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5 Interdisc. J. Hum. Rts. L. 1 (2010-2011)
Mandatory Premarital HIV Testing as a Challenge to Human Rights

handle is hein.journals/ijhrl5 and id is 7 raw text is: MANDATORY PREMARITAL H1V TESTING AS A CHALLENGE TO HUMAN RIGHTS A Case Study of Eritrea' Daniel R. Mekonnen* HIV testing is compulsory for all who are preparing to get married in Eritrea. As a result, seropositive individuals are not allowed to have their marriages officially recognised by public or religious entities. As a contentious public health issue, the policy has serious human rights implications, including adverse consequences for women's health. A wealth of empirical research provides the foundation for this claim. While some may attempt to justify mandatory HIV testing as part of an aggressive and comprehensive HIV/AIDS prevention program, it is difficult to substantiate this based on sound and normative legal justifications. Furthermore, this strategy does not support an effective public health policy on HIV/AIDS prevention. Any approach that aims to achieve a comprehensive prevention strategy must be consistent with respect for human rights, as enshrined in regional and international human rights law. International legal standards oblige states to refrain from using coercive medical treatment unless it is absolutely necessary to prevent the spread of a communicable disease. Indiscriminate and involuntary HIV testing is in fact not necessary to prevent the spread of HIV/AIDS in Eritrea. Furthermore, the current policy favors a range of human rights violations. There is an urgent need for the Eritrean government to reverse the policy of mandatory HIV testing. I. CONTEXTUAL BACKGROUND As one of the youngest countries in the world-and an emergent and poor African country as well-Eritrea faces immense challenges ranging from an alarming record of human rights violations, to the HIV/AIDS epidemic, to a crippling no war, no peace situation with its neighboring country Ethiopia. Particularly since September 2001, Eritrea 'This work is a revised version of a paper presented at the international symposium on The Ethics of State Involvement in Women's Health, University of Southern California, 5 April 2010. The author is grateful to Professor Charles Ngwena, Ebenezer Durojaye, Yohannes T Tesfagabir, and to the anonymous reviewers of the journal for their insightful comments. The financial and institutional support of the following entities is duly acknowledged: Fonds Wetenschappelijk Onderzoek-Vlaanderen (FWO), Nederlandse Organisatie voor Wetenschappelijk Onderzoek (NWO), the Human Rights Centre in Ghent University, the International Victimology Institute (INTERVICT) in Tilburg University, as well as the Levan Institute for Humanities and Ethics, the Institute for Global Health, and the Center for International Studies at the University of Southern California. The usual disclaimer applies. * Dip Law (Asmara), LLB (Asmara), LLM (Stellenbosch), LLD (Free State); Senior Visiting Researcher at the International Victimology Institute (INTERVICT), Tilburg University, the Netherlands; formerly Judge of the Zoba Maekel Provincial Court, Eritrea; email: d.r.mekonnen@uvt.nl.

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