Monday 21 September

Human rights

Health and Democracy

In South Africa, as in any society, people’s health is a major factor in both personal and social development. But in South Africa, unlike many other societies, people have a constitutional right both to access health services and to be treated in a way that should improve their health. For example, the rights to dignity, authonomy and equality should all inform and have an impact on the right to health. But despite this, South Africa is a very unhealth society and many indicators of health are getting worse. The HIV epidemic, violence against women, and homelessness all have a negative impact on health.

By Section27, ago

SAHRC enquiry into access to health care services, 2007

This submission argues that there is a growing crisis of disease and ill health in South Africa that not only undermines the quality of life of millions of individuals, but also crucial programmes aimed at the reconstruction and development of the country. Much of this crisis could have been avoided. It results, in large part, from the failure of government to recognize the link between fundamental rights to dignity, equality and autonomy and the state’s constitutional obligations in respect of the right to have access to health care services.

By Section27, ago

Correctional Services Amendment Bill, 2007

A week after Cabinet adopted the Operational Plan for Comprehensive HIV and AIDS Care, Management and Treatment for South Africa (“the Operational Plan”) in November 2003, MM – an inmate at Westville Correctional Centre and the seventh applicant in the case of EN v Government of Republic of South Africa (No 1) – was diagnosed withoesophageal candidiasis, an AIDS-defining illness.

By Section27, ago

Promotion of Equality and Prevention of Unfair Discrimination Act, 2006

The call for public submissions makes it plain that Parliament’s review of the Act will focus on the impact of the statute on women and persons with disabilities. Oursubmission deals squarely with two issues: the proposed express inclusion of HIV/AIDS status as a prohibited ground of unfair discrimination; and access to legal services necessary for the proper implementation of the Act.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago

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.

By Section27, ago
WDA