Health Rights

SALC’s Health Rights programme has the following objectives:

  • To strengthen accountability for discrimination in health care settings, including by improving the responsiveness of complaints mechanisms.
  • To remove legal barriers to effective HIV, TB and Malaria treatment, care and prevention.
  • To develop jurisprudence to ensure that the dignity and human rights of people living with HIV are respected and protected.
  • To challenge laws, policies and practices which contribute to exclusion and discrimination, including laws which criminalise HIV transmission and which ignore the principles of informed consent in health care provision.
  • To support the disability rights programme and criminal justice programme to ensure improved health care for persons with disabilities and persons in police custody and detention.

On-going cases:

Nigeria: Case challenging unlawful HIV testing and dismissal on the basis of HIV status.
Zimbabwe: Case challenging non-consensual disclosure of nurse’s HIV status and subsequent dismissal.
Malawi: Complaint regarding negligent death of a woman in labour.
Zambia: Case challenging prison conditions and provision of adequate food for prisoners with HIV.
Zambia: Challenging the Mental Disorders Act.

Precedent cases:

Malawi: Appeal of conviction of woman living with HIV for reckless act ‘likely to spread a disease’ after she breastfed a child.
Zambia: Challenging mandatory HIV testing of military employees.
Botswana: Challenging the refusal to provide antiretrovirals to foreign prisoners.
Malawi: Challenging refusal to grant bail for terminally ill remandees.
Lesotho: Application for access to healthcare for military detainee.
Malawi: Case challenging unmet palliative care in detention.
Namibia: Coerced sterilisation of HIV-positive women.
Malawi: Mandatory HIV testing of women.

 

14 Dec 2017 Staff Writer
Zambia: Challenging the Mental Disorders Act of 1949...

SALC supported a petition by three persons with psychosocial disabilities and the Mental Health Users Network of Zambia (MHUNZA) to repeal the Mental Disorders Act of 1949 in Mwewa and Others v the Attorney General and Others. The Petitioners argue that the Act…

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11 Dec 2017 Staff Writer
NEWS RELEASE: HUMAN RIGHTS ORGANISATIONS APPLAUD AFRICAN COMMISSION’S LAUN...

Abidjan, Côte d’Ivoire –  On this International Human Rights Day, regional human rights organisations commend the African Commission on Human and Peoples’ Rights (ACHPR) on the adoption and launch of the summary version of the Report on the Law and…

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29 Nov 2017 Staff Writer
NEWS RELEASE: HUMAN RIGHTS ACTIVISTS CELEBRATE MALAWI’S ADOPTION OF AMENDED HI...

Lilongwe - On Tuesday, 28 November, Malawi Members of Parliament voted to reject coercive and criminalising provisions that threatened human rights in a long-deliberated HIV (Prevention and Management) Bill. Activists and people living with and affected by HIV celebrated outside…

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21 Nov 2017 Tashwill Esterhuizen
SALC IN THE NEWS: PROGRESSIVE BOTSWANA COURT AFFIRMS THAT LEGAL RECOGNITION OF G...

The Daily Maverick Tashwill Esterhuizen For the second time in two years, the Botswana courts have shown themselves to be champions of jurisprudence which acknowledges the rights of lesbian, gay, bisexual and transgender persons and their right to equal protection…

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06 Nov 2017 Staff Writer
CIVIL SOCIETY STATEMENT ON THE CRIMINALISATION OF HIV AT THE 61ST ORIDINARY SESS...

BANJUL, The Gambia—Civil society organisations working on HIV and human rights, delivered a statement at the 61st Ordinary Session of the African Commission on Human and People’s Rights condemning the disturbing trend of the enactment of repressive HIV specific laws…

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02 Nov 2017 Staff Writer
SALC IN THE NEWS: MALAWI RIGHTS BODIES DEFY CRIMINALISING THE TRANSMISSION OF HI...

Nyasa Times By Alfred Chauwa Stakeholders have described the new HIV and AIDS Bill as ‘a bad law’ and a disaster to happen as it is discriminatory and will impede the fight against AIDS. The bill includes mandatory HIV testing…

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