Malawi: Case Challenging Mandatory HIV Testing of Sex Workers Filed in High Court

The Southern Africa Litigation Centre and the Centre for the Development of People will be filing a challenge to the mandatory HIV testing of sex workers in Mwanza, Malawi.

The applicants, 11 sex workers, were arrested by police while at a local restaurant, taken to a local public hospital, and subjected to an HIV test without their consent.

The test results were announced publicly in court by the Magistrate and they were found guilty of spreading venereal disease. The Magistrate ordered those not from Mwanza to leave the locality.

The case argues that the actions of the police, hospital personnel and Magistrate violated the women's constitutional rights to privacy, liberty, non-discrimination, freedom from cruel, inhuman and degrading treatment, dignity, and fair trial.

For more information, please contact Priti Patel of the Southern Africa Litigation Centre at pritip@salc.org.za

Posted from: Law and Health Initiative Digest of the Open Society Foundations (April 2011)