Group rights and the right to protection against human immunodeficiency virus/acquired Immunodeficiency syndrome (HIV/AIDS) infection from an industrial relations and public policy perspective.

Abstract

This paper reflects on the right of protection against HIV infection versus group rights. Various pieces of legislation that recognise group rights are discussed throughout the paper. In so doing the authors have attempted to illustrate that although South African legislation may not clearly demarcate group rights to specific groups, legislators have inadvertently made countless reference to specific groups or grouping of individuals, which suggest that group rights may exist. It is postulated that if individual rights exist, group rights may correspondently co-exist. The aim of this paper is to explore the feasibility of individuals relying on group rights as a means of seeking protection against HIV/AIDS infection