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Article
HIV/AIDS, to disclose or not to disclose: That is the question
Potchefstroom Electronic Law Journal (2013)
  • Andra le Roux-Kemp, City University of Hong Kong
Abstract
The systemic consequences of the HIV/AIDS pandemic in South Africa are not only evident in demographic, economic and social trends, but it is also devastating on a micro- and personal level. 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 whether 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, criminal justice system and in the health care 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 for in this article.
Keywords
  • Health Law,
  • Medical Law,
  • HIV/AIDS,
  • South Africa
Publication Date
2013
Citation Information
Andra le Roux-Kemp. "HIV/AIDS, to disclose or not to disclose: That is the question" Potchefstroom Electronic Law Journal Vol. 16 Iss. 1 (2013) p. 200 - 239
Available at: http://works.bepress.com/andra-leroux-kemp/13/