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THE HEALTH RIGHTS PROJECT

Can I be tested for HIV without my consent?

A person cannot be tested for HIV without their 'informed consent'. Consent is treated to be informed when a person agrees to an HIV test, they are properly informed about it: what the test is for, its risks and benefits, and what alternatives exist. Such informed consent must be given freely, without any pressure, force, or misleading information, and in a language they can understand. Nobody can trick or force a person into agreeing.

The only exceptions to informed consent for HIV testing are:

  1. If ordered by a court,
  2. For screening in licensed blood banks,
  3. For medical research or therapy, or
  4. For surveillance or epidemiological purposes (only if the HIV test is anonymous).

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