Addressing human rights concerns raised by mandatory HIV testing of pregnant women through the Protocol to the African Charter on the Rights of Women

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Periodical article

Title:	Addressing human rights concerns raised by mandatory HIV testing of pregnant women through the Protocol to the African Charter on the Rights of Women
Author:	Durojaye, Ebenezer
Year:	2008
Periodical:	Journal of African Law
Volume:	52
Issue:	1
Pages:	43-65
Language:	English
Geographic term:	Africa
Subjects:	AIDS pregnant women women's rights African Charter on Human and Peoples' Rights
Abstract:	This article considers the importance of preventing mother-to-child transmission of HIV in Africa. It argues that any approach to achieving this aim must be consistent with respect for human rights. In particular, it argues that mandatory HIV testing of pregnant women violates their rights to autonomy, health and reproductive care, and non-discrimination, all guaranteed in the Protocol to the African Charter on the Rights of Women and other international and regional human rights instruments. It concludes by arguing that respect for women's human rights should form the fulcrum for any call for mandatory or routine HIV testing of pregnant women in Africa. Notes, ref., sum. [Journal abstract]