The most prevalent view is that health is better addressed by medical practitioners and public health experts and as such, health is not ordinarily seen as a legal matter. The reality is that the law has the ability to impact health outcomes and thus has a critical role to play in advancing public health in general, and in promoting the health of marginalised populations in particular.

The Global Commission on HIV and the Law, for instance, has documented the positive role that strong legal protections can play specifically in addressing HIV.

There have been great advances in addressing HIV/AIDS in the past 21 years, however, despite all reported successes in the fight against the epidemic, HIV-related stigma and discrimination continue to undermine the efforts in prevention, treatment and care for PLHIV all over the world. Various studies show a link between HIV-related stigma and discrimination and ‘delayed HIV testing, non - disclosure to partners and poor engagement with HIV services.

‘Good laws, fully resourced and rigorously enforced, can widen access to prevention and health care services, improve the quality of treatment, and enhance social support for people affected by the epidemic.’

HIV as a health issue is extraordinary because it cuts across various areas of law and thus impacts on various rights, namely, the right to non-discrimination on the basis of actual or perceived HIV status, the right to access to HIV-prevention services, right to confidentiality and privacy, right to a work environment that is respectful and supportive of PLHIV, right to reproductive health for women, to mention a few.

Strong civil society movements for social justice have played a significant role in ensuring that PLHIV have a right not to be discriminated against, a right to dignity and privacy, as well as access to health care. The South African Constitution, enacted legislation, the common law and policy as interpreted and articulated in various chapters of the Guide is clear that no one can be discriminated against on the basis of their of HIV status.

The law cannot remain on paper – it has to be implemented. HIV is a daily reality for over 6 million South Africans, therefore, law professionals can – and must – play an active role in the fight against epidemic by advising those that are infected and affected with HIV/AIDS.

HIV and the Law in South Africa: A Practitioners’ Guide aims to help role-players navigate this complex terrain, through a comprehensive taxonomy covering:  Constitutional, Legislative and Policy Framework on HIV in South Africa; HIV Testing, Confidentiality and Informed Consent; Access to Health Care Services for People Living with HIV; The Management of HIV in the Workplace; Insurance Law and HIV; Social Grants (Support) for People Living with HIV; Women and HIV: Protecting the Health and Rights of Women and Girls; Children and HIV: Safeguarding the Rights and Interests of Children;  The Rights of Inmates Living with HIV: Access to Treatment and Prevention; Access to health Care For Foreign Nationals; Wrongful Transmission of HIV: Criminal and Civil law Perspective; and The Science and Medicine of HIV.

HIV and The Law In South Africa: A Practitioner’s Guide [ISBN 9780409127829] can be purchased in print or as an e-book at a cost of R 500.00 inclusive of VAT and excluding delivery. It is available through the LexisNexis online bookstore.

Written by By Amelia Vukeya Motsepe, Lexis Nexis