The right of men and women of marriageable age to marry and found a family is a right that is recognized both in national laws and international instruments. Everyone is entitled to this right, including people living with HIV/AIDS.
Article 16 of the universal declaration on human rights, article 23 of the international covenant on civil and political rights, section 13 of the HAPCA.
The right to marry and found a family is a fundamental right free from any discrimination. It is therefore not justifiable that pre marital health and/or HIV/AIDS testing be imposed as a precondition for the granting of marriage licenses.
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