Human Rights under Threat : Four Perspectives on HIV, AIDS and the Law in Southern Africa

"The aim of this paper is to examine the existing HIV testing and counseling policies, particularly those aimed at the routine testing of individuals attending health institutions in the SADC region, and to consider the human rights implications of such policies. The study identifies factors within some current policies that may lead to the violation of the human rights of people to be tested for HIV under routine testing policies. Possible solutions to contribute to ensuring that efforts to reach the important goal of scaling up access to AIDS treatment do not undo hard won gains in the protection of individual rights in the context of HIV and AIDS will also be proposed. The research also considers the legal environment in which routine testing policies are being introduced in the region. The question if whether this environment is favourable to the protection of the human rights of those to be tested under these policies. "