Research Handbook on Gender, Sexuality and the Law
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Research Handbook on Gender, Sexuality and the Law

Edited by Chris Ashford and Alexander Maine

This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
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Chapter 32: The healthcare rights of people living with HIV and AIDS

Matthew Weait


The chapter considers HIV and the right to health and wellbeing of people living with HIV and AIDS and those who are at higher risk of acquiring HIV. It explores the ways in which law has been, and can be, used to assert healthcare rights, using as illustrative examples the litigation conducted by the Treatment Action Campaign in South Africa, and the criminalization of HIV transmission, exposure, and nondisclosure among some of the communities most at risk of acquiring HIV. The chapter concludes with some general observations about the importance of HIV activism, and of recognising fulfilment of the right to health as an important determinant both in preventing the spread of the epidemic and in eradicating the stigma associated with HIV infection.

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