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Chapter 10
Related Sections
1
INTRODUCTION
2
WHAT ARE HIV AND AIDS?
3
The different stages of HIV
4
How do you get HIV?
5
Who is at most risk of contracting HIV?
6
How do you treat HIV and AIDS?
7
How do HIV and AIDS impact on individuals and society?
8
HIV/AIDS AND TB
9
What is TB?
10
What is the association between TB and HIV?
11
How does TB spread?
12
What factors affect TB transmission?
13
What is the difference between TB infection and disease?
14
What is drug-resistant TB?
15
How can TB be recognised?
16
Why is early diagnosis important?
17
What are the symptoms of TB?
18
How is TB treated?
19
HIV/AIDS AND RIGHTS
20
HEALTH AND MEDICAL RIGHTS
21
Confidentiality
22
HIV testing and informed consent
23
The right to health care and medical treatment
24
HIV/AIDS AND TB IN THE WORKPLACE
25
Laws that give employees with HIV, AIDs and/or TB rights at work
26
General rules about HIV and AIDS that apply in the workplace
27
Code of Good Practice on HIV/AIDS and Employment
28
What happens if you become too ill to work?
29
When can TB patients return to work?
30
Can TB patients go on leave?
31
How can TB be prevented in the workplace?
32
What can you do to protect your rights at work?
33
WOMEN AND HIV/AIDS
34
Rape and HIV infection
35
Termination of pregnancy (Abortion)
36
Sterilisation
37
Commercial sex work
38
Customary practices and HIV/AIDS
39
Mother-to-child transmission of HIV
40
LGBTQI+ PERSONS AND HIV/AIDS
41
CHILDREN & YOUTH AND HIV/AIDS
42
Discrimination and abuses faced by children (relating to HIV/AIDS)
43
How does the law protect children (relating to HIV/AIDS)?
44
Dealing with HIV/AIDS in schools
45
Adoption, fostering and HIV/AIDS
46
Children’s health rights and HIV/AIDS
47
PRISONERS AND HIV/AIDS
48
Prisoners’ rights and HIV/AIDS
49
Some rights and rules about prisoners and HIV/AIDS
50
The rights of accused people and HIV/AIDS
51
Bail and sentencing for rape accused with HIV/AIDS
52
SOCIAL SUPPORT AND MEDICAL CARE FOR PEOPLE LIVING WITH HIV/AIDS
53
Disability grants for people with HIV/AIDS
54
Grant-in-aid for people with HIV/AIDS
55
Fast-tracking grants
56
Other forms of relief for people with HIV/AIDS
57
Insurance and HIV/AIDS
58
HIV/AIDS STRATEGIC PLAN FOR SOUTH AFRICA
59
The South African National Aids Council (SANAC)
60
PROBLEMS
61
Problem 1: Keeping medical information confidential
62
Problem 2: Entry to school refused because of HIV status
63
Problem 3: Dismissing a worker who is HIV-positive
64
Problem 4: Refusing to employ an HIV-positive person
65
Problem 5: Making a complaint about being refused medical care
66
Problem 6: Applying for a disability grant
67
COMMUNITY ACTION
68
Running an HIV/AIDS and TB Awareness Campaign

Bail and sentencing for rape accused with HIV/AIDS

All accused people have a right to apply for bail. However, where the crime is very serious, for example, rape, the law makes it more difficult to get bail particularly – where the accused knew that he was HIV-positive or had AIDS at the time of the rape. The minimum sentence for a person accused of rape who is HIV-positive is much higher than the minimum sentence for a person accused of rape who is not HIV-positive. (See The Criminal Procedures Second Amendment Act (Bail law))