(Download) "Compulsory HIV Testing of Alleged Sexual Offenders a Human Rights Violation (Report)" by South African Journal of Bioethics and Law ~ Book PDF Kindle ePub Free
eBook details
- Title: Compulsory HIV Testing of Alleged Sexual Offenders a Human Rights Violation (Report)
- Author : South African Journal of Bioethics and Law
- Release Date : January 01, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 282 KB
Description
Recently there has been mounting public concern and pressure on the authorities to take appropriate action with regard to the deliberate transmission of HIV infection. (1) This has to be seen against the backdrop of the alarmingly high levels of sexual crimes against women and children in South Africa. (2,3) The high HIV seroprevalence in the country further compounds the problem. In 2009, the SAPS recorded 68 332 rape victims reporting rape, (2) and the general consensus is that large numbers of rape cases go unreported. (4) In 2009 approximately 5.6 million people were estimated to be living with HIV infection, (3) with 17.3% of the adult population affected, 25% (1.1-1.6 million people) with symptomatic HIV infection, and 7% (360 000) with full-blown AIDS. (3) The inability to deal with the scourge of sexual violence against women and the high levels of HIV seroprevalence in the country mean that women who are raped are at risk of contracting HIV. The issue, however, is how do we deal with this reality? Parliament sought to address the issue by including a number of measures in Chapter 5 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (the Act).5 In lieu of this, the purpose of this article is to assess the efficacy of these measures from a medical perspective, and to determine their constitutionality from a legal perspective. The South African Law Commission (SALC), at the request of the Justice and Constitutional Affairs Portfolio Committee, was tasked with investigating the creation of a statutory offence aimed at harmful HIV-related behaviour, and the compulsory testing of sexual offenders for HIV. (5) The SALC prepared two discussion papers. Discussion Paper 80 dealt with the issue of harmful behaviour by persons with HIV/AIDS. (6) Further to this, Discussion Paper 847 dealt with the question of compulsory HIV testing of persons arrested on a charge or on suspicion of having committed a sexual offence, and the right of the alleged victims of such offences to be informed of the HIV test result. (7) In general, the debates have focused on the following issues: (5)