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AIDS Law Project * 1993 – 2002 and beyond * Insurance * Law and treatment access

Explore the evolution of the AIDS Law Project from 1993 to 2002, focusing on key milestones, litigation, policy development, and advocacy for treatment access. Discover the impact on insurance, law, and employment equity in addressing HIV/AIDS discrimination. Learn about the mission, structure, and successes of the project in promoting human rights for people living with HIV/AIDS. Gain insights into the legal challenges faced, including struggles with insurance, housing, and funeral cover, and the efforts to create a more equitable society for all.

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AIDS Law Project * 1993 – 2002 and beyond * Insurance * Law and treatment access

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  1. AIDS Law Project * 1993 – 2002 and beyond * Insurance * Law and treatment access Fatima Hassan, Teboho Motebele and Jonathan Berger AIDS Law Project Centre for Applied Legal Studies University of the Witwatersrand

  2. Overview of presentation • Mission & structure of the ALP • ALP and employment equity • Key policy developments pre-1993 • Key ALP milestones and developments: 1993 - 2002 • Law reform and policy development • Litigation and jurisprudence • Advocacy through information • New challenges • Consolidating legal framework • Using legal framework by creating capacity

  3. Mission statement • Protectand advance the rights of people living with HIV/AIDS (PWAs) • Litigating to redress unfair discrimination and to establish legal precedents • Legal advice for people living with and affected by HIV/AIDS • Legal advice and litigation services for key HIV/AIDS organisations working to advance the rights of PWAs • Research, lobbying and advocacy to develop an appropriate legal and policy framework • Developing resource materials on HIV/AIDS and human rights that promote legal literacy and an awareness of human rights

  4. Organisational structure Administration and management Law and Treatment access Litigation and paralegal services Policy, research and advocacy UNAIDS Collaborating Centre Canadian HIV/AIDS Legal Network partner organisation

  5. ALP and employment equity

  6. Key developments: 1980s • 1983 • DoH tells public not to panic—only white gay men were “high risk” • Speculated that two deaths “isolated cases” • 1987 • Regulations issued in terms of Admission of Persons to the Republic Act, 1972 providing for foreign nationals with HIV/AIDS to be denied entry to or deported from SA • 1988 • 1000 foreign mineworkers with HIV repatriated after contracts not renewed

  7. Key developments: 1990-1992 • 1990 • ANC Maputo Statement—prioritise HIV prevention • 1991 • ANC Health Secretariat and DoH begin discussions on possible action on HIV/AIDS • 1992 • Joint ANC/DoH conference on HIV/AIDS in SA • Establishment of NACOSA—umbrella body to co-ordinate SA response to AIDS (NACOSA Plan) • Launch of AIDS Consortium’s AIDS and HIV Charter of Rights

  8. Law reform and policy • 1997: Cabinet prohibition on PET • 1998: International Human Rights Guidelines • 1998: DCS Policy change allowing condoms in prisons • 1998: SADC Code on HIV/AIDS and Employment • 1998: Employment Equity Act • 1998: Medical Schemes Act • (1998: TAC launched) • 2000: Equality Act • 2000: Code of Good Practice on Key Aspects of HIV/AIDS and Employment • 2002: Revised Guideline 6

  9. Unfair discrimination • Labour Relations Act, 1995 • Prohibits unfair discrimination, work conditions and benefits • Employment Equity Act, 1998 • Prohibits unfair discrimination: HIV/AIDS status and unauthorized testing • Medical Schemes Act, 1998 and Regulations • Admission guaranteed, with prescribed minimum benefits and without increased contributions; two submissions on PMBs • Equality Act, 2000 (not yet in force) • Listed grounds, disability, schedule of unfair practices

  10. Litigation and jurisprudence • 1994: Jansen van Vuuren v Kruger NNO- confidentiality • 1996: C v Minister of Correctional Services- informed consent • 1998: “A” v SAA – PET and exclusion • 2000: Hoffman v SAA – PET and exclusion • 2001: “NS” v Old Mutual – employee benefits control • 2001: PMA v President of RSA – access to medicines • 2001-2002: TAC v Minister of Health – PPTCT • 2002: Pereira v Buccleuch – discrimination • 2002: TAC v MEC Mpumalanga and Minister – contempt • 2002: Tau v GSK and BI – excessive pricing

  11. Advocacy through information • 1997: First edition ‘HIV/AIDS and the Law: a Resource Manual’ (3000 copies) • 2000: Current Law and Policy Series on Employment, Health care, Women (3 languages) • 2001: Second edition ‘HIV/AIDS and the Law a Resource Manual’ (3500 copies) • 2002: Guidelines for Advice Office workers • 2002: ‘Preventing HIV after rape’ (4 languages; 40,000 copies distributed)

  12. Treatment access • 2002: LTAU formed • Litigation • Parliamentary Submissions • Law Reform • Research • Engage with regulatory bodies

  13. New challenges • Creating knowledge of the legal framework and capacity to use it … • Access to treatment • Dangers of resort to criminal law • New forms of discrimination • Road Accident Fund? • Pension funds, employee benefits • Insurance and Housing • Funeral Cover

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