ right to health.
Constitutional implications of COVID-19: Arrests and the use of force to enforce lockdown
Brickhill J: JUTA Talking Points, Issue 11, South Africa
This brief is one of a weekly analysis of constitutional issues arising from COVID-19 and the responses to it. In this instalment, the author outlines the role of the courts and the arrest and the use of force by the police and the military in enforcing the lockdown, following the judgment in Khosa v Minister of Defence and Military Veterans [2020] ZAGPPHC 147 in South Africa. The author finds that arrest in the context of COVID-19 runs the risk of subverting the very purpose of the lockdown regulations, by exposing enforcement officers and arrested civilians to a greater risk of contracting the virus. The South African Police Service has released guidelines on the use of force by security services, in a circular dated 19 May 2020 that set out principles on the use of force, the prohibition of torture and provide information on where to make complaints about police misconduct. The author proposes that thorough investigation and action on those implicated in any injury related to lockdown enforcement and ensuring an effective complaints mechanism are the crucial.
Contributing to social and economic development
WHO EB and Government of Finland: WHO Executive Board EB134/1 January 2014 Add.1 134th session 13 December 2013
The WHO Executive Board meeting in Geneva in Jan 2014 will consider a proposal from Finland (see EB134/1 Add.1) entitled: “Contributing to social and economic development: sustainable action across sectors to improve health and health equity” which is a follow up from the 8th Global Health Promotion Conference in Helsinki in June 2013. Finland has requested the inclusion of a new agenda item for the 134th session
of the Executive Board. It will provide an opportunity for the Board to have a debate, adopt a recommendation for an Assembly resolution calling for concrete steps forward, carried out within existing resources, and expressing the importance of actions across sectors for health and health equity in the final efforts to achieve the MDGs and in the debate on the post-2015 development agenda.
Controversial policy to regulate doctors on hold
Gonzalez L: Health-e News, 31 July 2014.
In late May, President Jacob Zuma South Africa signed into law long-dormant sections of the National Health Act that would give the Director General of Health the power to deny doctors operating licenses depending on where in the country the medical professional wished to operate, or open or expand a practice. Following this, doctors would have had to apply to the Department of Health for a “certificate of need,” or permission to work in an area, by 1 April 2016. SAMA, the South African Dental Association, and the specialist body, the South African Private Practitioners Forum have all vocally opposed Certificates of Need and were considering Constitutional Court litigation against the department over the matter. The Department of Health has, however, decided to shelve plans to regulate where doctors could practice – at least temporarily. Department of Health spokesperson Joe Maila stated that the intention is not to redraft the Act but to allow parties sufficient time to draft and engage with regulations before the act takes effect.
Convention on the Rights of Persons with Disabilities
Human Rights Education Associates, 3 May 2008
The Convention on the Rights of Persons with Disabilities was adopted by General Assembly resolution A/RES/61/611 in 2006 and entered into force on 3 May 2008. The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Corporate think-tanks, free market ideology and the attack on the right to health
London L and Reynolds L: Critical Health Perspectives 2(2):1-3, October 2010
According to this article, one aspect of the efforts of global capital to shape health policy in developing countries is the practice of so-called ‘independent’ think tanks, which seek to put into the public domain seemingly dispassionate opinion pieces on public policy, but which are openly oriented to promoting free market policy at the expense of public benefit. These think tanks propose that only free market liberalisation can solve problems related to food security, housing and health, but offer limited empirical evidence for this. The role of large corporate funding in their work is obscured. The article presents one example, the London-based International Policy Network, which is argued to promote private healthcare by arguing that human rights are not indivisible and inalienable, and by dismissing the validity of social and economic rights, particularly the right to health.