A perspective on balancing the legal and moral rights and responsibilities of HIV positive and HIV negative individuals

Abstract

In South Africa HIV/AIDS is no longer being described as an epidemic, but rather as a pandemic due to the devastating impact that it is having on all spheres of societal life. HIV/AIDS is not exclusively a health issue – it has also become a matter of political, economic, moral and legal concern and debate. One of the issues that consequently needs to be addressed is the establishment of an effective and equitable approach to dealing with HIV/AIDS issues – based on principles of justice and equity – that acknowledges the legal and moral rights and duties of both HIV positive and HIV negative persons. Legislation is a useful instrument in protecting and upholding the rights of citizens irrespective of their HIV status. However, because HIV/AIDS has an underlying socio-moral dimension it follows that important processes in understanding the epidemic and in establishing perspectives on confronting the issue include the identification of and enquiry into the perceived moral rights and obligations of those affected by the disease. Furthermore, in a country where Christianity is one of the predominant religions with distinctive moral tenets, a Christian community stance on HIV/AIDS issues should be probed.