I was going
through one of our Nigeria dailies; I came across a story o how a man infected
his wife and two children of HIV/AIDS despite knowing his status.
The man was
informed of his status, that he has a full blown AIDS and instead of him to
tell his wife if not anyone, he kept it to himself and neither did he use
anti-retroviral drugs to keep him alive, now he narrates to the whole world how
good and supportive his wife has been
and want to be forgiven by them.
Being sorry goes
a long way but how acceptable is sorry in law I this circumstance.
In Nigeria
today, out of the thirty six states of the federation that find it necessary to
establish the law protecting the interest of those living with HIV/AIDS, these
states are Enugu state and Lagos state that think law protecting their interest
need to be enacted. It is enshrined in the constitution that every citizen
shall be free from all form of discrimination.
These laws
enacted protect the interest of persons living with HIV/AIDS and right of an innocent
third party. Lagos state HIV/AIDS protection law which came into force in May
18, 2007 and Enugu state f Nigeria ; Law No.2 17 A law for persons living
HIV/AIDS and anti-discrimination and protection law 2005
What are the rights of persons living with HIV/AIDS in
Lagos State
Considering the
low level of awareness of HIV/AIDS in our society or better still should I say
how some people ignorantly say there is no HIV/AIDS or I can never contact it
plus the stigmatization of persons living with HIV/AIDS
Lagos state government
establishes this law which is as follows;
Section 1 of the
Lagos State HIV/AIDS protection law guarantees the protection of all persons
living with HIV/AIDS by providing these persons with access to life prolonging drugs,
treatments and therapies. Right to voluntary counseling in public health.
Rights against third parties
No landlord
shall refuse to let out his property to a person living with HIV/AIDS by virtue
of his/her health status.
No health
institution public or private shall stigmatize and denial such person from free
and easy access to public and private health care by virtue of his status.
A person living
with HIV/AIDS has the right to pursue his academic career to any level he/she
desires without stigmatization.
No employer has
the right to terminate his employment based on his HIV/AIDS status.
A person living
with HIV/AIDS has the right to take part I social, religious and political
gathering without discrimination.
Right against health workers
Any health
worker who intentionally reveals the health status of any person living with
HIV/AIDS shall be suspended from his/he duties.
Offenses and Penalties
To some people
AIDS/HIV is death sentence and they want to infect other innocent people based
on malice, where this happens such person will be adequately dealt with and it
shall be death before death,any person who willfully endangers other people by
infecting them with HIV/AIDS virus commits an offense and is liable to
conviction and a fine of Two Hundred Thousand Naira only and imprisonment for a
term not exceeding Ten years.
Lagos state also
went further to provide anti-retroviral drugs in all HCT centers in general
hospitals across the state to help persons living with HIV/AIDS.
ENUGU STATE
Enugu state of
Nigeria ; Law NO.2 17 A law for the protection of persons living with HIV/AIDS
anti-discrimination and protection law 2005.
Section 2(1)
state that it shall be considered criminal offense for someone with established
knowledge of his/her positive status to willfully and intentionally expose
someone else in practices that are of
considered to put others at the risk of HIV/AIDS infection.
Any partner in
marriage has the right to secure divorce in a situation where he/she considers
himself /herself at risk of being infected by HIV positive partner who refused
to consent or practice safer sex especially consistent use of condom.
Right to marry
any one of their choice provided the latter’s consent is obtained voluntarily
Thank you.
Oyenike Alliyu-Adebiyi LLB(hons)BL
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