Towards smarter HIV laws: considerations for improving HIV-specific legislation in sub-Saharan Africa

Abstract

As of 31 July 2014, some 27 countries in sub-Saharan Africa had adopted HIV-specific legislation to respond to the legal challenges posed by the HIV epidemic. However, serious concerns raised about these laws have led to calls for their repeal and review. Through the theory of "smarter legislation", this article develops a framework for analysing the concerns relating to the process, content and implementation of HIV-specific laws. This theoretical framework provides specific guidance and considerations for reforming HIV-specific laws and for ensuring that they achieve their goals of creating enabling legal environments for the HIV response.

Keywords: HIV-specific laws; HIV/AIDS; Legislation; sub-Saharan Africa.