Workplace discrimination. Helping the spread of HIV
PubMed, Nov 1, 1995
PIP: South Africa's new Labor Relations Act represents a major advance in protecting persons... more PIP: South Africa's new Labor Relations Act represents a major advance in protecting persons with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) from workplace discrimination. In this document, HIV and AIDS are included as conditions ...
The administration of justice, law reform and jurisprudence
Page 1. THE ADMINISTRATION OF JUSTICE, LAW REFORM AND JURISPRUDENCE Edwin Cameron* Dennis M Davis... more Page 1. THE ADMINISTRATION OF JUSTICE, LAW REFORM AND JURISPRUDENCE Edwin Cameron* Dennis M Davist Gilbert J MarcusJ THE ADMINISTRATION OF JUSTICE Generally: Accounting for Crimes of The Past ...
* I am greatly indebted to my law clerks Samantha Bent, Michael Mbikiwa and Claire Avidon for hel... more * I am greatly indebted to my law clerks Samantha Bent, Michael Mbikiwa and Claire Avidon for helping develop and set out the ideas in this paper. This elicited an impassioned reaction. The portrait was seen as shameful. It was criticised degrading to the dignity of black people, and as rekindling the past where blacks were subordinated and shamed. Two people defaced the painting, smearing black and red paint over it. Both the governing African National Congress and President Zuma sought an injunction (interdict) against the artist, the gallery and a Sunday newspaper, City Press, which carried the image on its website, asserting that the image unlawfully infringed the
Moving tributes to Law Professor Ronald Louw have already been delivered, including those by Zack... more Moving tributes to Law Professor Ronald Louw have already been delivered, including those by Zackie Achmat and Vasu Reddy. 1 Today I don't intend to deliver a tribute to Ronald, except by asking what sense we can make of his death. Why did Ronald Louw die? I am not speaking of physical cause. In the sense of fleshly fallibility, we know precisely what caused his death on Sunday 26 June 2005. He died of AIDS. Even though he was a well-nourished, fit, medically welltended man, unencumbered by Africa's diseases of poverty, dislocation and deprivation, he died of AIDS. He died because his immune system, stricken by years of infiltration and assault from a single pathogen-the human immuno-deficiency virus-could no longer ward off rampant cumulative opportunistic infections that eventually exhausted his resistance and choked away his life. Even though his life circumstances differed radically from those of most fellow Africans, in his death he shared a fate that has befallen and unhappily still portends for millions on this continent. We also know that in Ronald's case, this outcome was preventable. He need not have died. The causes culminating in his death triumphed for a precise reason. He died not because help was unavailable, but because he accessed it too late. He was tested for and diagnosed with HIV on 15 May 2005-the very day that he was admitted to hospital in Port Elizabeth with severe symptomatic effects of late-stage AIDS, barely seven weeks before he died. AIDS is no longer a necessarily fatal condition. It is now a medically manageable disease. In many millions of cases throughout the world, it can be and is being successfully treated. Long-term survivors of AIDS are no longer a rare and unexplained exception-for those with access to treatment, they are the norm: Well over 90% of AIDS patients with access to anti-retroviral medication recover well from their illness and return to productive, re-energised living.
During November 28-30 1994 the Organization of African Trade Union Unity Health Safety and Enviro... more During November 28-30 1994 the Organization of African Trade Union Unity Health Safety and Environment Program and the Southern Africa AIDS Information Dissemination Service held a conference on AIDS and Employment in Harare Zimbabwe. During the regional conference a consensus was reached on many workplace policies on AIDS and HIV. However significant problem areas remain. The first is that deviations from the accepted norms appear to occur widely in practice. Many employers suggest or enforce HIV testing and there are many instances where employers have acted detrimentally to the job security of an employee with an HIV positive diagnosis. The second problem area involves the enforcement of pre-employment HIV testing and discrimination in employment benefits. It is noted that pre-employment HIV testing tends to close the job market to persons with HIV depriving them of the means to earn their living. Nevertheless it is widely practiced in southern African labor statutes. Employment benefits have also been denied to HIV positive employees although to deny all benefits to those with HIV/AIDS solely on the ground of the cost implications constitutes unfair and irrational discrimination. Fair apportionments of benefits that take into account the actuarial limits of what can be provided for all employees in need including those with HIV/AIDS should be addressed.
Australian Law Joumal116 at 122-5 surveys the arguments. 2 During the constitutional crisis in th... more Australian Law Joumal116 at 122-5 surveys the arguments. 2 During the constitutional crisis in the 1950s the Nationalist Government criticized the Appellate Division for thwarting the 'democratic' outcome of the 1948 and 1953 elections which seemed to show that white voters wanted 'coloureds' removed from the voters' roll: see John Dugard Human Rights and the South African Legal Order (1978) 30ff.
Sexual Orientation and the Constitution: A Test Case for Human Rights*
... 53 Incorporated Law Society v Wookey 1912 AD 623 (the Cape statute permitting the admission t... more ... 53 Incorporated Law Society v Wookey 1912 AD 623 (the Cape statute permitting the admission to legal practice of 'persons' could not, for historical reasons, be interpreted to include women, who were therefore excluded from practice). ...
Reminiscences of Bench and Bar Mainly of the Free State
S. African LJ, 2003
... the book. That was done in the fifth edition of 1946. The sixth edition of 1957 was a radical... more ... the book. That was done in the fifth edition of 1946. The sixth edition of 1957 was a radical rewrite of exceptional quality undertaken by Mr Justice Herbstein and PWE (later Mr Justice) Baker and S Aaron (later SC). As the book ...
Workplace discrimination. Helping the spread of HIV
PubMed, Nov 1, 1995
PIP: South Africa's new Labor Relations Act represents a major advance in protecting persons... more PIP: South Africa's new Labor Relations Act represents a major advance in protecting persons with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) from workplace discrimination. In this document, HIV and AIDS are included as conditions ...
The administration of justice, law reform and jurisprudence
Page 1. THE ADMINISTRATION OF JUSTICE, LAW REFORM AND JURISPRUDENCE Edwin Cameron* Dennis M Davis... more Page 1. THE ADMINISTRATION OF JUSTICE, LAW REFORM AND JURISPRUDENCE Edwin Cameron* Dennis M Davist Gilbert J MarcusJ THE ADMINISTRATION OF JUSTICE Generally: Accounting for Crimes of The Past ...
* I am greatly indebted to my law clerks Samantha Bent, Michael Mbikiwa and Claire Avidon for hel... more * I am greatly indebted to my law clerks Samantha Bent, Michael Mbikiwa and Claire Avidon for helping develop and set out the ideas in this paper. This elicited an impassioned reaction. The portrait was seen as shameful. It was criticised degrading to the dignity of black people, and as rekindling the past where blacks were subordinated and shamed. Two people defaced the painting, smearing black and red paint over it. Both the governing African National Congress and President Zuma sought an injunction (interdict) against the artist, the gallery and a Sunday newspaper, City Press, which carried the image on its website, asserting that the image unlawfully infringed the
Moving tributes to Law Professor Ronald Louw have already been delivered, including those by Zack... more Moving tributes to Law Professor Ronald Louw have already been delivered, including those by Zackie Achmat and Vasu Reddy. 1 Today I don't intend to deliver a tribute to Ronald, except by asking what sense we can make of his death. Why did Ronald Louw die? I am not speaking of physical cause. In the sense of fleshly fallibility, we know precisely what caused his death on Sunday 26 June 2005. He died of AIDS. Even though he was a well-nourished, fit, medically welltended man, unencumbered by Africa's diseases of poverty, dislocation and deprivation, he died of AIDS. He died because his immune system, stricken by years of infiltration and assault from a single pathogen-the human immuno-deficiency virus-could no longer ward off rampant cumulative opportunistic infections that eventually exhausted his resistance and choked away his life. Even though his life circumstances differed radically from those of most fellow Africans, in his death he shared a fate that has befallen and unhappily still portends for millions on this continent. We also know that in Ronald's case, this outcome was preventable. He need not have died. The causes culminating in his death triumphed for a precise reason. He died not because help was unavailable, but because he accessed it too late. He was tested for and diagnosed with HIV on 15 May 2005-the very day that he was admitted to hospital in Port Elizabeth with severe symptomatic effects of late-stage AIDS, barely seven weeks before he died. AIDS is no longer a necessarily fatal condition. It is now a medically manageable disease. In many millions of cases throughout the world, it can be and is being successfully treated. Long-term survivors of AIDS are no longer a rare and unexplained exception-for those with access to treatment, they are the norm: Well over 90% of AIDS patients with access to anti-retroviral medication recover well from their illness and return to productive, re-energised living.
During November 28-30 1994 the Organization of African Trade Union Unity Health Safety and Enviro... more During November 28-30 1994 the Organization of African Trade Union Unity Health Safety and Environment Program and the Southern Africa AIDS Information Dissemination Service held a conference on AIDS and Employment in Harare Zimbabwe. During the regional conference a consensus was reached on many workplace policies on AIDS and HIV. However significant problem areas remain. The first is that deviations from the accepted norms appear to occur widely in practice. Many employers suggest or enforce HIV testing and there are many instances where employers have acted detrimentally to the job security of an employee with an HIV positive diagnosis. The second problem area involves the enforcement of pre-employment HIV testing and discrimination in employment benefits. It is noted that pre-employment HIV testing tends to close the job market to persons with HIV depriving them of the means to earn their living. Nevertheless it is widely practiced in southern African labor statutes. Employment benefits have also been denied to HIV positive employees although to deny all benefits to those with HIV/AIDS solely on the ground of the cost implications constitutes unfair and irrational discrimination. Fair apportionments of benefits that take into account the actuarial limits of what can be provided for all employees in need including those with HIV/AIDS should be addressed.
Australian Law Joumal116 at 122-5 surveys the arguments. 2 During the constitutional crisis in th... more Australian Law Joumal116 at 122-5 surveys the arguments. 2 During the constitutional crisis in the 1950s the Nationalist Government criticized the Appellate Division for thwarting the 'democratic' outcome of the 1948 and 1953 elections which seemed to show that white voters wanted 'coloureds' removed from the voters' roll: see John Dugard Human Rights and the South African Legal Order (1978) 30ff.
Sexual Orientation and the Constitution: A Test Case for Human Rights*
... 53 Incorporated Law Society v Wookey 1912 AD 623 (the Cape statute permitting the admission t... more ... 53 Incorporated Law Society v Wookey 1912 AD 623 (the Cape statute permitting the admission to legal practice of 'persons' could not, for historical reasons, be interpreted to include women, who were therefore excluded from practice). ...
Reminiscences of Bench and Bar Mainly of the Free State
S. African LJ, 2003
... the book. That was done in the fifth edition of 1946. The sixth edition of 1957 was a radical... more ... the book. That was done in the fifth edition of 1946. The sixth edition of 1957 was a radical rewrite of exceptional quality undertaken by Mr Justice Herbstein and PWE (later Mr Justice) Baker and S Aaron (later SC). As the book ...
Continues the advocacy for systemic improvements in criminal justice enforcement and administrati... more Continues the advocacy for systemic improvements in criminal justice enforcement and administration, rather than futilely imposing minimum and other harsh sentences, as a means of addressing the crisis of criminal violence in South Africa, which was also the focus of my UWC lecture in October 2017.
Minimum sentences are a sadly misguided and profoundly counter-productive blemish on South Africa... more Minimum sentences are a sadly misguided and profoundly counter-productive blemish on South Africa's journey toward democracy over the last twenty years
Some additional instances of SCC progressive jurisprudence roundabout the time of Mabior - and ac... more Some additional instances of SCC progressive jurisprudence roundabout the time of Mabior - and accentuating the contrast with it - added since the lecture was given.
Serious violations of the rights of LGBTI persons in Africa, and, in South Africa, particularly b... more Serious violations of the rights of LGBTI persons in Africa, and, in South Africa, particularly black lesbians living in townships, continue, but through our committed struggle, throughout the continent, we are beginning a struggle that will culminate in victory
Two Canadian Supreme Court decisions, Cuerrier and Mabior, reflect and harmfully reinforce irrati... more Two Canadian Supreme Court decisions, Cuerrier and Mabior, reflect and harmfully reinforce irrational stigma against HIV.
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