How did South Africans with disabilities experience COVID-19? Results of an online survey

Background: People with disabilities are a large, disadvantaged minority, comprising approximately 12% of the population. The South African government has ratified international and regional disability treaties but deals with disability rights within general anti-discrimination legislation. There are no specific frameworks to monitor justice for people with disabilities. The study aims to inform further development of disability inclusive mechanisms relating to crises including pandemics. Objectives: This study explored the perceptions of South Africans with disabilities, to understand their experiences during coronavirus disease 2019 (COVID-19), focussing on socioeconomic, well-being and human rights aspects. Method: An online survey tool generated quantitative and qualitative data. Widespread publicity and broad recruitment were achieved through project partners networks. Participants responded via mobile phone and/or online platforms. Results: Nearly 2000 people responded, representing different genders, impairments, races, socio-economic status, education and ages. Findings include: (1) negative economic and emotional impacts, (2) a lack of inclusive and accessible information, (3) reduced access to services, (4) uncertainty about government and non-government agencies' support and (5) exacerbation of pre-existing disadvantages. These findings echo international predictions of COVID-19 disproportionally impacting people with disabilities. Conclusion: The evidence reveals that people with disabilities in South Africa experienced many negative impacts of the pandemic. Strategies to control the virus largely ignored attending to human rights and socioeconomic well-being of this marginalised group. Contribution: The evidence will inform the development of the national monitoring framework, recognised by the South African Government and emphasised by the United Nations as necessary to ensure the realisation of the rights of people with disabilities during future crises including pandemics.

Vaccination contre la Covid-19: droits des personnes et obligations du Gouvernement Congolais en période d'urgence sanitaire

Cette étude avait pour objectif de mettre en exergue le rapport entre le bénéfice de la couverture vaccinale contre la Covid-19 et les risques individuels et collectifs encourus par la population. A travers le monde, les études ont monté que les campagnes de vaccination ont insufflé une dynamique positive à la lutte contre la pandémie et la courbe de la maladie a fléchi dans les populations vaccinées. Face à ces résultats probants, le législateur congolais doit s'en inspirer pour proposer des instruments juridiques en faveur d'une vaccination obligatoire contre la Covid-19 soumise à tous les citoyens et citoyennes Congolais sans exception. Si tout le monde peut être contaminé, tout le monde peut également faire preuve d'un certain degré de citoyenneté responsable pour réduire les risques de contracter la maladie et ne pas la transmettre à son entourage. La couverture vaccinale contre la Covid-19 est une des mesures de l'incidence de la maladie dans la population et qui ne peut prendre la quasi-totalité de la population qu'en la rendant obligatoire.

Challenges to ethical integration of reproductive health education in schools of Tshwane District, South Africa

The Integrated School Health Policy was set to ensure the incorporation of a multi-disciplinary approach to health care in South African schools. However, the implementation of sexuality and reproductive health teaching and learning has not been without problems. Central to sexuality and reproductive health education is the common ethical application of the subject in teaching. School sexuality and reproductive health education have proved to be a sensitive issue across a socio-cultural environment. Compliance with ISHP programs in sexuality and gender orientation is related to the inclusion of a more comprehensive education for learners to cover human rights and sexual diversity. This paper aims to reflect on the ethical challenges related to the integration of reproductive health education and teaching in schools in the City of Tshwane. This study applied a descriptive exploratoryquantitative research design. Data was collected using a survey questionnaire and a checklist, and applied stratified random sampling to select schools that participated in the study. Data were analysed using descriptive statistics which included frequencies and percentages (%). The results show that the absence of health care values in organisational strategies will challenge the ethical dimension relating to sexuality and reproductive health education. The ethical dilemma of teaching sexual and reproductive health in schools can prove to be a challenging exercise since its a sensitive issue in most societies. Sexuality and reproductive health education is compounded by a lack of clear guidelines in the ISHP programs and the diversity of stakeholders that do not hold a common or standardised ethical framework. Furthermore, lack of sufficient teacher preparation adds to the ethical dilemma in managing school ethical issues in general. (Afr J Reprod Health 2022; 26[4]: 75-81).

A human rights-based approach to coercive public health interventions: lessons from the HIV and COVID-19 pandemics

The SARS-CoV-2 outbreak and its impact on countries across the globe has been unprecedented. The lack of pharmaceutical interventions to prevent or treat infection have left States with limited avenues to control the spread of the virus. Many countries have introduced stringent lockdowns along with regulatory regimes that give governments new powers to compel compliance with these regulations and to punish non-compliance. This article investigates the use of compelled public health interventions during both the HIV and COVID-19 pandemics and how these can be aligned to human rights. This includes discussion on the use of interventions such as mandatory quarantine and isolation, compelled testing, criminalisation of HIV and SARS-CoV-2 transmission in Africa. This article also outlines what State obligations are in relation to pandemic responses, both in terms of mandating an effective response and which human rights principles should underscore these responses. Using South Africa as a case study, this article analyses whether the use of these interventions complies with international human rights law. We assess the use of compelled public health interventions in both the HIV and COVID-19 pandemics against established human rights principles applicable to pandemic responses. This article discusses lessons to be learnt about the relationship between human rights and public health interventions across both pandemics so as to guide human rights-based approaches to future pandemics as well as subsequent stages of the SARS-CoV-2 pandemic.

A Bioética global e os direitos humanos para o desenvolvimento sustentável / Global Bioethics and human rights for sustainable development

Tomar decisões criticamente fundamentadas entre o que podemos fazer e o que devemos evitar, ou o que é melhor fazer quando surgem alguns dilemas,é crucial para o discernimento ético e político. A legitimidade das decisões humanas sobre as aplicações da ciência e da tecnologia para promover a vida, a saúde e o bem-estar dos povos é possível graças à cooperação internacional e à protecção do direitocomo instrumento de protecção e garantia do bem comum, da dignidade e bens fundamentais da pessoa, isto é, o que chamamos de direitos humanos. A Bioética Global propõe uma articulação adequada entre as questões bioéticas e os direitos humanos como paradigma ético universal que deve ser levado em consideração nas decisões, públicas e privadas, no campo das ciências da vida e da saúde. O desafio ético e político é saber como equilibrar ointeresse legítimo da indústria por lucros e o desenvolvimento econômico com inovação científica e tecnológica prudente e para o bem das pessoas e comunidades. O reconhecimento mútuo está na base da relaçãoque nos permite dar a cada um o que é seu e promover a convivência pacífica na nossa casa comum. Se realizada de acordo com os imperativos morais de solidariedade e justiça, atentando para a minimização das distâncias entre pobres e ricos e entre as regiões Norte e Sul Global, a ciência e a tecnologia contribuirão para o desenvolvimento humano de forma eficaz e eticamentesustentável.

Making critically informed decisions between what we can do and what we should avoid, or what is best to do when some dilemmas arise, is crucial for ethical and political discernment. The legitimacy of human decisions on the applications of science and technology to promote life, health and people's well-being is possible thanks to international cooperation and the protection of law as an instrument toprotect and guarantee the common good, dignity and fundamental goods of the person, that is, what we call human rights. Global Bioethics proposes an appropriate articulation between bioethical issues and humanrights as a universal ethical paradigm that should be taken into consideration in decisions, public and private, in the field of life and health sciences. The ethical and political challenge is how to balance the legitimate interest of industry for profits and economic development with prudent scientific and technological innovation for the good of people and communities. Mutual recognition is at the basis of the relationship that allows us to give each his due and to promote peaceful coexistence in our common home. If carried out in accordance with the moral imperatives of solidarity and justice, paying attention to minimizing the gaps between the poor and the rich and between the Global North and South, science and technology will contribute to human development in an effective and ethically sustainable manner

Ecologia integral e trabalhadores imigrantes na pandemia de Covid-19 / Integral ecology and immigrant workers in the Covid-19 pandemic

No período da pandemia deCovid-19 um dos grupos mais vulneráveis é aquele composto por trabalhadores imigrantes. Longe de seus países, muitos deles não recebem assistência médica ao mesmo tempo que continuam trabalhando normalmente por desempenharem funções consideradas essenciais. Além disso, encontram-seseparados de suas famílias por conta das restrições de entrada em fronteiras internacionais. Neste trabalho, queremos apresentar os princípios da ecologia integral daIgreja Católica como uma maneira de atender às necessidades mais urgentes dos trabalhadores imigrantes neste tempo da pandemia. Vamos, primeiramente,tratar da situação dos trabalhadores imigrantes com base em alguns estudos recentes. Depois explicaremos os princípios da ecologia integral segundo a doutrina social da Igreja Católica. Por fim, com base naqueles princípios, vamos propor recomendações para policy makerscom relação ao cuidado dos trabalhadores imigrantes no contexto da pandemia

At the time of the Covid-19 pandemic one of the most vulnerable groups is that composed of migrant workers. Far from their home countries, many of them do not receive medical assistance while continuing to work as they do essential jobs. In addition, they are separated from their families due to entry restrictions at international borders. In this paper, we want to present the principles of the Catholic Church's integral ecology as a way to address the most urgent needs of migrant workers in this time of pandemic. We will first address the situation of migrant workers based on some recent studies. Then we will explain the principles of integral ecology according to the social doctrine of the Catholic Church. Finally, based on those principles, we will propose recommendations for policy makers regarding the care of immigrant workers in the context of the pandemic.

Desafios bioéticos na sociedade tecnológica / Bioethical challenges in the technological society

Há 50 anos atrás, Van Rensselaer Potter, considerado pai da Bioética, publicou Bioética: ponte para o futuro. Mesmo sendo uma disciplina relativamente recente, e ainda enfrentando o desafio de consolidar-se, a Bioética deve dar respostas à questões antigas e novas, conforme evidenciado napandemia deCovid-19. Na primeira parte deste trabalho, apresentam-se alguns dilemas actuais, que são possíveis pela tecnologia disponível. Utilizam-se casos dos últimos cinco anos, para ilustrar como o uso das novas biotecnologias exigem uma reflexão bioética, necessária tanto para os sujeitos envolvidos directamente, como para a sociedade em geral. Consideramos que o progresso, para que seja verdadeiro, deve ser um avanço na direcção correcta. Ou seja, a tecnologia por si só não basta para o progresso dahumanidade, é necessário que o seu uso favoreça a pessoa humana e a sociedade, sempre respeitando os direitos e considerando os deveres. A segunda parte concentra-sena origem, actualidade e horizonteda na Bioética. Revisam-se alguns dos acontecimentos mais importantes no seu desenvolvimento, desde a primeira vez que a palavra foi usada em 1927, até os desafios que se preveem nas próximas décadas. Conclui-se com a necessidade de uma Bioética verdadeiramente global, com métodose princípios consolidados, e capaz de dar respostas aos dilemas actuais. Portanto, os três desafios principais possivelmentesão: ampliar a visão, contar com um fundamento antropológico, e ser capaz de ser pró-activa

Fifty years ago, Van Rensselaer Potter, considered the father of bioethics, published Bioethics: Bridge to the Future. Even as a relatively recent discipline, and still facing the challenge of consolidating itself, bioethics must provide answers to old and new questions, as evidenced in the present pandemic of Covid-19. In the first part of this paper, some current dilemmas, which are made possible by the technology available today, are presented. Cases from the last five years are used to illustrate how the use of new biotechnologies requires a bioethical reflection, necessary both for the subjects directly involved and for society in general. We consider that progress, in order to be true, must be an advance in the right direction. In other words,technology alone is not enough for the progress of humanity, it is necessary that its use favours the human person and society, always respecting rights and considering duties. The second part focuses on bioethics, its origin, current affairs and horizon.Some of the most important events in the development of bioethics are reviewed, from the first time the word was used in 1927 to the challenges that are foreseen in the coming decades. It concludes with the need for a truly global Bioethics, with consolidated methods and principles, and capable of providing answers to current dilemmas. Therefore, the three main challenges are possibly: broadening the vision, having an anthropological foundation, and being able to be proactive.

Transformative equality: court accommodations for South African citizens with severe communication disabilities

Background: Persons with disabilities are generally at greater risk of experiencing violence than their peers without a disability. Within the sphere of disability, individuals with severe communication disabilities are particularly vulnerable and have an increased risk of being a victim of abuse or violence and typically turn to their country's criminal justice system to seek justice. Unfortunately, victims with disabilities are often denied fair and equal treatment before the court. Transformative equality should be pursued when identifying accommodations in court for persons with communication disabilities, as the aim should be to enable such individuals to participate equally in court, without barriers and discrimination. Objectives: This research aimed to identify court accommodations recommended by legal experts, which could assist individuals with severe communication disabilities in the South African court. Method: A qualitative design was used to conduct a discussion with a panel of legal experts. Results: Using Article 13 (Access to Justice) of the Convention on the Rights of Persons with Disabilities (CRPD) as a human rights framework, four themes were identified: equality, accommodations, participation and training of professionals. Conclusion: Foreign and national law clearly prohibits discrimination against persons with communication disabilities because of their disability and state that they should be given fair and equal access to the court system. For transformative equality to be achieved, certain rules and laws need to be changed to include specific accommodations for persons with communication disabilities so that they may be enabled to participate effectively in court in the criminal justice system

Contact tracing during the COVID-19 pandemic: Protection of personal information in South Africa

Containing the COVID-19 pandemic necessitates the use of personal information without the consent of the person. The protection of personal information is fundamental to the rights that ensure an open and democratic society. When regulations that limit the right to privacy are issued outside of the democratic process, every effort must be made to protect personal information and privacy. The limitation of human rights must be treated as an exception to the norm, and any regulations should be drafted to ensure minimum limitation of rights, rather than to the minimum acceptable standard. The contact tracing regulations included in the COVID-19 disaster regulations include some basic principles to ensure privacy; however, other important principles are not addressed. These include principles of transparency and data security. The envisaged future use of human data for research purposes, albeit de-identified, needs to be addressed by the COVID-19 designated judge appointed under the regulations

Patients' knowledge of health rights and satisfaction with outpatient services at the tertiary hospitals in Enugu state, Nigeria

BACKGROUND: Patient satisfaction is a key indicator for measuring the success of the health system goals, delivery quality care that is safe, equitable, patient-centered, evidence-based, timely and efficient, through interprofessional collaborative team work. Equally, patient's knowledge of their health rights will enhance better provider-patient's relationship, patient satisfaction, and effective care management. OBJECTIVES: The aim of this study was to compare patients' knowledge of health rights, satisfaction with the physicians' conducts and outpatient services across three tertiary hospitals in Enugu, Nigeria. METHODS: A descriptive cross-sectional study of 304 patients selected from the outpatient clinics of the University of Nigeria Teaching hospital (UNTH), National Orthopaedic Hospital (NOHE), and Enugu State University of Science and Technology Teaching Hospital (ESUTH), from October to December, 2015 was conducted. A four point Likert scale, dissatisfied (1), very dissatisfied (2), moderately satisfied (3), and very satisfied (4) was applied. Knowledge of health rights were scored as follows, 0-5 poor knowledge, 6-10 good knowledge, 11 and above very good knowledge. A minimum sample size of 91 patients was calculated for each of the study hospital, but increased to100 each, to enhance precision, reduce error margin, and to contend possible nonresponses and incompleteness. A multi-stage sampling technique was applied. The data were analyzed using SPSS version 16.0.RESULTS: Knowledge of health rights was poor in 5.9%, 20.8%, and 14.9% of patients (X2 =9.61, p=0.000), and very good in 70.6%, 2 46.5% and 59.4% patients (X2 =12.14, p=0.000) from UNTH, NOHE, and ESUTH respectively. The mean knowledge scores were 10.50 ±3.240 for UNTH; 8.72±2.953 for NOHE; and 9.93±3.151 for the ESUTH. The overall mean knowledge scores of the patients across the three hospitals was not statistically significant (F=0.000, P =1.000). Patients' overall mean satisfaction with physicians' conduct and services was 3.63±0.525 for UNTH, 3.45±0.741 for NOHE, and 3.47±0.609 for ESUTH, with no statistically significant difference (F=0.000, P =1.000). Overall mean satisfaction scores for the general outpatient services were 3.19±0.728, 3.15±0.713, and 3.00±0.721 for UNTH, NOHE, and ESUT respectively. The observed differences in the overall mean satisfaction for the general services provisions across the hospitals was not statistically significant (F=0.000, P=1.000). Patients' mean knowledge scores were statistically (p=0.000) associated with mean satisfaction with the physicians' conduct and services provision across hospitals. CONCLUSION: Patients knowledge of health rights and satisfaction with physicians' conducts and outpatient services across the hospitals were generally good and satisfactory, but differed statistically in-between hospitals

Implementation of the 2006 convention on the rights of persons with disabilities in Zimbabwe: a review

Background: The Convention on the Rights of Persons with Disabilities came into place in 2006, as the main instrument for advancing the human rights of persons with disabilities. For many African states, the Convention came amidst ubiquitous marginalisation and discrimination of persons with disabilities. As expected, the Convention has been hailed as a landmark in the struggle to reframe the needs and concerns of persons with disabilities. Objectives: This article reviews the implementation of the Convention by the Zimbabwean government.Method: The study relies on reviews of extant literature on disability rights. Reviewed documents include the Convention, constitution and other related national laws, policies and measures pertaining to disability rights. Results: This article lauds the state for promulgating a disability-friendly constitution that resembles the Convention to effectuate a human rights approach to disability issues. Relatedly, the state came up with institutions that collaborate with research institutes and disability organisations to conduct research, provide services to persons with disabilities, raise awareness and advocacy and litigate for disability rights.Conclusion: In spite of these efforts, this article shows that Zimbabwe has yet to close the gap on the ideals of the Convention, mainly because of limited resources amongst state-funded institutions for advancing disability issues. The government of Zimbabwe is challenged to domesticate all provisions of the Convention and to provide resources to institutions for progressive realisation of the rights of persons with disabilities

Legal responses to HIV and AIDS: lessons from Swaziland

Since 1999, the HIV and AIDS epidemic in Swaziland has been declared a national disaster, and today HIV and AIDS still pose a great threat to the survival and development of Swaziland and its people. The impact of the pandemic necessitated a multi-faceted response from the government. This paper critically evaluates the Swaziland legal response to HIV and AIDS. The objective is to assess whether and to what extent Swazi law addresses human rights issues related to HIV and AIDS. Through the application of a human rights based theory, the paper analyses the domestication of Swaziland's treaty commitments, and the constitutional and the statutory frameworks. The paper advances the importance of "law" as a tool that can create an enabling environment for a national response to HIV and AIDS. It analyses how the government has successfully crafted the normative framework so as to make it responsive to the fight against HIV and AIDS, and the shortcomings of the Swaziland legal system in this fight. The paper argues that even though a credible legal and policy environment is in place, some laws still need to be supplemented, reviewed and amended so that the legal system adequately addresses the human rights issues related to HIV and AIDS. The paper suggests improvements to the legal system which mainly relate to aligning the legal framework with the Constitution of Swaziland and international conventions to which Swaziland is party

The role of civil society in health policy making in South Africa: a review of the strategies adopted by the Treatment Action Campaign

The diagnosis of AIDS in 1982 in South Africa was followed by a rapid rise in the number of people living with the virus and dying from AIDS-related illnesses. The 2016 report by the Statistics South Africa indicated that about 7.03 million South Africans were infected with HIV/AIDS ­ the highest rate in the world. Despite the emergence of effective drugs in the mid-1990s, medical treatment remained unavailable in South Africa, particularly in public hospitals. This prompted civil society groups to establish platforms to discuss health policy change in South Africa. Prominent among these was the Treatment Action Campaign (TAC), formed in 1998, which aimed to advocate for improved HIV/AIDS health service delivery. The efforts succeeded in shaping the current HIV/AIDS policy through various initiatives such as the use of constitutional law in legal action against profiteering drug companies. This paper examines the role of civil society, and particularly the TAC engagement with the state in health policy making, and the subsequent implementation of health policy on HIV/AIDS in post-apartheid South Africa

COVID-19: Pandemic burden in Sub-Saharan Africa and the right to health ­ The need for advocacy in the face of growing privatisation

For Africa, the backdrop1 against which COVID-19 emerged is a stark one. Although sub-Saharan Africa accounts for 11% of the world's population, it bears 24% of the global disease burden. The continent is home to 60% of the people with human immunodeficiency virus (HIV), and over 90% of malarial patients. In this region, infectious diseases such as malaria and HIV cause 69% of deaths. As states respond to COVID-19, we need to keep our eyes open to what effective responses are notifying us about our healthcare systems, so that we can craft sustainable interventions as a result and uphold the right to health. This is especially true in the light of the ongoing nature of pandemics on the continent, making urgent the need to maximise the value of our health system and its resources, as we seek lasting transformation

The NOMA track module on nutrition, human rights and governance: Part 1. Perceptions held by Master's students

Background. A module on nutrition; human rights and governance was developed and presented jointly by academic institutions in Norway; South Africa and Uganda; under the NOrway MAsters (NOMA) programme; for their respective Master's degree programmes in nutrition. Consisting of three study units; it was presented consecutively in the three countries; with each study unit building on the previous one. Objectives. To document the perceptions of participating students on various aspects of the module; informing future curriculum endeavours. Methods. A mixed methods approach was followed. A module evaluation form completed by students for each study unit was analysed. In-depth telephonic interviews were voice recorded and transcribed. Through an inductive process; emerging themes were used to compile a code list and content analysis of the unstructured data.Results. An overall positive module evaluation by 20 participants (91% response rate) can be ascribed to the module content; enlightening study visits; expertise of lecturers and an interactive teaching style. Logistical issues regarding time management and administrative differences among the academic institutions caused some concerns. Students experienced some resistance against qualitative research in natural science faculties. Students benefited from being exposed to different teaching styles and education systems at universities in different countries. Constructive alignment of teaching and learning activities could be optimised through involvement and empowerment of all relevant lecturers.Conclusion. Successful implementation of the module not only provides nutrition Master's students with knowledge to operationalise a human rights-based approach during future interactions in their professional practice; but also serves as an example of the benefits and challenges of interdisciplinary and transnational collaboration in module development

The NOMA track module on nutrition, human rights and governance: Part 2. A transnational curriculum using a human rights-based approach to foster key competencies in nutrition professionals

Background. In response to the challenge of the global health needs of the 21st century; four academic institutions in Norway; South Africa and Uganda; each offering a Master's degree in nutrition; collaboratively developed the NOrwegian MAsters (NOMA) track module on nutrition; human rights and governance; integrating a human rights-based approach into graduate education in nutrition. Objective. To capture students' perceptions about the NOMA track module; focusing on the development of key competencies. Methods. Employing a qualitative approach; 20 (91% response rate) in-depth telephonic interviews were conducted with participating students; voice recorded and transcribed. Through an inductive process; emerging themes were used to compile a code list for content analysis of the transcribed text. Relevant themes were reported according to the professionals' roles described by the CanMEDS competency framework. Results. Participation in the module enhanced key competencies in the students; e.g. communication skills and the adoption of a holistic approach to interaction with people or communities. Their role as collaborator was enhanced by their learning to embrace diversity and cultural differences and similarities. Students had to adapt to different cultures and educational systems. They were inspired to contribute in diverse contexts and act as agents for change in the organisations in which they may work or act as leaders or co-ordinators during interaction with community groups and policy makers. Higher education institutions offering transnational modules should support lecturers to manage the inherent diversity in the classroom as a way of enhancing student performance.Conclusion. The development of future transprofessional modules will benefit from the inclusion of desirable key competencies as part of the module outcomes by following a competency by design process

Respect for Vulnerability is a Human Right: Article 8 of the UNESCO Declaration on Bioethics and Human Rights; and Senior Citizens in South Africa

It is untrue that the elderly in South Africa (SA) are probably discriminated against in healthcare as the result of inadequate legislation that does not conform to international standards. The National Health Act recognises vulnerability and gives expression to it. Respect for vulnerability has not yet been introduced to fundamental political and bioethical frames of reference in SA and that is probably the reason why the concept and right have not become part of the ethical awareness in healthcare. The appeal of this article is that respect for vulnerability must be brought to conform to the Universal Declaration on Bioethics and Human Rights by declaring the ethical principle as an independent human right

Protection of Children by Substitute Consent: A Universal Principle and Right

In 2005; the world community and the United Nations Educational; Scientific and Cultural Organization (UNESCO); comprising 191 member nations; unanimously accepted the Universal Declaration on Bioethics and Human Rights (UDBHR). This declaration is the first and only bioethical text to which the entire world has committed itself and helps put bioethics on the agenda of states. However; it appears to have had little or no impact in South Africa (SA). This article aims to join UNESCO's mission and to form part of the social responsibility initiative of teaching the universal right and the ethical principle of proxy consent in the context of medical intervention to promote the UDBHR in SA. We compare the UDBHR and SA Children's Act No. 38 of 2005. It is clear that the world community sees surrogate consent as the right and duty of all communities

New Law on HIV Testing in Botswana: The Implications for Healthcare Professionals

Background: Botswana is one of the countries with the highest HIV prevalence rates in the world. Innovative HIV testing strategies are required to ensure that those infected or at risk of infection become aware of their HIV status and are able to access treatment; care and support. Despite this public health imperative; HIV testing strategies in Botswana will in future be based around the principles in the new Public Health Act (2013). The present article describes the HIV testing norms in the Act; and sets out the strengths and weaknesses of this approach and its implications for healthcare professionals in Botswana.Objectives: To compare international norms on HIV testing with the provisions governing such testing in the new Botswana Public Health Act and to assess the extent to which the new Act meets international human rights norms on HIV testing.Method: A 'desktop' review of international human rights norms and those in the Botswana Public Health Act.Conclusion: HIV testing norms in the new Public Health Act in Botswana violate individual rights and will place healthcare workers in a position where they will have to elect between acting lawfully or ethically. Law reform is required in order to ensure that HIV testing achieves the joint goals of public health and human rights