Abstract
The systemic consequences of the HIV/AIDS pandemic in South Africa are evident not only in demographic, economic and social trends, but also on a micro- and personal level, where they are devastating. Those infected with HIV are often the target of intense discrimination and discriminatory behaviour including rejection, isolation and violence. It is especially because of these macro- and micro effects associated with HIV/AIDS that the highest regard should be placed on the fundamental rights of infected individuals - specifically the rights to privacy and bodily and psychological integrity - when determining if the disclosure of such persons’ status is necessary and justified. The primary aim of this article is to critically consider and describe the different contexts in which the disclosure of a person’s HIV/AIDS status will be relevant. The position of various role players in the economy, in the criminal justice system and in the healthcare arena will be considered with reference to relevant legislation, case law, guidelines and ethical codes. It will be clear from the discussion that no simple or single right answer exists. A patient-oriented approach sensitive to public health goals and objectives and based on human rights principles is advocated in this article.
Highlights
An estimated 22.5 million people were living with HIV/AIDS in Sub-Saharan Africa at the end of 2009
It is estimated that approximately 1.3 million Africans died of AIDS in 2009.1 According to the South African National HIV Survey of 2008, it is estimated that 10.9% of South Africans older than two years are living with HIV/AIDS, and among those between the ages of 15 and 49 years the estimated HIV prevalence is 16.9%
The non-consensual or inappropriate disclosure of another person’s HIV/AIDS status may put the infected individual at great risk of human rights violations, including rejection, ostracism, unfair discrimination, the disruption of family relations, violence, sexual abuse or abandonment.[145]. It may affect the individual’s employment, whether he/she may become a member of a medical aid scheme, life insurance, bonds and the general quality of life
Summary
An estimated 22.5 million people (including 2.3 million children) were living with HIV/AIDS in Sub-Saharan Africa at the end of 2009. It is estimated that approximately 1.3 million Africans died of AIDS in 2009.1 According to the South African National HIV Survey of 2008, it is estimated that 10.9% of South Africans older than two years are living with HIV/AIDS, and among those between the ages of 15 and 49 years the estimated HIV prevalence is 16.9%.2. These figures remain staggering and it comes as no surprise that the impact and effect of HIV/AIDS are no longer limited to mortality rates and illnesses but are widespread and influence all aspects of our everyday lives. HIV is a condition related to sex, death and disease – topics that allude to the most existential aspects of life and are perceived as highly intimate".3 This was confirmed in NM v Smith, where it was held that—
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