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

Termination of pregnancy (Abortion)

The Choice of Termination of Pregnancy Act gives women the right to have safe and legal terminations.

APPLYING FOR TERMINATION

To apply for an abortion the woman should:

  • Ask her doctor to refer her to a hospital or clinic where terminations take place
  • Go to a non-profit clinic that assists women with advice and care on issues around pregnancy and reproduction
  • Go to the hospital in her area that the government has set aside to do terminations (called ‘designated hospitals’)
  • Go to the nearest doctor or nurse at the local primary health care clinic
  • Consult a counselor at a community centre
  • Visit a social worker in her district

Sometimes healthcare workers do not give women the right information because they think that it is wrong for a woman to terminate her pregnancy. At other times, healthcare workers have forced pregnant women living with HIV or AIDS to have a termination. This is against the law, as only a woman has the right to decide whether she wants to continue with her pregnancy or not. If this happens to you, you should make a complaint to the Commission on Gender Equality (CGE) or the Department of Health.

WHERE WILL THE TERMINATION TAKE PLACE?

The termination will take place at a hospital or clinic that has been authorised to do terminations by the health minister. Social workers, doctors, nurses and midwives will be able to advise a woman where the nearest facility is.

TERMINATION BY HIV-POSITIVE WOMEN

A woman living with HIV or AIDS may apply for a termination, as without treatment there is a nearly 20% risk of infection to her child. It is possible that she may be able to have a termination even after the 20th week of pregnancy. A woman can only have a termination after the 20th week of her pregnancy if a doctor, after discussing it with another doctor or a registered midwife, believes that the pregnancy could be dangerous for the woman or could result in a deformed baby.

CONSENT FOR TERMINATION OF PREGNANCY

The Choice on the Termination of Pregnancy Act says that a woman doesn’t need to ask her husband before she decides to end her pregnancy. Healthcare workers cannot refuse to do a termination because a woman has not told her husband.

TERMINATION FOR A GIRL UNDER THE AGE OF 18 YEARS

The law says that a young woman under 18 may apply for a termination without the knowledge or consent of her parents. Doctors and midwives should advise her to discuss this with her parents, but they cannot force her to do this. Healthcare workers cannot refuse to terminate her pregnancy if she does not want to discuss her decision with her parents.