Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa

Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa
Edited by AIDS and Human Rights Research Unit, a collaboration between the Centre for the Study of AIDS and the Centre for Human Rights, University of Pretoria
2008
ISBN: 978-0-9802658-9-7
Pages: xi 313
Print version: Available
Electronic version: Free PDF available

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About the publication

The Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa is a collection, in five parts, of global, regional, sub-regional and national human rights instruments, policies, legislation and case law that are relevant to HIV and AIDS. In most instances, only excerpts pertinent to HIV and AIDS are provided. When applicable, reference is made to a source where the full text may be accessed.

Part A: The global documents include UN conventions, declarations, concluding observations and other relevant documents as well as instruments adopted by the World Trade Organisation.

Part B: The regional documents include those adopted within various organs and institutions of the African Union including concluding observations and resolutions from the African Commission on Human and Peoples’ Rights, and relevant documents form the New Partnership for Africa’s Development (NEPAD) and the African Peer Review Mechanism (APRM). Abstracts of country review reports of the APRM are also provided.

Part C: The Compendium also contains HIV-related documents adopted at the sub-regional level. The sub-regional documents provided in this Compendium emanate from the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC), the Economic Community of Central African States (ECCAS), the Indian Ocean Commission (IOC), the Intergovernmental Authority on Development (IGAD) and the Southern African Development Community (SADC).

Part D: Full text versions and pertinent excerpts of national constitutions, legislation, policies and case law from Eastern and Southern African countries are included in the Compen-dium.

Part E: For purposes of comparison and experience sharing, the Compendium also contains relevant documents (legislation, case law and policies) from other regions. These regions include other parts of Africa. In spite of their efforts to provide a comprehensive overview of HIV-related legislation, policies and case law from Eastern and Southern African countries, the compilers and editors of the Compendium acknowledge the difficulties inherent in such an endeavour. Paramount among these difficulties is the lack of accessibility of some relevant documents. This Compendium therefore does not cover all documents related to HIV in Eastern and Southern Africa. It should still be useful to parliamentarians, members of the judiciary, lawyers, civil society organisations, people living with HIV and all interested institutions and individuals as a reference book that provides a comparative overview of the legal and policy frameworks on HIV in Eastern and Southern African countries. Efforts have been made to ensure accuracy in the translation of legislation and policies of francophone and lusophone countries. It should be noted that these translations remain unofficial. In addition, some of the original texts and case law in this Compendium have been edited for consistency. Footnotes have also been omitted from excerpted case law. However, the editing and omissions do not alter the substance of the reprinted documents. Dates provided after treaties (such as ‘1958/1960’) indicate the date of the treaty’s adoption (first date ‘1958’) and subsequent entry into force (second date ‘1960’). The Compendium is one of a series of tools developed by the AIDS and Human Rights Research Unit for the UNDP’s HIV and AIDS Team at the Regional Service Centre in Johannesburg. These tools are aimed to reinforce the response to HIV of countries in Eastern and Southern Africa. The other tools are: Guide to an effective human rights response to the HIV epidemic, Checklist of human rights obligations to effectively address HIV and AIDS in Eastern and Southern Africa, powerpoint cum Flip Chart presentation, and CD Rom of key documents relating to human rights and HIV in Eastern and Southern Africa. The complete version of the tools may be accessed on the following websites: http://www.chr.up.ac.za/undp and http://www/undp.org/hiv/pa_africa.htm

As far as possible, the documents and information in this Compendium reflect the position as at 31 December 2007.


Table of Contents

FOREWORD
LIST OF ACRONYMS AND ABBREVIATIONS
GLOSSARY OF TERMS
INTRODUCTION
A GLOBAL DOCUMENTS
B REGIONAL DOCUMENTS
C SUB-REGIONAL DOCUMENTS FROM REGIONAL ECONOMIC COMMUNITIES IN EASTERN AND SOUTHERN AFRICA
D DOMESTIC DOCUMENTS FROM EASTERN AND SOUTHERN AFRICAN COUNTRIES
E LEGISLATION, POLICIES AND CASE LAW FROM OTHER REGIONS

A GLOBAL DOCUMENTS
A1 UN treaties, with General Comments and Concluding Observations
A1.1 ILO Discrimination (Employment and Occupation) Convention, No 111 (1958/1960)
A1.2 Convention on the Elimination of all Forms of Racial Discrimination (1965/1969)
A1.3 International Covenant on Civil and Political Rights (1966/1976)
A1.4 International Covenant on Economic, Social and Cultural Rights (1966/1976)
General Comment 14 (2000)
Concluding Observations – Sudan (2000)
Concluding Observations – Zambia (2005)
A1.5 Convention on the Elimination of All Forms of Discrimination against Women (1979/1981)
General Recommendation 15 (1990)
General Recommendation 24 (1999)
Concluding Observations – Kenya (2003)
Concluding Comments – Malawi (2006)
Concluding Comments – Namibia (2007)
A1.6 ILO Occupational Safety and Health Convention, No 155 (1981/1983)
A1.7 Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (1984/1987)
A1.8 Convention on the Rights of the Child (1989/1990)
General Comment 3 (2003)
Concluding Observations – Angola (2004)
Concluding Observations – Botswana (2004)
Concluding Observations – Uganda (2005)
Concluding Observations – Mauritius (2006)
Optional Protocol on the Involvement of Children in Armed Conflict (2000/2002)
Optional Protocol on the Sale of Children (2000/2002)
A1.9 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990/2003)
A1.10 Convention on the Rights of Persons with Disabilities (2006)
A2 UN declarations and similar documents
A2.1 UN Standard Minimum Rules for the Treatment of Prisoners (1955)
A2.2 Ottawa Charter for Health Promotion (1986)
A2.3 World Health Assembly Resolution 41.24 on the Avoidance of Discrimination in relation to HIV-infected People and People with AIDS (1988)
A2.4 WHO Guidelines on HIV Infection and AIDS in Prison (1993)
A2.5 UN Millennium Development Goals (MDGs) (2000)
A2.6 UNCHR Resolution on the Protection of Human Rights in the Context of Human
Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS) (2001)
A2.7 UNGASS Declaration of Commitment on HIV/AIDS (2001)
A2.8 ILO Code of Practice on HIV/AIDS and the World of Work (2001)
A2.9 International Guidelines on HIV/AIDS and Human Rights (2002)
A2.10 Political Declaration on HIV/AIDS (2006)
A3 WTO documents
A3.1 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994)
A3.2 Doha Declaration on the TRIPS Agreement and Public Health (2001)
A3.3 Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (2003)

B REGIONAL DOCUMENTS
B1 AU treaties
B1.1 Constitutive Act of the African Union (2000/2001)
B1.2 African Charter on Human and Peoples’ Rights (1981/1986)
B1.3 Protocol on the Rights of Women (2003/2005)
B1.4 African Charter on the Rights and Welfare of the Child (1990/1999)
B2 AU declarations and similar documents
B2.1 Tunis Declaration on AIDS and the Child in Africa (1994)
B2.2 Grand Bay (Mauritius) Declaration and Plan of Action (1999)
B2.3 Abuja Declaration and Plan of Action on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases (2001)
B2.4 Maputo Declaration on HIV/AIDS, Tuberculosis, Malaria and Other Related Infectious Disease (2003)
B2.5 Solemn Declaration on Gender Equality in Africa (2004)
B2.6 AU Commission Chairperson’s 2nd Progress Report on the Implementation of the Solemn Declaration on Gender Equality in Africa
B2.7 Gaborone Declaration on a Roadmap Towards Universal Access to Prevention, Treatment and Care (2005)
B2.8 Continental Framework for Harmonisation of Approaches among Member States and Integration of Policies on Human Rights and People Infected and Affected by HIV/AIDS in Africa (2005)
B2.9 Brazzaville Commitment on Scaling Up Towards Universal Access to HIV and AIDS Prevention, Treatment, Care and Support in Africa by 2010 (2006)
B2.10Abuja Call for Accelerated Action Towards Universal Access to HIV and AIDS, Tuberculosis and Malaria Services in Africa (2006)
B2.11 Africa’s Common Position to the UN General Assembly Special Session on AIDS (2006)
B2.12 Progress Report on the Implementation of the Plans of Action of the Abuja Declarations on Malaria (2000), HIV/AIDS and Tuberculosis (2000/1 to 2005) (2006)
B3 ACHPR concluding observations and resolutions
B3.1 Concluding Observations and Recommendations on South Africa’s Initial Report to the African Commission (1999)
B3.2 Resolution on the HIV/AIDS Pandemic – Threat Against Human Rights and Humanity (2001)
B3.3 Resolution on the Situation of Women and Children in Africa (2004)
B4 New Partnership for Africa’s Development (NEPAD)
B4.1 NEPAD Framework Document (2001)
B4.2 NEPAD Health Strategy (2003)
B4.3 African Peer Review Mechanism (APRM) Declaration on Democracy, Political, Economic and Corporate Governance (Governance Declaration) (2001)
B 4.4 Country Review Reports to the APRM
Country Review Report – Rwanda (2005)
Country Review Report – Kenya (2006)

C SUB-REGIONAL DOCUMENTS FROM REGIONAL ECONOMIC COMMUNITIES IN EASTER AND SOUTHERN AFRICA
C1 Common Market for Eastern and Southern Africa (COMESA)
C1.1 Treaty establishing COMESA (1993/1994)
C1.2 Addis Ababa Declaration on the COMESA Gender Policy (2002)
C1.3 COMESA Gender Policy (2005)
C2 East African Community (EAC)
C2.1 Treaty establishing the EAC (1999/2000)
C2.2 Second EAC Development Strategy 2001-2005 (2001)
C2.3 Third EAC Development Strategy 2006-2010: Deepening and Accelerating Integration (2006)
C2.4 EAC Regional Integrated Multisectoral HIV and AIDS Strategic Plan 2007-2012 (2007)
C 3 Intergovernmental Authority on Development (IGAD)
C3.1 Agreement Establishing IGAD (1996/1996)
C3.2 Declaration of Ministers in charge of HIV/AIDS (2007)
C4 Southern African Development Community (SADC)
C4.1 Treaty of SADC (1992/1993)
C4.2 SADC Protocol on Health (1999/2004)
C4.3 SADC Code on HIV/AIDS and Employment (1997)
C4.4 SADC Declaration on Gender and Development (1997)
C4.5 Addendum to the SADC Declaration on Gender and Development (1998)
C4.6 Maseru Declaration on the Fight against HIV/AIDS in the SADC Region (2003)
C4.7 HIV and AIDS Strategic Framework and Programme of Action 2003-2007 (2003)
C4.8 HIV and AIDS Business Plan: Strategic 5-Year Business Plan 2005-2009 (2004)
C5 Economic Community of Central African States (ECCAS)
C5.1 Treaty establishing ECCAS (1983/1984)
C6 Indian Ocean Commission (IOC)
C6.1 General Agreement of Cooperation between Member States of the Indian Ocean (1984/1984)

D DOMESTIC DOCUMENTS FROM EASTERN AND SOUTHERN AFRICAN COUNTRIES
D1 Constitutional provisions
D1.1 Relationship between international and national law: monist constitutions
D1.2 Relationship between international and national law: dualist constitutions
D1.3 Equality and non-discrimination
D1.4 Socio-economic rights
D1.4.1 Justiciable socio-economic rights
D1.4.2 Socio-economic rights under directive principles of state policy
D1.5 Right to dignity and privacy
D1.6 Property and inheritance rights of women
D1.7 Customary practices
D1.8 Rights and protection of children
D1.9 Rights and protection of other vulnerable groups
D2 Legislation (including bills)
D2.1 HIV specific laws/bills
Angola: Law 8/04 on HIV and AIDS (2004)
Burundi: Law 1/018 of 12 May 2005 on the Legal Protection of People Infected with HIV and of People Suffering from AIDS (2005)
Kenya: HIV and AIDS Prevention and Control Act 14 of 2006
Madagascar: Law 2005-040 on the Fight against HIV/AIDS and the Protection of Rights of People Living with HIV (2006)
Mauritius: HIV and AIDS Act 31 of 2006
Tanzania: HIV and AIDS (Prevention and Control) Bill (2007)
Uganda: Human Immunodeficiency Virus Control Bill (2007)
D2.2 Equality and non-discrimination
Angola: Law 8/04 on HIV and AIDS (2004)
Burundi: Law 1/018 of 12 May 2005 on the Legal Protection of People Infected with HIV and of People Suffering from AIDS (2005)
Kenya: HIV and AIDS Prevention and Control Act 14 of 2006
Madagascar: Law 2005-040 on the Fight against HIV/AIDS and the Protection of Rights of People Living with HIV (2005)
Mauritius: HIV and AIDS Act 31 of 2006
South Africa: Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Tanzania: HIV and AIDS (Prevention and Control) Bill (2007)
Uganda: Human Immunodeficiency Virus Control Bill (2007)
D2.3 Employment
Angola: Law no 8/04 on HIV and AIDS (2004)
Angola: Decree 43/03 - Regulations on HIV/AIDS, Employment, and Professional Training (2003)
Lesotho: Labour Code (Amendment) Act no 5 of 2006
Madagascar: Law 2005-040 on the Fight against HIV/AIDS and the Protection of Rights of People Living with HIV (2005)
Mauritius: Labour (Amendment) Act 1 of 2004
Mozambique: Law 5 of 2002
Namibia: Labour Act 15 of 2004
South Africa: Occupational Health and Safety Act 85 of 1993
South Africa: Compensation for Occupational Injuries and Diseases Act 130 of 1993
South Africa: Labour Relations Act 66 of 1995
South Africa: Basic Conditions of Employment Act 75 of 1997
South Africa: Employment Equity Act 55 of 1998
South Africa: Public Service Regulations (2001)
Tanzania: HIV and AIDS (Prevention and Control) Bill (2007)
Uganda: Human Immunodeficiency Virus Control Bill (2007)
Zimbabwe: Statutory Instrument 202 of 1998: Labour Relations (HIV and AIDS) Regulations D2.4 Right to health care
Angola: Law no 8/04 on HIV and AIDS (2004)
Burundi: Law 1/018 of 12 May 2005 on the Legal Protection of People Infected with HIV and of People Suffering from AIDS (2005)
Djibouti: Law 48 on the Orientation of Health Policy (1999)
Kenya: HIV and AIDS Prevention and Control Act (2006)
Madagascar: Law 2005-040 on the Fight against HIV/AIDS and the Protection of the Rights of People Living with HIV (2005)
Mauritius: HIV and AIDS Act 31 of 2006
South Africa: Medicines and Related Substances Control Amendment Acts 90 of 1997 and 59 of 2002
South Africa: Medical Schemes Act 131 of 1998
South Africa: National Health Act 61 of 2003
Tanzania: HIV and AIDS (Prevention and Control) Bill (2007)
Uganda: Human Immunodeficiency Virus Control Bill (2007)
Zimbabwe: Public Health Act 19 of 1924
D2.5 Property rights and inheritance
Botswana: Abolition of Marital Power Act 34 of 2004
Lesotho: Legal Capacity of Married Persons Act 9 of 2006
Malawi: Deceased Estates (Wills, Inheritance and Protection) Bill (2004)
Namibia: Married Persons Equality Act 1 of 1996
Namibia: Communal Land Reform Act 5 of 2002
D2.6 Customary practices
Eritrea: Female Circumcision Abolition Proclamation No 158/2007
Kenya: Children Act 8 of 2001
D2.7 Domestic violence
Lesotho: Legal Capacity of Married Persons Act (2006)
Malawi: Protection against (Prevention of) Domestic Violence Act 5 of 2006
Namibia: Combating of Rape Act 8 of 2000
Namibia: Combating of Domestic Violence Act 4 of 2003
Mauritius: Sex Discrimination Act 43 of 2002
Mauritius: Protection from Domestic Violence (Amendment) Act 11 of 2004
South Africa: Domestic Violence Act 116 of 1998
Uganda: The Domestic Relations Bill (2003)
Zimbabwe: Criminal Law (Codification and Reform) Act 23 of 2004
D2.8 Children’s rights and protection of vulnerable groups
Djibouti: Law 48 on the Orientation of Health Policy (1999)
Kenya: Children Act 8 of 2001
Madagascar: Law 2005-040 on the Fight against HIV/AIDS and the Protection of Rights of People Living with HIV (2005)
Malawi: Child (Care, Protection and Justice) Bill (2003)
Mauritius: The Child Protection (Amendment) Bill 36 of 2005
Rwanda: Law 27 of 2001 Relating to the Rights and Protection of the Child Against Violence
South Africa: Children’s Act 38 of 2005
Tanzania: HIV and AIDS (Prevention and Control) Bill (2007)
Uganda: Human Immunodeficiency Virus Control Bill (2007)
Zambia: Penal Code (Amendment) Act 15 of 2005
D2.9 HIV and criminal law
Angola: Law 8/04 on HIV and AIDS (2004)
Botswana: Penal Code (Amendment) Act 5 of 1998
Botswana: Public Health Act 44 of 1971
Kenya: Sexual Offences Act 3 of 2006
Kenya: HIV and AIDS Prevention and Control Act 14 of 2006
Madagascar: Law no 2005-040 on the fight against HIV/AIDS and the Protection of Rights of People Living with HIV (2006)
Namibia: Combating of Rape Act 8 of 2000
South Africa: Criminal Procedure Second Amendment Act 85 of 1997
South Africa: Criminal Law Amendment Act 105 of 1997
South Africa: Criminal Law (Sexual Offences and Related Matters) Bill (2003)
Tanzania: HIV and AIDS (Prevention and Control) Bill (2007)
Uganda: Human Immunodeficiency Virus Control Bill (2007)
Zimbabwe: Criminal Law (Codification and Reform) Act 23 of 2004
D2.10 Legislation providing institutional mechanisms for HIV and AIDS
South Africa: North West Provincial Council on AIDS Act 5 of 2001
Tanzania: Tanzania Commission for AIDS Act 22 of 2001
Zimbabwe: National AIDS Council of Zimbabwe Act 26 of 1999
D3 Policies and other similar documents
Malawi: National HIV/AIDS Policy (2003)
Namibia: National Code on HIV/AIDS in Employment (2000)
South Africa: National HIV/AIDS Strategic Plan 2007-2011 (2007)
South Africa: National Policy on HIV/AIDS for Learners and Educators in Public Schools and Students and Educators in Further Education and Training (1999)
South Africa: Human Rights and Ethical Guidelines on HIV: A Manual for Medical Practitioners of South Africa (2001)
D4 Case law of Eastern and Southern African national courts
D4.1 HIV-related discrimination
Hoffmann v South African Airways 2001 (1) SA 1 (SACC 2000)
Nanditume v Minister of Defence (2002) AHRLR 119 (NaLC 2000)
Diau v Botswana Building Society (BBS) 2003 (2) BLR 409 (BwIC)
Jimson v Botswana Building Society (2005) AHRLR 3 (BwIC 2003)
Lemo v Northern Air Maintenance (Pty) Ltd (2004) (2) BLR 317 (IC)
D4.2 Access to HIV-related treatment
Mangani v Register Trustees of Malamulo Hospital (1991) High Court of Malawi
Minister of Health and Others v Treatment Action Campaign and Others 2002 (5) SA 717 (SACC)
D4.3 HIV prevention and care in prison
Van Biljon and Others v Minister of Correctional Services and Others 1997 (4) SA 441 (C) (SAHC 1997)
Stanfield v Minister of Correctional Services and Others 2004 (4) SA 43 (C) (SAHC 2003)
Magida v S 2005 JOL 15294 (SASCA)
EN and Others v Government of the RSA and Others 2007 (1) BCLR 84 (SAHC Durban 2006)
Mazibuko v Minister of Correctional Services and Others 2007 JOL 18957 (SAHC 2005 T)
D4.4 HIV and family law
Midwa v Midwa 2000 (2) EA 453 (CAK 2000)
Dindi v Dindi and Kamaloni (2004) Supreme Court of Zambia
D4.5 HIV and confidentiality 231
Van Vuuren and Another NNO v Kruger 1993 (4) SA 842 (SAA)
NM and Others v Smith and Others (Freedom of Expression Institute as Amicus Curiae) 2007 (5)
SA 250 (CC)
D4.6 HIV and testing
C v Minster of Correctional Services 1996 (4) SA 292 (T)
Thebe v Mbewe t/a Checkpoint Laboratory Services 2000 JOL 7142 (ZS)
Joy Mining Machinery v National Union of Metal Workers of South Africa and Others 2002 (23)
ILJ 391 (SALC 2002)
Irvin and Johnson Ltd v Trawler and Line Fishing Union and Others 2003 (4) BLLR 379 (SALC)
VRM v Health Professions Council of SA & Others 2003 JOL 11944 (T)
D4.7 HIV and the law of delict (tort)
Venter v Nel 1997 (4) SA 1014 (SAHC D)
D4.8 HIV and criminal law
Republic v Cidreck 1995 MLR 695 (High Court of Malawi 1994)
Makuto v The State 2000 (2) BLR 130 (CA)
Lejony v State 2000 (2) BLR 145 (BwCA)
Nquibi v The State (Practice direction) 2001 (1) BLR 154 (BwCA)
S v Nzara 2001 JOL 8529 (ZHC)
Attorney General’s Reference: In re: The State v Marapo 2002 (2) BLR 26 (BwCA 2002)
Snoti v S 2007 JOL 19383 (SAHC E)
D4.9 HIV and freedom of expression
South Africa Human Right Commission v SABC & Another (SABCT 2003)
Allen v SAFM (SABCT 2006)
De Vos v Talk Radio 702 (SABAT 2006)

E LEGISLATION, POLICIES AND CASE LAW FROM OTHER REGIONS
E1 Legislation
E1.1 HIV specific laws/bills
Benin: Law No 2003-04 relating to Sexual and Reproductive Health (2003)
Benin: Law No 2005-31 relating to the Prevention, Care and Control of HIV/AIDS in the Republic of Benin (2005)
Cambodia: Law on the Prevention and Control of HIV/AIDS (2002)
Kazakhstan: Law of 5 October 1994 on the Prevention of AIDS
Papua New Guinea: HIV/AIDS Management and Prevention Act 4 of 2003
Philippines: AIDS Prevention and Control Act 8504 of 1998
United States of America: State of New Jersey: An Act Concerning Testing of Pregnant Women and Newborns for HIV (2007)
E1.2 Equality and non-discrimination
Canada: Canadian Human Rights Act (1977)
E1.3 Employment
The Bahamas: Bahamas Employment Act 27 of 2001
E2 Policies and other similar documents
Australia National HIV Strategy (2005-2008) (2005)
Nigeria National Policy on HIV and AIDS (2003)
West and Central Africa: Law # of 2004 on HIV/AIDS Prevention and Control
E3 Case law
E3.1 HIV-related discrimination
Canada (Attorney General) v Thwaites (TD) (1994) FC (3rd) 38
Mr X v Hospital Z (1998) India Supreme Court 284
A, C & Others v Union of India & Others (InBHCJ 1999)
E3.2 Access to HIV-related treatment
Jorge Odir Miranda Cortez et al v El Salvador (2001) Inter-American Commission on Human Rights
AIDS Access Foundation et al v Bristol Myers-Squibb Company and Department of Intellectual Property (ThCIPITC 2002)
E3.3 HIV prevention and care in prison
Prisoners A-XX Inclusive v State of New South Wales (1995) New South Wales Supreme Court
R v Secretary of State for Home Department Ex Parte Glen Fielding (1999) EWHC Admin 641
Odafe and Others v Attorney-General and Others (2004) AHRLR (NgHC 2004)
E3.4 HIV and disability
Bragdon v Abbott (1998) 107 F 3d 934 (USSC 1998)
E3.5 HIV and confidentiality
Harvey & Another v PD (2004) NSWCA 97
E3.6 HIV and PMTCT
C (A Child) (EWCA Civ 1999) 3007
E3.7 HIV and deportation/extradition
D v The United Kingdom (1997) ECHR
De Bruyn v Minister for Justice & Customs (2004) FCAFC 334
N v Secretary of State for the Home Department 2005 (4) All ER 1017 (UKHL 2005 31)
E3.8 HIV and sexual orientation
Toonen v Australia (1994) Human Rights Committee

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