Health Rights

SALC’s Health Rights programme has the following objectives:

  • To reform laws, policies and practices that contribute to exclusion and discrimination in the enjoyment of health, including laws that undermine the right to informed consent.
  • To remove legal barriers to effective HIV, TB and Malaria treatment, care and prevention.
  • To develop legal protections for the dignity and human rights of people living with HIV, including challenging the unjust and overbroad criminalisation of HIV.
  • To strengthen accountability for discrimination in healthcare settings.
  • To advance the enjoyment of social and environmental determinants of health, particularly for marginalised and vulnerable populations.

On-going cases:

Nigeria: Mandatory HIV testing and dismissal of an employee on the basis of HIV-status.
Zimbabwe: Protecting employees living with HIV from unlawful dismissal.
Zambia: Protecting the health rights of HIV-positive prisoners.
Malawi: Supporting complaints to the Medical Council of Malawi.

Precedent cases:

Malawi: Challenging the criminalisation of breastfeeding by a woman living with HIV.
Zambia: Challenging the Mental Disorders Act of 1949
Botswana: Securing access to antiretroviral treatment for non-citizen prisoners.
Zambia: Challenging mandatory HIV testing of military employees.
Malawi: The right to bail for terminally ill prisoners awaiting trial.
Lesotho: Application for access to healthcare for military detainee.
Malawi: Case challenging unmet palliative care in detention.
Namibia: Coerced sterilisation of HIV-positive women.
Malawi: Mandatory HIV testing of women.

 

23 May 2018 Tashwill Esterhuizen
Botswana: Challenging Criminalisation of Same-sex Sexual Relationships...

In September 2016, a gay man, filed an application challenging the constitutionality of sections 164(a), 164(c) and 165 of the Botswana Penal Code. These provisions criminalise same-sex sexual acts between consenting persons. The man seeks an order that the continued…

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28 Mar 2018 Annabel Raw
Equipping lawyers and activists with the skills to counter criminalisation of HI...

Johannesburg, South Africa – Strategic litigation, legal defense and advocacy efforts are vital tools to counter the criminalisation of HIV and tuberculosis (TB) and advance a human rights and evidence-based public health approach. Over 80 lawyers and activists from 27 African…

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23 Mar 2018 Annabel Raw
SALC IN THE NEWS: WHY PEOPLE FAILING TO TAKE THEIR TB TREATMENT SHOULD NOT BE JA...

Brian Citro, Michaela Clayton, Colleen Daniels, Allan Maleche, Annabel Raw Bhekisisa, Mail & Guardian It's World TB Day. Here's why human rights and TB responses go hand in hand. When the police arrived in their village in Nandi County in…

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02 Mar 2018 Staff Writer
SALC IN THE NEWS: AFRICAN LAWYERS AND JOURNALISTS SENSITISED ON HIV AND TB CRIMI...

Seychelles Nation 02 March 2018 The final of three training sessions for African lawyers on human rights based strategic litigation, legal defence and advocacy on HIV and tuberculosis (TB) justice took place recently in Johannesburg, South Africa. It was hosted…

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13 Feb 2018 Staff Writer
HIV Criminalisation Defence Case Compendium...

In countries all over the world, there have been prosecutions of people living with HIV who allegedly did not disclose their HIV status prior to sex (HIV non-disclosure), were accused of exposing others to HIV (HIV exposure), and/or were accused…

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13 Feb 2018 Staff Writer
[RESOURCE PAGE] Lawyers for HIV and TB Justice: Strategic Litigation, Legal Defe...

                  The Southern Africa Litigation Centre (SALC), HIV Justice Worldwide, the Joint United Nations Programme on HIV/AIDS (UNAIDS), the Stop TB Partnership, the AIDS and Rights Alliance for Southern Africa (ARASA), and…

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