Abstract
No abstract available.
Highlights
De Cock and colleagues, who kicked off the routine testing debate in their 2002 article in the Lancet,[8] framed the issue as public health v. human rights
When framed in this manner the debate centres around whether a human rights-based approach to HIV is impeding our public health response to the epidemic This assumes that the debate is whether a public health or a human rights-based approach is more effective. We argue that this is an artificial polarisation that detracts from the key issues. This debate centres on the slow uptake of HIV testing in resourceconstrained settings, and it should be framed around a problem analysis based on the following questions: Why is the uptake of HIV testing slow? Is uptake influenced by the nature of current models for HIV testing? What is the legal framework and how does it influence policy decisions regarding models for HIV testing? What are the gender implications of the various models of HIV testing? Could adopting new models for HIV testing influence uptake of HIV testing and access to ARVs?
Policies promoting routine testing may fail to recognise the supportive role of counselling. This could undermine important gains made in prevention of mother-tochild transmission (PMTCT) programmes
Summary
The Constitution provides that every person has the right to bodily integrity and privacy (s 12 and s 14, Constitution of the Republic of South Africa Act, No 108 of 1996). These rights give individuals control over their bodies and enable them to make autonomous decisions They may refuse to be treated or undergo a diagnostic test.[5] The requirements for valid consent include: the patient must have knowledge of the nature and extent of the harm or risk involved, appreciate and understand
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