SECTION27 is a public interest law centre that seeks to influence, develop and use the law to protect, promote and advance human rights. Our name is drawn from the section in the South African Constitution which enshrines everyone's right to health care, food, water and social security.
On 15 and 16 May 2008, a ground breaking case on the constitutionality of HIV testing policies that are used to exclude ALL people with HIV from recruitment to, promotion or foreign deployment in the SA National Defence Force was heard in the Pretoria High Court.
The court was asked to declare the blanket exclusion unconstitutional, order the appointment or promotion of individual’s adversely affected by the policy and to order the SANDF to devise a new policy within six months.
The Treatment Action Campaign (TAC) and the AIDS Law Project (ALP) welcome this opportunity to make a submission to the Panel for the Independent Assessment of Parliament. The TAC and ALP are civil society organizations dedicated to upholding the rights of people to have access to health care services, to ensuring that the state discharges its positive constitutional obligations in respect of that right, and to ensuring a comprehensive response to HIV/AIDS both domestically and internationally.
The AIDS Law Project (ALP) and the Treatment Action Campaign (TAC) focus much of their work on ensuring that full and meaningful effect is given to the Bill of Rights recognition that “[e]veryone has the right to have access to … health care services” and that the “state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization” of this right.
In recognising the important role entrusted to the Nursing Council (“the Council”) by the Nursing Act, 33 of 2005 (“the Act”), this submission is primarily concerned with ensuring that the process in terms of which members of the Council are appointed instills public confidence in that body.
The ALP made a follow-up submission to the Portfolio Committee on Justice and Constitutional Development regarding the Criminal Law (Sexual Offences and Related Matters) Amendment Bill. The submission was made on 15 August 2006 based on a new draft version of the bill.