Informed consent to participation in preventive HIV vaccine efficacy trials in the light of section 12(2)(c) of the South African Constitution

Clinical trials to develop an effective vaccine against HIV are currently underway in South Africa. The scientific, epidemiologic and socio-economic backgrounds against which these trials are likely to take place are described, as well as the risks and benefits attaching to participation. It is argued that, against this background, informed consent will be difficult to achieve. In the light of this reality, the extent of the constitutional guarantee in section 12(2)(c) is investigated. The content of section 12(2)(c) is analysed, and recent case law that deals with section 12 is examined critically. It is concluded that the constitutional guarantee contained in section 12(2)(c) is an important buttress against communities’ exploitation during HIV vaccine trials.