Compulsory HIV testing of sex offenders.
|Article Type:||Brief article|
HIV testing (Laws, regulations and rules)
Sex offenders (Medical examination)
Sex offenders (Laws, regulations and rules)
|Publication:||Name: South African Medical Journal Publisher: South African Medical Association Audience: Academic Format: Magazine/Journal Subject: Health Copyright: COPYRIGHT 2009 South African Medical Association ISSN: 0256-9574|
|Issue:||Date: Jan, 2009 Source Volume: 99 Source Issue: 1|
|Topic:||Event Code: 930 Government regulation; 940 Government regulation (cont); 980 Legal issues & crime Advertising Code: 94 Legal/Government Regulation Computer Subject: Government regulation|
|Geographic:||Geographic Scope: South Africa Geographic Code: 6SOUT South Africa|
Alleged sex offenders may be compelled to be tested for HIV at
state expense without their consent. David McQuoid-Mason examines the
legal implications of the Sexual Offences Act (4) that allows victims of
sexual offences, interested persons on their behalf, and investigating
officers of the South African Police Service to apply for such a court
order. To protect the alleged offender's constitutional right to
privacy, special procedures exist to protect the confidentiality of the
court application and the HIV test results.
A person's constitutional right to bodily integrity and privacy is violated if their blood is tested for HIV without their informed consent, except where this is allowed by reasonable and justifiable legislation. Given the high incidence of sexual violence and HIV in South Africa, the compulsory testing of alleged sex offenders for HIV without their consent is reasonable and justifiable, provided that constitutional safeguards regarding confidentiality are maintained.
(1.) Madiba TE, Esterhuizen TM, Thomson SR. Procedure for prolapsed haemorrhoids versus excisional haemorrhoidectomy--a systematic review and meta-analysis. S Afr Med J 2009; 99: 43-53.
(2.) Tumbo JM, Couper ID, Hugo JFM. Rural-origin health science students at South African universities. S Afr Med J 2009; 99: 54-56.
(3.) Steyl C, Van Zyl-Smit R. Mechanisms of oedema formation: The minor role of hypoalbuminaemia. S Afr Med J 2009; 99: 57-59.
(4.) McQuoid-Mason D. Compulsory HIV testing of alleged sex offenders. S Afr Med J 2009; 99: 26-28.
|Gale Copyright:||Copyright 2009 Gale, Cengage Learning. All rights reserved.|