Compulsory HIV Testing of Alleged Sex Offenders (Medicine and the Law) (Report)

Compulsory HIV Testing of Alleged Sex Offenders (Medicine and the Law) (Report)

Alleged sex offenders may be compelled to be tested for HIV at state expense without their consent. The Sexual Offences Act (1) (the Act) allows victims of sexual offences, interested persons on their behalf, and investigating officers of the South African Police Service (SAPS) to apply to a magistrate for such a court order. (2) To protect the alleged offender’s constitutional right to privacy, special procedures exist to protect the confidentiality of the court application and the HIV test results. A person’s constitutional right to bodily integrity and privacy (3) is violated if their blood is tested for HIV without their informed consent (4) except when this is allowed by reasonable and justifiable legislation. (5) For example, a health service may be provided to a person without consent when authorised in terms of a law or court order (6)–as is allowed in terms of the Act. (2) Given the high incidence of sexual violence and HIV in South Africa, the compulsory testing of alleged sex offenders for HIV without their consent is reasonable and justifiable, provided that constitutional safeguards regarding confidentiality are maintained.

Compulsory HIV Testing of Alleged Sex Offenders (Medicine and the Law) (Report)



Here is Download Link

Compendium Of Key Documents Relating To Human Rights And Hiv In Eastern And Southern Africa


Compendium Of Key Documents Relating To Human Rights And Hiv In Eastern And Southern Africa Read Online Download

Author by :
Languange Used : en
Release Date : 2008
Publisher by : PULP






Justice


Justice Read Online Download

Author by :
Languange Used : en
Release Date : 2008
Publisher by : PULP






Hiv Screening And Access To Care


Hiv Screening And Access To Care Read Online Download

Author by : Institute of Medicine
Languange Used : en
Release Date : 2011-01-22
Publisher by : National Academies Press






Child Abuse


Child Abuse Read Online Download

Author by : Kimberly A. McCabe
Languange Used : en
Release Date : 2016-11-25
Publisher by : CRC Press






Fifth Interim Report On Aspects Of The Law Relating To Aids


Fifth Interim Report On Aspects Of The Law Relating To Aids Read Online Download

Author by : South African Law Commission
Languange Used : en
Release Date : 2001
Publisher by :






Health Care Management And The Law Principles And Applications


Health Care Management And The Law Principles And Applications Read Online Download

Author by : Donna Hammaker
Languange Used : en
Release Date : 2010-03-19
Publisher by : Nelson Education






Fourth Interim Report On Aspects Of The Law Relating To Aids


Fourth Interim Report On Aspects Of The Law Relating To Aids Read Online Download

Author by : South African Law Commission
Languange Used : en
Release Date : 2000
Publisher by :






Leave a Reply

Your email address will not be published. Required fields are marked *