Abstract
No abstract available.
Highlights
South Africa has a strong legal framework that offers a high level of protection to people living with HIV/AIDS
The disclosure of HIV status remains a fearful experience for many South Africans and may well be accompanied by violence and economic and social deprivation
This article examines some of the most important cases that have come before the courts and other tribunals in 2003 and have sought to establish the rights of people with HIV/AIDS to live lives of dignity without fear
Summary
The Buccleuch Montessori Nursery School case garnered much publicity when it was argued in September 2002. According to the school’s own version, it conceded that a recommendation had been made to defer the application until such time as the school considered itself ready to admit children with HIV and until Tholakele was ‘past the biting stage’. The judge did not deal with the implications of the recommendation to defer Tholakele’s admission and the discrimination inherent in such conduct and dismissed the application with costs. The judgment is a dangerous one as it allows a school to effectively exclude a child with HIV as long it ‘defers’ the application, rather than rejects it outright. The judgment provides no guidance as to the basis on which such a deferral may take place, how long the application may be deferred and what steps a school should take to accommodate children with HIV.
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