Human Rights and HIV-Testing in the South African Armed Forces

Whose Rights Are Paramount

Datos Bibliográficos

ID12719829
AutoresLindy Heinecken (0000-0003-1315-0000, autor de correspondencia), Michelle Nel (0000-0001-6032-9770)
Año2009
Volumen8
Número4
Páginas340-359
Fecha de publicación2009-11-13
Open AccessNo
TipoARTICLE
RevistaJournal of Human Rights (JOURNAL)
Identificadores de la revistaISSN: 1475-4835 • E-ISSN: 1475-4843
EditorialTaylor & Francis (PUBLISHER • GB)
DOI10.1080/14754830903324787
OpenAlexW2043931527
IdiomaEN
Referencias citadas11

Human rights and HIV-testing is a complex issue, especially where it pertains to the military. In this article an attempt is made to answer the question of whose rights are paramount—the right of the individual to serve in the military, to be promoted, and to be deployed versus the state's obligation to ensure that the armed forces are operationally effective and capable of safeguarding the interests of society, or the international community who they have been commissioned to safeguard. These issues are both complex and highly controversial from a rights perspective. Across the world most militaries test recruits and service members for HIV as part of their overall health assessment, which may affect enlistment, promotion, and deployment. Numerous court cases have challenged these practices, claiming that they constitute a violation of human rights. In this article, we examine the legal and human rights debates regarding HIV-testing in the military with reference to various international court cases. Here after the impact increasing numbers of HIV/AIDS compromised persons have on the organizational and operational effectiveness of armed forces are assessed. The conclusion is reached that while individual human rights should be respected, they should not weigh more heavily than those of the larger community whose safety, security, and well-being are at stake

Fundamental rights · Human rights · International community · International human rights law · Obligation · Political science · Politics · Safeguarding · Global Security and Public Health · HIV/AIDS Impact and Responses · Human Rights and Development · Law · Medicine

Herramientas

Abrir DOISci-Hub