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

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

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.

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.

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.

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.

The main question addressed in this dissertation is: Are the legislation and policies of Ethiopia, Botswana and Uganda providing for various modalities of HIV testing consistent with human rights as enshrined under the African Human Rights system? Critically investigating the African human rights HIV testing instruments as well as the relevant domestic legislation and policies of the three countries. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Professor Julia Sloth-Nielsen of the Faculty of Law, University of the Western Cape, Cape Town, South Africa. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

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.

<p>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.</p>

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.