Abstract
A review published in 2007 of the extent to which countries in the Southern African Development Community (SADC) region were implementing the HIV/AIDS and Human Rights International Guidelines was completed in 2006. In summary the review found that almost all SADC countries were committed, in principle, to responding to HIV and AIDS as a human rights issue because most had begun to implement key legal and policy reforms based on human rights principles. However, at the same time the criminal law was being used to respond to HIV in a coercive manner, thus undermining human rights-based responses. Finally, there were a number of emerging human rights issues that needed to be addressed, including a lack of access to antiretroviral treatment and the undermining of civil and political rights by policy reforms aimed at enhancing access to HIV testing and treatment. This note is an update of the findings of the review published in 2007. It critically examines the progress, or lack of it, made in the last three years by comparing the legislative and policy steps taken by SADC countries in responding to the HIV epidemic.
Highlights
A review published in 2007 (Strode and Grant “A Critical Review of the Extent to which the HIV/AIDS and Human Rights International Guidelines have been Implemented in the Southern African Development Community” 2007 Obiter 70) of the extent to which countries in the Southern African Development Community (SADC) region were implementing the HIV/AIDS and Human Rights International Guidelines was completed in 2006. (This note is based on a report commissioned by the AIDS and Rights Alliance of Southern Africa (ARASA) entitled HIV/AIDS and Human Rights in Southern Africa (2009) available from http://www.arasa.info/
All the views expressed in this article are those of the authors rather than those of ARASA or its partners.) In summary the review found that almost all SADC countries were committed, in principle, to responding to HIV and AIDS as a human rights issue because most had begun to implement key legal and policy reforms based on human rights principles
The methodology used was more focused in this review. Information for this second legislative and policy review was obtained from 12 presentations made by partners of the AIDS and Rights Alliance (ARASA) at a partner meeting held on the 18-19 November 2008 in Johannesburg, South Africa
Summary
A review published in 2007 (Strode and Grant “A Critical Review of the Extent to which the HIV/AIDS and Human Rights International Guidelines have been Implemented in the Southern African Development Community” 2007 Obiter 70) of the extent to which countries in the Southern African Development Community (SADC) region were implementing the HIV/AIDS and Human Rights International Guidelines was completed in 2006. (This note is based on a report commissioned by the AIDS and Rights Alliance of Southern Africa (ARASA) entitled HIV/AIDS and Human Rights in Southern Africa (2009) available from http://www.arasa.info/. (This note is based on a report commissioned by the AIDS and Rights Alliance of Southern Africa (ARASA) entitled HIV/AIDS and Human Rights in Southern Africa (2009) available from http://www.arasa.info/. All the views expressed in this article are those of the authors rather than those of ARASA or its partners.) In summary the review found that almost all SADC countries were committed, in principle, to responding to HIV and AIDS as a human rights issue because most had begun to implement key legal and policy reforms based on human rights principles. This note is an update of the findings of the review published in 2007 It critically examines the progress, or lack of it, made in the last three years by comparing the legislative and policy steps taken by SADC countries in responding to the HIV epidemic
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