n Law, Democracy & Development - Testing for HIV / AIDS : the constitutional standard

Volume 5, Issue 2
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



Effectively addressing the HIV pandemic in South Africa constitutes one of the greatest challenges facing our nascent democracy. The last ten years have witnessed a consistent and dramatic increase in the number of HIV infections. Though HIV/AIDS transcends the boundaries of race, gender, sexual orientation, religion, social class etc., it thrives in an environment of poverty, rapid urbanisation, violence and destabilisation. Vulnerable sectors of South African society are particularly susceptible to infection and to having their constitutional rights abused, infringed or threatened on account of their HIV/AIDS status. The rising HIV statistics call for an holistic, well-targeted and effective response to curtail the spread of the infection as well as to address the plight of those affected or infected by HIV/AIDS in a way that is consistent with human rights and constitutional norms and standards.

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