The paper is based on two case studies on home-based care in Kweneng district, Botswana, in March-April 2000. Ethical and legal issues emerged that are in dire need of attention. Is home-based care an ethical solution in a country where almost fifty per cent of the population live below the poverty datum line? Is there adequate provision of food, shelter, physical and psychological support for the patients and families in home-based care? Do patients and carers have any choice about the care setting they prefer? The current stance on confidentiality may also be detrimental to breaking the silence surrounding the epidemic. Most of the carers are women living in cohabitation. Revision of property rights and inheritance laws is necessary to support those who are providing care for the terminally ill. Home-based care in Botswana should not be seen as a tool to de-congest hospitals, but as a way of providing quality care for AIDS patients at home.
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