The right to the highest attainable standard of physical and mental health . This right ensures that PLWHA can be able to access health treatment and they may not be refused emergency medical treatment.
The right to work ; This right ensures that PLWHA are not discriminated at work and are ensured of acquiring work irrespective of their HIV status
The right to privacy . It enables a PLWHA to keep information about to his status to himself. It further protects them from being forced to disclose their status for purpose or receiving essential services
The right to freedom of opinion and expression and the right to freely receive and impart information . This right helps in ensuring availability of information on how to prevent HIV and AIDS in schools or prisons
Mandatory testing for marriage purposes is a futile exercise as it at the same time offends against the right to marry and found a family and plays no positive role in the prevention of transmission of the virus.
No partner/spouse can insist on the other being tested for HIV.
An adult employee may only be tested for HIV with his/her informed consent.
In certain countries e.g. Kenya exceptions to Voluntary testing has been made in cases of persons charged with Sexual Offences
JANSEN VAN VUUREN and ANOTHER NNO vs. KRUGER 1993 (4) SA 842 (A)
The plaintiff wanted to apply for a life assurance policy. His insurance company informed him that he had to do a HIV test. He proceeded to have the test done at the Defendants clinic who informed him that he was HIV positive. The defendant disclosed this information to his colleague while playing golf. The news spread around the community and the plaintiff got wind of the same. He decided to sue the defendant for breach of confidentiality. The Supreme Court of Appeal in South Africa decided that a doctor cannot disclose the HIV status of his patient to other doctors without the consent of the patient unless there is a clear legal duty to do this
Polygamy and polyandry which permit of multiple partners raise complex and unresolved legal and ethical issues particularly as the former is recognized in many African and Muslim marriages for example A married woman in such A union cannot file divorce on grounds of adultery by the husband.
While certain jurisdictions have recognized marital rape most countries in the world have not done so. The effect is to compel A woman who lacks bargaining powers by virtue of her economic sub-jugation to submit to sexual contacts with an HIV infected husband.
Many matrimonial law statutes in fact provided for judicial restitution of conjugal rights where the same may have been denied by a vulnerable woman on good grounds. This legal provision actually negates abstinence
The need for advancement of Biomedical research on HIV and AIDS related research is inevitable
It does raise legal and ethical questions, as the research involves humans hence the need to protect their fundamental rights becomes necessary
Hence, the legal and ethical issues are raised by the fact that there is need for advancement of Biomedical research on the one hand and the importance of protection of the human rights of the human research subject
All research must conform all ethical requirements and researcher’s must embrace and respects the rights of research subjects as enshrined in International Instruments and guidelines such as the Helsinki Declaration
Ethical Research committees should be created to scrutinize the validity of research conducted in a particular country
All research protocols must ensure they protect the human rights of the human subjects participating in the study