HIV and the Law

HIV is a politicized issue in South Africa, so much so that babies die just because a doctor doesn’t have a mandate to act in the best interests of all. History of our country being what it is and some doctors still having biased ideology or even separate practices for blacks and whites, it is difficult to argue against politics. The fundamental problem is ignorance and statutory complications don’t help resolve the issue or even make it better.
Vertical transmission means in simple terms HIV positive mother giving her unborn child the disease because a doctor was not allowed to test the parent. The commonest reason is due the parent’s fear or the father just did not agree. The father is usually the stumbling block because he knows that the status of the mother has implications beyond her. The fact she is pregnant means the condom was then not used.
I think it is a crime for somebody (worse if a parent) to decide to kill a child with me as doctor aware of the act and I am supposed to stay powerless. The day you as a mother and father decided to make that baby and ditch the condom, you lost that right to refuse to get tested for personal reasons. The life of the third person gets to be at stake and I hope to represent that right till he can raise his or her hand in protest if wronged. The law says to commit suicide is a crime, let alone the religion that most of the Christian world believe in (I can’t speak for Islam but it’s probably the same). I will still be lenient on this issue (suicide) as it depends on many variables, e.g euthanasia could be justified. To take somebody with as company for the fun of it should not at all be condoned.
The right to refuse HIV test, if you pregnant is in direct contradiction with the right to life of the baby that you as the parent brought to this world in the first place. The first patient that refused an HIV test for me and the subsequent infection of the baby (very simple preventative options were available) affected me so much that I had to question my role as a doctor in this toxic environment.
We obviously would do much better with a cure rather than a bad excuse for treatment we presently have, but until then constitution has to be respected. You need to eat right and respect your body. The minister of health died advocating beetroot as a cure for HIV treatment. That’s an extreme, you only have to eat healthy.

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