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Draft circular instruction regarding compensation for occupationally acquired HIV, 2005

The Department of Labour is commended for taking the initiative in compiling an Instruction to clarify various issues around compensation for occupationally acquired HIV.

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Disability Grants or Antiretrovirals – 2006

Disability grants or antiretrovirals? A quandary for people with HIV/AIDS in South Africa

Article by Chloe Hardy and Marlise Richter published in the African Journal of AIDS Research Volume 5 (1) 2006.

According to the Department of Social Development, disability grants are available to adult South African citizens and permanent residents who are incapacitated and unable to work due to illness or disability.

A number of people living with HIV/AIDS (PWAs) have accessed disability grants once they have fulfilled the criteria set down by the Department of Social Development. Current government policies entitle PWAs, a least in theory, to access antiretroviral medications. Where PWAs have been able to access antiretroviral treatment (ART) through the government’s antiretroviral programme, this has led to an improvement in their health and subsequent disqualification for a disability grant.

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Appropriate dispensing fee, 2005

In an advertisement placed in the Sunday Times (dated 23 October 2005 and entitled “Call for Submissions”), the Pricing Committee invited “interested parties to provide input on an appropriate dispensing fee as envisaged in terms of section 22G of the Medicines and Related Substances Act, Act No. 101 of 1965” (the Medicines Act). In particular, the advertisement called for interested parties to “provide input on all issues that are relevant to the determination of an appropriate dispensing fee.”

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Working Group on Sexual Offences submission on Criminal Law Amendment Bill, 2005

Criminal Law (Sexual Offences and Related Matters) Amendment Bill

The National Working Group on the Sexual Offences Bill made a submission on 30 October 2005. This submission begins by explaining why violence against women is an obstacle to the socio-economic development of South Africa. It then provides statistics on the extent of the problem before setting out the policies and laws which have been developed to address violence against women, or gender-based violence.

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Revenue Laws Amendment Bill, 2005

The AIDS Law Project (“ALP”) welcomes the objectives underpinning Sections 27, 70 and 71 (“the Sections”) of the proposed Draft Revenue Laws Amendment Bill, 2005 (“the Bill”) to increase access to private health services. In this way, the Bill seeks to achieve its objective through the provision of tax subsidies for medical contributions and expenses to self employed and formally employed persons, including their dependants (beneficiaries). It also aims to remove the distinction between on site and off site medical services, an area of the proposals that we are particularly supportive of.

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Nursing Bill, 2005

The AIDS Law Project (“the ALP”) welcomes, in principle, the move by the Department of Health (“the DOH”) to repeal the Nursing Act 50 of 1978. The memorandum on the objects of the Nursing Bill (“the Bill”) states that its primary purpose is to “transform the Nursing Council so as to increase the protection of the interests of the public” as well as to increase the accountability of the Nursing Council (“the SANC”).

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Patents Amendment Bill, 2005

The AIDS Law Project (ALP) and the Treatment Action Campaign (TAC) welcome this opportunity to make written submissions on the Patents Amendment Bill [B 17 – 2005] (“the Bill”). As two organisations that have consistently advocated for the development of our patent system into one that considers South Africa’s competitive advantage and takes into account the specific needs of its people, we support what the Bill aims to achieve and, in general terms, how it goes about accomplishing its stated objective.

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Siyayinqoba Beat It! 2005 Episode 13 – HIV in the SANDF

Our constitution states that discrimination on the basis of one’s gender, sexual orientation and any unfair discrimination is not acceptable and yet by not employing people living with HIV or AIDS, the South African National Defence Force continues to discriminate against people living with HIV. The SANDF is exempt from key legislation which is the basis of South Africa’s non-discriminatory policy on HIV/AIDS. The support group debated and questioned why the law allows this kind of discrimination to continue in the South African Defence Force.

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Jali Commission enquiry into HIV/AIDS in prisons, 2004 (Supplementary Submission)

The ALP and Treatment Action Campaign made a submission to the Jali Commission in March 2004 entitled “HIV/AIDS in Prison: Treatment, Intervention, and Reform” [NOTE: LINK TO EARLIER SUBMISSION]. The submission dealt with the origins and causes of HIV infection in prisons, HIV prevalence in prisons, the HIV/AIDS policy of the Department of Correctional Services, including early release, and finally made recommendations, including several on the early release of prisoners with HIV/AIDS.

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Draft Regulations to the Medical Schemes Act, 2004

Section 27(2) of the Constitution imposes on the state a positive obligation to take reasonable measures to realise the right of access to health care services for all. By enacting the Medical Schemes Act, 131 of 1998 (the Act), government has created a powerful framework for the effective regulation of the private medical scheme industry.

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Jali Commission enquiry into HIV/AIDS in Prisons, 2004

In prison, HIV/AIDS exacerbates existing problems and also creates new ones, yet the potential for far-reaching positive impact remains. Prisons are an intervention opportunity to reach a segment of the population, which is most likely to need government services related to HIV/AIDS and is also least likely to receive them through any other channel. Most people who end up in prison come from marginalised communities with limited access to health, education, and/or other sources of social welfare. For many of these people, their interaction with the criminal justice system will be their most extensive exposure to public services of any kind. Without an appropriate response to HIV/AIDS in prisons, the potential consequences will be increasingly tragic for both prisoners and the communities they represent.

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Submission to Canada's Parliament on bill to amend the Patent Act and the Food and Drugs Act

The global AIDS epidemic is one of the greatest threats to security and development in the world. Millions of people in developing countries are dying of AIDS, TB and malaria – while the first world sits idly by. High prices of medicines, protected from competition by patent law, make it impossible for poor people to protect themselves against illness and death.

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Health and Hope in Our Hands – 2004

Health and Hope in Our Hands: Addressing HIV and AIDS in the aftermath of rape and woman abuse.

This manual offers hands-on advice for service providers, health providers, traditional healers, counsellors and activists on how to deal with rape and sexual assault, as well as to provide a comprehensive package of care to rape survivors. It focuses on post-exposure prophylaxis (PEP), HIV/AIDS, domestic violence, and living with HIV/AIDS amongst other topics.

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Regulations Relating to Foodstuffs for Infants and Young Children, 2003

This submission comments on the Draft Regulations Relating to Foodstuffs for Infants and Young Children (“the Regulations”) published in terms of the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972.

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Comprehensive system of social security for South Africa, 2003

The ALP and TAC strongly endorse the principles underpinning the key findings and proposals made in the Report. In particular,we support the Report’s promotion of the concept of Comprehensive Social Protection (CSP) which seeks to provide the basic means for all people living in the country to effectively participate and advance in social and economic life, and in turn to contribute to social and economic development, recognising that high levels of unemployment, extreme poverty and inequality are significant barriers to sustainable growth.

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HIV/AIDS and the Law Manual

The first edition of HIV/AIDS and the Law: A Resource Manual was published in May 1997. Six years later, stigma, unfair discrimination and human rights violations against people living with HIV or AIDS remain common in our society. This is an attack on the rights of thousands of people to dignity and equality, and also a serious obstacle to effective HIV prevention, treatment and care.

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Compulsory Testing of Alleged Sexual Offenders Bill, 2003

The arguments and recommendations in this submission are based on a number of human rights and public health considerations. In particular we have focused on the following four areas: the rights of the survivor of sexual assault; the rights of the accused; theimpact of the draft bill on public health measures to limit spread of HIV; and the impact of the bill on state services for survivors of sexual assault. These are not isolated concerns, being interrelated and having an impact on each other.

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Medicines and Related Substances Amendment Bill, 2002

On 19 April 2001, the Pharmaceutical Manufacturers’ Association of South Africa (PMA) and numerous multinationalbrand-name pharmaceutical companies abandoned their legal challenge to the Medicines and Related Substances Control Amendment Act, 90 of 1997 (the Medicines AmendmentAct).

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Child Care Act Discussion Paper, 2002

In this submission, we provide support for the majority of the Commission’s recommendations and make suggestions to strengthen certain areas. We have also indicated where we recommend that further research and discussions be conducted to find appropriate solutions.

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National Health Bill, 2002

The AIDS Law Project (ALP), AIDS Consortium (Consortium) and the Treatment Action Campaign (TAC) welcome the release of the draft National Health Bill (the NHB or the Bill), published for public comment on 9 November 2001, and to be tabled in Parliament later this year.

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