Making Human Rights the Core of the HIV & TB Response- The Kenyan

Experience20th International AIDS Conference

Wednesday, 23rd July, 2014 14:30- 16:00 hrs

Belice A. OdamnaProgramme Officer- KELIN

• Background • Legal Framework • Interventions• Successes • Challenges • Conclusion

Outline

Background

• In offering Legal services and litigation support to the community of PLHIV and those affected by HIV, KELIN receives cases ranging from breach of confidentiality or disclosure of HIV test without consent, forced/coerced sterilization , discrimination on grounds of HIV status, difficulty in accessing treatment and care, illegal police practices, unlawful dismissal from employment due to because of ones HIV positive status or perceived HIV status etc.

• Over the years KELIN continues to receive reports of TB patients arrest, being charged in court for failing to take medication and consequently imprisoned.

Legal Framework:The Constitution of Kenya(2010):• Article 2 (6) –any treaty or convention ratified by

Kenya forms part of Kenyan law• Article 10 – national values & principles of

governance including human dignity ,non- discrimination, social justice, inclusiveness, equality, human rights, non – discrimination & protection of the marginalized

• Article 27 (4)- equality and non- discrimination• Article 43- right to the highest attainable standard of

health including reproductive health

Legal framework cont…..Statute• HIV & AIDS prevention and control act (2006)• Sexual Offences Act (2006)• Penal Code• Public Health Act – section 27• Several county by- laws

Interventions

• Court cases to secure release and seek declarations on violations and damages for human rights violations including strategic public interest litigation

• Legal literacy for all stakeholders – PLHIV, health care workers, law enforcement officers, lawyers and the judiciary

• Community dialogue forums • National advocacy with relevant government

departments including ministries of health• Strategic and public interest litigation

Successes• Understanding amongst stakeholders on the

need to respect human rights of PLHIV and the rights based approach to service delivery

• Positive judgements and rulings (VMK v CUEA-2013) , JAO v Homepark Caterers, YB v Marist Int’nl Brothers & 3 others, release of petitioners in TB case

• A section of lawyers and judicial officers who understand the complex legal and social issues brought about by HIV

Challenges• Litigation successes are not immediate

because of the tedious process and are also expensive

• Change in the law does not necessarily mean a change in attitude therefore the need for stakeholder and community sensitization

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