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					Who we are

The AIDS Legal Network (ALN) is a human rights organisation committed to the promotion, protection and realisation of fundamental rights and freedoms of people living with, and affected by, HIV and AIDS.
What we do
• WORKSHOPS: Facilitate legal literacy and human rights education and training on HIV and AIDS and the law, including Paralegal Training and Training-for-Trainers • LEGAL ADVICE DESK: Respond to infringements of human rights • NETWORKING, CAMPAIGNS, AWARENESS RAISING: Promote behavioural change and address discriminatory attitudes and practices ensuring the dignity of all people living with, and affected by, HIV and AIDS • LOBBYING/ADVOCACY: Promote provincial, national and international law reform to advance the rights of people living with, and affected by, HIV and AIDS • PUBLICATIONS: ALQ, the newsletter of the ALN; Training and Resource Manuals, such as HIV/AIDS & The Law and HIV/AIDS and Human Rights, as well as various information leaflets and flyers



TEL.: +27 21 447 8435 FAX.: +27 21 447 9946 E-MAIL: POSTAL ADDRESS: PO Box 13834, Mowbray, 7705 OFFICE ADDRESS: Suite 6F, Waverley Business Park, Dane Road, Mowbray

Legal Advice Desk


HIV & Testing

National Health Act (Act 61 of 2003) Section 7(1): A health service may not be provided without a person’s informed consent. Section 7(2): It is the health care provider’s responsibility to take all reasonable steps to obtain a person’s informed consent. If the person is unable to give informed consent, such consent may be given by: • A person who has the written permission to do so; • A person who is authorised in terms of any law or court order to give informed consent on behalf of another person; • If no person is mandated or authorised to give such consent, informed consent may be given by the spouse or partner, and in the absence of such spouse or partner, a parent, grandparent, an adult child or a brother or sister of the person who is unable to give such consent (in the specific order as listed). Section 8(1): A person has the right to participate in any decision affecting her/his personal health and treatment. Informed consent means that the person must have ‘full knowledge’. The health care provider must inform the person (in the language the person understands and taking into account the person’s literacy level) of: • all treatment options and diagnostic procedures available, as well as the benefits, risks, costs and consequences associated with each option; • the person’s right to refuse the health service and the implications, risks, obligations of such a refusal.

Everyone has the right not to be subjected to medical or scientific experiments without their informed consent.
(Section 12(2c), Bill of Rights, Constitution of South Africa)

Interpretation of Right
No one can be subjected to medical and/or scientific experiments without one’s informed consent. This includes the right not to be forced to HIV testing and/or treatment and to make an informed decision (give informed consent) to HIV testing and/or treatment.

Who to contact for complaints
For more information and/or to report complaints contact your local Advice Office Or the AIDS Legal Network Tel: 021 447 8435 Fax: 021 447 9946 Email:

Legal Advice Desk

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