Pretoria: Pretoria University Law Press, 2007. 202 p.
University of Pretoria, AIDS and Human Rights Research Unit
Despite the fact that Southern Africa is the epicentre of the HIV epidemic, there is a shortage of research and reflection coming from the sub-region itself. With the support of the Open Society Initiative of Southern Africa (OSISA), the AIDS and Human Rights Research Unit, based at the Centre for the Study of AIDS and the Centre for Human Rights, University of Pretoria, in 2006 engaged in a research project to give a voice to Southern African perspectives on issues pertaining to HIV, AIDS, law and human rights. Four researchers were selected to address four human rights-related issues of increasing importance in the context of HIV and AIDS in the sub-region. These issues are: (1) legislation criminalising the wilful transmission of HIV; (2) policies aimed at routinely testing individuals attending public health facilities; (3) policies and practices aimed at withholding or denying access to HIV-related treatment and prevention to people living with HIV in prisons; and (4) policies, practices and laws that limit access to medicines, in particular the lack of domestication and use of flexibilities allowed for under the World Trade Organisation's Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS). These researchers were hosted by four research institutions in Southern Africa, where they prepared research papers. These institutions are: the AIDS and Rights Alliance of Southern Africa (ARASA), based in Windhoek, Namibia; the Botswana Network on Ethics, Law and HIV/AIDS (BONELA), based in Gaborone, Botswana; the Law and Development Unit, Faculty of Law, University of Malawi, Blantyre, Malawi; and the AIDS and Human Rights Research Unit, University of Pretoria, Pretoria, South Africa. This publication brings together these papers, an introduction and some useful SADC instruments. An independent peer review of the papers was conducted before publication.
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