+ HIV Testing

A bold, courageous move on HIV testing

The following opinion piece by SECTION27 Senior Researcher Jonathan Berger was published on Health-e and in The Star on 11 March 2011.
For too long the debate about HIV testing and human rights has largely focused on the implications of the former for the latter: how testing has the potential to undermine rights. Given the experiences of many people living with HIV, this is understandable: many have lost – or been denied – jobs; insurance policies have been denied routinely; access to health care services has often been limited.

South African Security Forces Union and Others v Surgeon General and Others

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.