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Removing Legal Barriers to Treatment – Legal Training on Health and Human Rights

By 20 June 2016January 21st, 2023Criminal Justice, Training4 min read

On 27-29 June 2016, the Southern Africa Litigation Centre (SALC) hosted a regional training meeting for African lawyers on “Removing legal barriers to treatment: Legal training on health and human rights” in Johannesburg, South Africa.

Participants, speakers and interested parties are invited to access resources on this page relating to the training. Links to the resource materials are provided below, as arranged according to the Programme. Additional materials may be added from time to time.

Preparatory Documents:

Concept Note

Day 1: Monday, 27 June 2016

Keynote: Litigation for health rights in Africa
Durojaye, Ebenezer (2016) [Presentation] Open Society Foundations, “Advancing public health through strategic litigation: Lesssons from 5 countries” (2016)

Panel discussion: strategies to ensure change
Atlantic Philanthropies, Budlender, Marcus, Ferreira, “Public interest litigation and social change in South Africa: Strategies, tactics and lessons (2015)
Kabanda, David (2016) [Presentation] Petition 16 of 2011_CEHURD and Others v Attorney General (Maternal Health)
Petition 64 of 2011_CEHURD and Another v Attorney General (Mental Health)

Case studies: Prisoners’ access to treatment in Botswana – Tapela and Others v the Attorney General and Others
High Court judgment
Court of Appeal judgment

Case Studies: Mandatory HIV testing of military employees in Zambia: Kingaipe and Another v the Attorney General
Nkhata, Chipo (2016) [Presentation] High Court judgment (Kingaipe)
Hoffman v South African Airways [2000] ZACC 17

Case Studies: Litigating to protect the rights of people living with HIV and TB in Kenya
Maleche, Allan (2016) [Presentation] Ng’etich and Others v Attorney General and Others (High Court Judgment, Petition 329 of 2014)
Reading List – Nairobi TB Human Rights and the Law Judicial Workshop (June 2016)
Health and Human Rights Law Journal: Special Section on Tuburculosis and the Right to Health

Challenging the criminalisation of HIV transmission and exposure
Eba, Patrick (2016) [Presentation] UNAIDS_Guidance Note: Ending overly broad criminalisation of HIV non-disclosure, exposure and transmission: Critical scientific, medical and legal considerations (2013)
10 Reasons to oppose the criminalisation of HIV exposure or transmission (Open Society Institute, 2008)
Mpofu and Another v The State (Zimbabwe Constitutional Court, 2016)
AIDS Law Project v Attorney General and Others (Kenya High Court, 2015)

Day 2: Tuesday, 28 June 2016

Developing issues – Intellectual property and access to medicines: Theory and overview
Banda, Chikosa (2016) [Presentation] Agreement on Trade Relatred Aspects of Intellectual Property (TRIPS)
ACT Toolkit: Advocacy for Community Treatment (International Treatment Preparedness Coalition, 2014)

Developing Issues – Intellectual property, competition law and access to medicines: Opportunities for litigation
Berger, Jonathan (2016) [Presentation] Using Competition Law to Promote Access to Medicine: A guidebook for low- and middle-income countries (UNDP, 2014)
Using Law to Accelerate Treatment Access in South Africa (UNDP, 2013)

Extra reading:
Guidelines for the examination of patent applications relating to pharmaceuticals (UNDP, 2016)
Good practice guide: Improving access to treatment with flexibilities in TRIPS (UNDP, 2011)
TRIPS transition period extensions for least-developed countries (UNAIDS / UNDP Issue Brief, 2013)

Discrimination in healthcare: What is discrimination and what are the effects on the right to health?
Discrimination in healthcare: Making use of complaints mechanisms
Raw, Annabel (2016) [Presentation]

Panel Discussion: Informed consent for women living with HIV and key populations: A discussion on coercive sterilisation and HIV testing
Chingore-Munazvo, Nyasha (2016) [Presentation] Meerkotter, Anneke (2016) [Presentation] Government of the Republic of Namibia v LM and Others (Supreme Court of Namibia, Judgment 2014)
S v Mwanza Police, Mwanza District Hospital, Ministries of Justice, Internal Affairs, Health, Attorney-General and Ex parte: HB, JM (o.b.o 9 others) [Fact Sheet]

Day 3: Wednesday, 29 June 2016

Panel discussion: Strategies to protect vulnerable litigants
Mokoena, Nthabiseng (2016) [Presentation] Waliuya, Wamundila (2016) [Presentation] Meerkotter (2013) [Legal Memorandum detailing the history of laws applied to sex workers in Malawi]

Enforcement strategies
Budlender, Steven (2016) [Presentation] Teddy Bear Clinic and Another v Minister of Justice and Constitutional Development [2013] ZACC 35

Decisions on costs in public interest litigation:
Botswana: Attorney General v Oatile 2011 (2) BLR 209 (CA); Nchindo & Others v Attorney-General of Botswana & Another 9 [2010] BWCA 49 ; State v Marapo (2002) AHRLR 58 (BwCA 2002).
South Africa: Biowatch Trust v Registrar Genetic Resources and Others [2009] ZACC 14

Workshop 1: Discrimination against people living with HIV and informed consent
Workshop 1 – Case Study Nelson Osiemo

Workshop 2: Prison health
Workshop 2 – Case Study Esther Gumboh
Workshop 2 – Case Study Fostino-Maele

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