Document Type
Journal Article
Date of this Version
3-1-2012
Publication Source
Cancer and Clinical Oncology
Volume
5
Issue
1
Start Page
189
Last Page
195
DOI
10.5539/jpl.v5n1p189
Abstract
In an attempt to halt the spread of the HIV epidemic, the Government of Botswana amended in 1998 the country’s criminal code to provide for stiffer penalties for those charged and convicted of the offence of rape. In particular, there was to be compulsory HIV testing of perpetrators and much stiffer sentences for those who tested positive to the HIV virus. In this paper, I argue that the amendment not only vitiates the right to voluntarily submit to an HIV test, it invades the right to privacy and leads to unwarranted disclosure of confidential information. In addition, I contend that the punitive criminal sentences that follow a positive HIV test are not an appropriate way of preventing transmission as these are not likely to encourage people to voluntarily test for HIV. Punitive sanctions are only justified where it can be shown that a person acted intentionally to transmit the disease.
Copyright/Permission Statement
This work is licensed under a Creative Commons Attribution 3.0 License.
Recommended Citation
Kebonang, Zein, "The Challenges of HIV/AIDS Criminal Legislation in Botswana" (2012). Botswana-UPenn Scholarly Publications. 9.
https://repository.upenn.edu/botswana_schol/9
Included in
Criminology and Criminal Justice Commons, Health Policy Commons, Immune System Diseases Commons, Legislation Commons, Public Health Commons
Date Posted: 29 July 2014
This document has been peer reviewed.