Background: Forced Sterilization of Women with HIV/AIDS

2010
At least forty HIV-positive women in Namibia have indicated they were subjected to forced or coerced sterilization at public hospitals, violating their rights to life, dignity, family and freedom from degrading treatment and discrimination guaranteed under Namibia's constitution.
Read further » FORCED AND COERCED STERILIZATION OF WOMEN WITH HIV....pdf

Decriminalising High Risk Behaviour as a Key Component of HIV Prevention and Transmission

2010
In May, Malawian President Bingu wa Mutharika pardoned Steven Monjeza and Tiwonge Chimbalanga, who were convicted for carnal knowledge against the order of nature and gross indecency between males after holding a traditional engagement ceremony at a lodge in Blantyre, Malawi. They had been sentenced to the maximum fourteen years with hard labour by a Magistrates’ Court.
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Dongo v Registrar General

2010
The landmark ruling follows a case in which former Harare South legislator Mrs Margaret Dongo had sought the nullification of certain provisions of the Guardianship of Minors Act, which she claimed were discriminatory against married women who were not regarded as natural guardians of their children.
Read further » Margaret Dongo Vs Registrar General Supreme Court Judgement.pdf

Equal Rights for All: Litigating Cases of HIV-related Discrimination

2011
The manual provides concrete legal arguments for use in HIV-related discrimination litigation before domestic courts.
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Kingaipe et al v Attorney General (High Court 2010)

2010
Stanley Kingaipe and Charles Chookole joined the Zambian Air Force (ZAF) in June and July of 1989, respectively. Between 2001 and 2002, both underwent compulsory medical exams without being informed they were being tested for HIV. The men tested positive for HIV and were prescribed antiretroviral drugs (ARVs). However, according to their testimoney they were neither informed of their HIV-positive status, nor advised on the nature of the prescribed drugs. They were ultimately discharged in October 2002.
Read further » ZAF High Court judgment.pdf

Kingaipe et al v. Attorney-General (High Court 2010)

2010
Stanley Kingaipe and Charles Chookole joined the Zambian Air Force (ZAF) in June and July of 1989, respectively. Between 2001 and 2002, both underwent compulsory medical exams without being informed they were being tested for HIV. The men tested positive for HIV and were prescribed antiretroviral drugs (ARVs). However, according to their testimoney they were neither informed of their HIV-positive status, nor advised on the nature of the prescribed drugs. They were ultimately discharged in October 2002.
Read further » ZAF High Court judgment.pdf

Presentation: HIV, Human Rights, and the Law

2009
Presentation on HIV, Human Rights and the Law made to the Law Association of Zambia annual general meeting, April 2009.
Read further » LAZ presentation.ppt

Prisoners' Rights Cases in Malawi

2011
SALC has supported several cases which seek to compel the Malawi Government to end its practices of prolonged pre-trial detention.
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Republic v. Monjeza Soko et al (High Court 2010)

2009
Steven Monjeza and Tiwonge Chimbalanga were arrested on 28 December 2009 and charged with violating sections 153 and 156 of Malawi’s Penal Code prohibiting carnal knowledge against the order of nature and gross indecency between males. They had held a traditional engagement ceremony two days prior to their arrest, a fact which was widely reported in the local press.
Read further » Mag Court judgment.pdf

SALC Amicus: Women and Law in Southern Africa-Malawi v Attorney-General

2010
SALC Amicus submission on the link between HIV and women's property rights in WLSA-Malawi v Attorney General (Constitutional Court 2010)
Read further » SALC Amicus Submission for WLSA-Malawi property rights case.doc

SALC Amicus: Masupha v The Senior Resident Magistrate for the Subordinate Court of Berea and Others

2012
SALC Amicus submission on the link between HIV and women’s right to succeed to chieftainship in Masupha v The Senior Resident Magistrate for the Subordinate Court of Berea and Others (Lesotho High Court 2010)
Read further » SALC Amicus Submission for Masupha v Magistrate of the Subordinate Court of Berera and Others.doc

SALC Amicus: Masupha v The Senior Resident Magistrate for the Subordinate Court of Berea and Others

2012
SALC Amicus submission on the link between HIV and women’s right to succeed to chieftainship in Masupha v The Senior Resident Magistrate for the Subordinate Court of Berea and Others (Lesotho High Court 2010)
Read further » SALC Amicus Submission for Masupha v Magistrate of the Subordinate Court of Berera and Others.doc

SALC Submission to Global Commission on HIV and the Law

2011
The submission highlights the legal and policy impediments to effectively addressing HIV. In the submission, SALC argues that the continued violations of women's sexual and reproductive rights in the region, the discrimination of sexual minorities and the discriminatory laws regarding women's inheritance and property rights hamper efforts to address HIV in southern Africa.
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