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

Whose Rights Are Paramount

Bibliographic Data

ID12719829
AuthorsLindy Heinecken (0000-0003-1315-0000, corresponding author), Michelle Nel (0000-0001-6032-9770)
Year2009
Volume8
Issue4
Pages340-359
Publication date2009-11-13
Open AccessNo
TypeARTICLE
VenueJournal of Human Rights (JOURNAL)
Journal identifiersISSN: 1475-4835 • E-ISSN: 1475-4843
PublisherTaylor & Francis (PUBLISHER • GB)
DOI10.1080/14754830903324787
OpenAlexW2043931527
LanguageEN
References cited11

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

  • The Global Impact of HIV/Aids on Peace Support Operations

    Paolo Tripodi, Preeti Patel•International Peacekeeping•2002

  • What we know about HIV and Aids in the armed forces in Southern Africa

    Martin Revai Rupiya, Martin Rupiya•African Security Review•2006

  • Aids, security and the military in Africa

    Alan Whiteside, Alex De Waal et al.•African Affairs•2006

  • HIV/Aids Prevention Strategies in the Armed Forces in Sub-Saharan Africa

    Open Access•John Kemoli Sagala•Armed Forces & Society•2008

  • Facing a Merciless Enemy

    Open Access•Lindy Heinecken•Armed Forces & Society•2003

Highly citedNo

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Ethnos_APP • Open Source Project • MIT License • Frontend v2.0.0 • Privacy and Cookies • API Documentation: api.ethnos.app/docs • API Source Code: GitHub • DOI: 10.5281/zenodo.17049435 • Frontend Source Code: GitHub • DOI: 10.5281/zenodo.17050053 • cruz.rio.br • Expectantes Misericordiae