A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in the Political Studies Department, Faculty of Humanities, University of Witwatersrand, Johannesburg, South Africa 8 March 2015 / HIV is the most pressing public health and development challenge facing Botswana. Reducing gender-related vulnerability to HIV is one of the top priorities of the government and its development partners. Civil society organisations (CSOs) have been identified as crucial in these efforts. As a result, civil society has grown in Botswana, in both numbers and size, to deliver services such as home-based care, counselling, and testing. Yet to reduce gendered vulnerability to HIV, social and human development goals must be met in several sectors of society. The focus on HIV-related services has implications in practise, policy, and theory that may compromise long-term development aims and co-opt civil society. This research draws on critical theory and uses action research methods to investigate the role of civil society in Botswana for reducing gendered vulnerability to HIV, now and in the future. The case of Botswana is a crucial one, as it has one of the highest HIV prevalence rates, as well as the resources, both domestic and from partners, to mobilise a comprehensive response. The combination of these factors has afforded the opportunity to gain insights to inform civil society theory and development approaches in both policy and practise to improve the HIV response and civil society’s role in it. Through a literature review, interviews with key informants, a survey, and a workshop, this research found that the HIV response in Botswana is addressing many of the issues suggested by global development partners, such as UNAIDS, at the policy level, though implementation is lacking, especially concerning male involvement in gender programming. It found that efforts to meet the immediate needs are in place, but the long-term strategic interests are only incrementally addressed. This suggests that HIV is causing a development deficit. Additionally, the roles that CSOs serve in the response are focussed on serving these immediate needs, making it increasingly difficult for the response to effect broader social change to achieve gender equality and development. Civil society is taking on more responsibility in the public sector, which puts it in a vulnerable position. Its role needs to be reconceptualised in the HIV response and in development more broadly. This research proposes theoretical and policy implications to inform civil society-state relations; approaches to address complicated social development issues, such as genderbased violence; and offers an 18-point analytical framework to address operational and programmatic capacities in civil society. The framework offers a new category for the dynamic analysis of civil society organisations while working with the state called ‘civil agents’. It also describes the bridge function that CSOs serve when working with key populations, such as sexual minorities, in criminalised settings. Together these theoretical and policy implications can contribute to the understanding of civil society in the HIV response, and gender equity in the context of the post-2015 global development agenda. Key words: Civil Society Organisations, Non-governmental Organisations, HIV, Gender, Botswana, Development, Critical Theory, Action Research / MT2016

This dissertation is an evaluation of the concept of a minimum core content to the constitutional right to health, with particular reference to HIV-positive persons in South Africa. The analysis involves an assessment of what the minimum core entails; whether such a formulation is necessary in the South African health context; the application of the concept in national and international law; as well as enforcement and implementation in the South African context. An appraisal of the South African social reality reveals the extent of the suffering of HIV-positive individuals and the difficulties experienced in accessing health care, especially for the vulnerable and disempowered. The problem is exacerbated by a critical inadequacy in national jurisprudence which fails to generate certainty in respect of the minimum, basic entitlements of affected people. Such a shortcoming maligns transformative constitutionalism, which requires the judiciary to develop a construction of human rights that accords with the canons of the Constitution. It is argued that one such course of action is the adoption of the minimum core, which prescribes a basic level of human rights that is guaranteed to all people – and which may withstand legislative challenge on the basis of resource constraints or progressive realisation. Reference to international law, in terms of Section 39(1) of the Constitution, assists us to overcome the shortcoming in domestic legislation in this regard. Of particular relevance is covenantal guidance offered by the ICESCR, and its guidelines of interpretation, which include the CESCR General Comments and the WHO recommendations. It is postulated that a minimum obligation to HIV-positive individuals under the right to health encompasses the duty of treatment and prevention and control in respect of the epidemic, on a non-discriminatory basis. Enforcement and implementation of such core obligations must be strictly and timeously effected. Of crucial importance in such a process is a competent judiciary that is able to resist an undue deference to the legislature. A review of court judgments, however, reveals an inadequate judicial approach to the implementation of socioeconomic rights and an appeal is made to the Constitutional Court to re-commit itself to an interpretation of the Bill of Rights that accords with Constitutional values, such as uBuntu. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2014.

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.

No description available.

published_or_final_version / Social Work / Master / Master of Social Work

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 limited success of HIV-testing facilities in South Africa means that many people are not accessing necessary antiretroviral treatment services. This study investigates the practical implications of HIV exceptionalism inherent in Voluntary Counselling and Testing (VCT). A semi-structured interview schedule was used to survey participants for their perspectives on barriers to HIV-testing uptake as well as the effects of exceptionalist practices at VCT clinics. Responses showed marked perceptions of gender differences in people's willingness to test and several important barriers including problems of access to services. Significantly, exceptionalism displayed in certain clinic procedures was thought to contribute to stigma, and attempts to normalise HIV practice in order to combat the effects of stigma were being informally implemented. Participants' views on routine opt-out testing were explored. The researcher recommended further investigation on how HIV testing and treatment policies can be normalised so as to reduce stigma and increase testing uptake. / Social Work / M.A. Sociology (Social Behaviour Studies in HIV/AIDS)

The limited success of HIV-testing facilities in South Africa means that many people are not accessing necessary antiretroviral treatment services. This study investigates the practical implications of HIV exceptionalism inherent in Voluntary Counselling and Testing (VCT). A semi-structured interview schedule was used to survey participants for their perspectives on barriers to HIV-testing uptake as well as the effects of exceptionalist practices at VCT clinics. Responses showed marked perceptions of gender differences in people's willingness to test and several important barriers including problems of access to services. Significantly, exceptionalism displayed in certain clinic procedures was thought to contribute to stigma, and attempts to normalise HIV practice in order to combat the effects of stigma were being informally implemented. Participants' views on routine opt-out testing were explored. The researcher recommended further investigation on how HIV testing and treatment policies can be normalised so as to reduce stigma and increase testing uptake. / Social Work / M.A. Sociology (Social Behaviour Studies in HIV/AIDS)