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Refereed articles

Testing for HIV/AIDS: The constitutional standard

Testing for HIV/AIDS has long been a contentious issue. Karrisha PiIlay examines it in the context of the right of access to health care services embodied in s27 of the Constitution.

The author argues that appropriate testing for HIV/AIDS is a key component in an effective strategy for the prevention of HIV/AIDS and thus integral to the right of access to health care services. However, such testing should take place with due regard to the constitutional rights to dignity, equality, freedom and security of the person as well as the right to privacy (where the issue of confidentiality is of particular importance). Pillay then examines the legal framework for HIV testing and concludes that the principles of voluntary testing, confidentiality and pre- and post-test counselling must inform approaches to HIV/AIDS testing.

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