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Chapter 9 - HIV and AIDS AND THE LAW

HIV/AIDS Strategic Plan for South Africa, 2007 - 2011

In 2003 the South African government approved a Comprehensive National Plan on HIV/AIDS Care, Management and Treatment. This plan was evaluated and revised in 2006 and a new strategy was published.

The strategy has clear targets and aims to reduce the number of new infections by 50% and get appropriate treatments, care and support to 80% of people who need it by 2011. It also has a strong focus on reducing the number of infections among young people.

The government, however, faces a big challenge in meeting these goals and will need a great deal of cooperation from civil society and local communities. The strategy is based on the principles of partnership, effective leadership and good communication. It seeks to promote social change and to make sure that funding is available for key programmes.

The strategy is holistic and addresses issues like poverty reduction and social safety nets, the empowerment of women and the promotion of testing. It also focuses on human and legal rights, medical research and monitoring and evaluation of programmes and projects.

The following are some of the key targets and programmes:

Prevention

• Reduce vulnerability through poverty reduction, the empowerment of women and promoting testing.
• Reduce sexual transmission through promoting behaviour change among young, HIV positive and high risk people. Develop programmes for the workplace. male sexual health and against gender violence and alcohol and substance abuse.
• Improve programmes to deal with TB, STIs and prevention of infection in sexual assault cases.
• Reduce mother to child transmission to less than 5% by expanding services.
• Minimise transmission through blood through workplace safety, safe blood transfusion supplies and programmes to deal with risk in traditional practices and drug use

Treatment, care and support

• Reduce the number of people who are ill with AIDS or who die from AIDS by providing the appropriate package of treatment, care and support to 80% of people who need it by 2011.
• Increase access to voluntary counselling and testing.
  
• Enable people with HIV to lead healthy and productive lives by increasing treatment, care and support and managing TB and HIV co-infection.
  
• Improve care for people who are dying.
  
• Strengthen the health system and improve access to it.
  
• Target mothers and children who are ill and provide proper treatment, ART and nutrition to them.
  
• Strengthen community care programmes, home-based care and support groups.
  
• Ensure that programmes are developed to target older people and disabled people affected by HIV and AIDS.

Research and monitoring

• Develop and implement a monitoring and evaluation system.
• Support research into microbicides and vaccines and male circumcision.
• Conduct research on cost-effective forms of treatment and prophylaxis (prevention) as well as on the effectiveness of traditional medicines.

Human and Legal Rights

• Ensure everyone knows and understands the laws and policies relating to HIV and AIDS.
• Ensure non-discrimination and adherence to laws and monitor human rights violations.
• Mobilise society to organise itself and build leadership of HIV positive people to protect and promote human rights.
• Identify and remove legal, policy and cultural barriers to effective prevention, treatment and support.
• Focus on the human rights of women and girls, including those with disabilities and mobilise society to stop gender violence and advance equality in sexual relations.

The strategy is a living document and will be reviewed and updated regularly.

SANAC

The South African National AIDS Council (SANAC or NAC), is the main official body coordinating the government’s HIV/AIDS programme.

It is chaired by the South African Deputy President and has members from government, civil society (NGOs), the private sector and unions. People living with HIV/AIDS and women’s groups are also represented. SANAC is engaged in shaping, influencing and implementing policies and programme interventions.

Acknowledgement

The contents of certain sections of this chapter were originally based on relevant chapters in the publication HIV/AIDS and the Law, published by the AIDS Law Project and Lawyers for Human Rights. It was first published in May 1997 with a 2nd edition in 2001. For more information contact the AIDS Law Project.
Telephone (011) 717 8600
Fax (011) 403 2341
e-mail alpadm@wits.ac.za