POSITIVE OR NEGATIVE? Compulsory HIV testing of alleged sexual offenders

Authors

  • Stefanie Roehrs University of Cape Town

DOI:

https://doi.org/10.17159/2413-3108/2007/i20a975

Keywords:

HIV, AIDS, HIV testing, sexual offenders, rights, victims

Abstract

Since 2003 the Portfolio Committee on Justice and Constitutional Development has deliberated on legislation providing for the compulsory HIV testing of accused sexual offenders. After having been approved by the National Assembly and submitted to the National Council of Provinces in May 2007, it seems likely that compulsory HIV testing of alleged sexual offenders will be enacted as part of the new sexual offences legislation. This article describes the development and content of the provisions on compulsory HIV testing and examines their practical utility against the background of the alleged offender’s constitutional rights. It is argued that these provisions are unlikely to provide the relief sought by victims, and may result in an unconstitutional limitation of an accused’s right to privacy.

Downloads

Download data is not yet available.

Author Biography

  • Stefanie Roehrs, University of Cape Town
    Gender, Health & Justice Research Unit

Downloads

Published

2007-03-08

Issue

Section

Research articles