South Africa has a strong legislative framework aimed at preventing HIV-related discrimination in the workplace. Guidelines developed by the International Labour Organisation (ILO) and the Code of Good Practice on HIV/AIDS which is linked to the Employment Equity Act (EEA) provide useful information on the content of HIV workplace policies.
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SubmissionsThe ALP made a follow-up submission to the Portfolio Committee on Justice and Constitutional Development regarding the Criminal Law (Sexual Offences and Related Matters) Amendment Bill. The submission was made on 15 August 2006 based on a new draft version of the bill. 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. In our submission to the Department of Science and Technology (DST) on the draft Intellectual Property Rights from Publicly Financed Research Framework, we noted that “[w]hile we continue to advocate for the development of an intellectual property framework in South Africa that generally facilitates access to essential products, our primary concern is that the legislation and regulations . . . that will result from this process make particular provision for ensuring access to the products of research that were developed using public resources.” 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. The ALP welcomes the opportunity to make a submission on the Draft Regulations Relating to the Obtainance (sic) of information and Processes of Determination and Publication of Reference Lists (“draft regulations”). The ALP accepts that there is a need to address inequity in access to private health care services as well as the need to contain and regulate costs in the private sector. For this reason regular and accurate information about health financing, service prices and business practice in the private sector is essential in determining both health policy as well as a fair and reasonable price for services and products. However, if the draft regulations are to give effect to the objective of obtaining such information then we believe that it should be significantly strengthened. The ALP welcomes the opportunity to make a submission on the draft Medical Schemes Amendment Bill (“the draft Bill”) in so far as it deals with risk equalisation. We do so against the following background: As a section 21 not-for-profit company and a registered law clinic, the AIDS Law Project (ALP) seeks to develop, implement and use laws and policies to protect and advance the rights of people living with HIV/AIDS. In so doing, it aims to ensure arights-based response to the HIV/AIDS epidemic that it believes is best suited to reducing new HIV infections and minimising the negative social impact of AIDS. Part of the Centre for Applied Legal Studies at the University of the Witwatersrand, Johannesburg from 1993 until 2006, the ALP – as an independent organisation – is now formerly associated with the Wits School of Law. We welcome the opportunity to comment on the draft NSP 5-year plan. Although we are aware that the Chief Director: HIV/AIDS and STDs has requested only short inputs (“not essays”) the complexity of the plan, and its importance to South Africa, has required the detailed response below. In addition, whilst working on this submission a further draft (dated 14 November 2006) has been made available. However, most of the points we deal with below remain relevant. 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. |
 
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Legal advice
Understanding NHI