An Overview of the Legal Environments for the HIV Response in Participant Countries - Consultant Desk Review. Cooper J. (2013)

Legislative desk review-1

Every country has a unique legal environment that will dictate whether and how the HIV response might be incorporated into legislation. New or amending laws should be tailor-made for the specific legal environment that exists.

Already existing in each country is a body of both primary (Laws, Acts and Decrees) and secondary laws (such as Regulations and Orders). The legal environment includes the Constitution (as the supreme Law of the country) and the constitutional protections provided by it. This may include a Bill of Rights, with specific rights stated. Such constitutional rights are rarely ‘absolute rights’. They may be limited or qualified in some way. For example, a right might be given that is potentially to be limited ‘in the interests of public health’ or ‘in the event of the declaration of a public emergency’. Such limitations are usually, but not always, permitted if ‘authorised by law’.




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