DIE MOONTLIKHEID VAN VERPLIGTE MIV-TOETSING VIR SEKSWERKERS IN SUID-AFRIKA NA DEKRIMINALISERING

Abstract

At present, the possibility of the decriminalization of the sex trade enjoys serious consideration by the South African Law Commission. With the spread of HIV still a big concern in South Africa, this article investigates the constitutionality of compelling sex workers to undergo HIV-testing, should the sex trade be decriminalized. This is done by examining existing South African case law and legislation in the field of compulsory HIV-testing. The South African position is followed by a comparative study with Nevada (USA) and Victoria (Australia) where sex work has been practised as a legal occupation for several years. Authors are of the opinion that the legislation
of both these countries set a good example for South Africa in combating the spread of HIV through the sex industry, once decriminalized.