RSS

Category Archives: Termination on grounds of HIV

Successful completion of course on criminalization of HIV transmission, exposure and non – disclosure organized by AIDS & Rights Alliance for Southern Africa (ARASA).

Two of our Lawyers Alert staff participated in a course on criminalization of HIV transmission, exposure and non-disclosure organized by Aids & Rights Alliance for Southern Africa (ARASA) and upon successful completion of the course we are awarded certificates. pictures shows Roseline Oghenebrume, Director programs, Abuja office and Elvis Torkuma, project officer (youth) proudly displaying their certificates.

 

Tags: , , , , , , , , ,

SEXUAL AND REPRODUCTIVE HEALTH RIGHTS WITH RESPECT TO HIV VIOLATIONS

by Hwande Richard

HIV is an acronym for Human Immune deficiency Virus; it is a virus that lives in human blood, sexual fluids, and breast milk. It weakens the immune system, so the body has a hard time fighting off common germs, viruses, fungi, and other invaders. It spreads mainly through unprotected sexual contact and sharing needles.[1] The first two HIV cases in Nigeria were reported in 1986 at the international AIDS conference, over thirty years ago. Ever since then the statistics of People Living with HIV have grown, these statistics have been researched and recorded by different organizations and bodies. The most recent research results released on 14 March, 2019 indicates a national HIV prevalence in Nigeria of 1.4% among adults aged 15–49 years. Previous estimates had indicated a national HIV prevalence of 2.8%. UNAIDS and the National Agency for the Control of AIDS estimate that there are 1.9 million people living with HIV in Nigeria. At the national level, viral suppression among people living with HIV aged 15–49 years stands at 42.3% (45.3% among women and 34.5% among men). When people living with HIV are virally suppressed they remain healthy and transmission of the virus is prevented. The new data differentiates HIV prevalence by state, indicating an epidemic that is having a greater impact in certain areas of the country. The South-South zone of the country has the highest HIV prevalence, at 3.1% among adults aged 15–49 years. HIV prevalence is also high in the North Central zone (2.0%) and in the South East zone (1.9%). HIV prevalence is lower in the South West zone (1.1%), the North East zone (1.1%) and the North West zone (0.6%).[2]

The State of HIV/AIDS in Nigeria & Benue State:

HIV/AIDS has in its reign harvested for its self a trajectory of effects in its course.  These myriad of effects cuts across core areas including economic, socio-cultural, health and other effects combined. Persons living with HIV/AIDS (PLWH) over time have been subjected to humiliation, discrimination and stigmatization; which is a clear violation of their Sexual and reproductive health right. These violations can be traced to the trepidation of contacting the virus from the affected person. The citizenry, both individuals and government establishment were party to these violations; for example, Government hospital refusal to treat a person living with HIV/AIDS or a family refusal to allow a PLWH to sleep under the same roof with the entire family. PLWHAs were practically treated with disgust regardless of the awareness creation done by the government.  Many people living with HIV, who are in good health, will want to enjoy their sexual and reproductive health rights which provides them with equal opportunities with a person living without the virus. The unbearable situation of the PLWH community in the Nigeria society led to the clamour by Civil society organizations and Nongovernmental organizations both national and international for an Act prohibiting discrimination based on HIV status.

The Nigerian legislation in the year 2014 finally passed an Act titled HIV and AIDS (Anti-Discrimination) Act. Despite the enactment of the HIV and AIDS (Anti-Discrimination) Act, 2014, the Nigeria society still grapples with issues of discrimination and the violation of People Living with HIV. HIV is a health status and not a death sentence; people living with HIV are human beings and are not only entitled to their basic fundamental rights but also their health rights. They deserve to be loved, understood and valued. They deserve to be happy, dream, achieve their goals and lead their normal lives. They are also part of the human resources of our great country Nigeria and they deserve to have good paying jobs and job security. Over the years many victims of these violations previously had little or no support that ensured that they received justice and this situation was given little attention.  This piece seeks to appraise the violation reports of people living with HIV within the last two years using records from Lawyers Alert. This report encompasses violations in the last two years as it affects the above target group. Their documentation is made via their online tool styled “LadockT”http://colahr.org/lawyersalert/index.php  which automatically analyzes these violations across locations with regard to State and Local Government, age groups and type of violation; it also exhibits trends and gaps. Their reports can be found at http://www.lawyersalertng.org/res.php

The report shows that with regard to PLWH, the Abuja Municipal Area Council in the FCT reports the highest number of incidents, followed by Karu local government area in Nasarawa state. Akure East in Ondo State, Awka North in Anambra State, Ibadan South East in Oyo State, Kebbi in Kebbi State, Kwande in BenueState and Lagos Mainland in Lagos State all show the same violation rate.

 

From the report, Emotional Abuse shows the highest rate of violation with 20% followed by Verbal Abuse with 17%,Economic Abuse, Freedom to Associate and Housing have  8% each. While Employment and Physical Abuse have 6%.Confidentiality Breach, Blackmailing and Institute of Learning have 4% each followed by the least rate of violations which are Personal Security, Forced Detention, Harassment, Medical Test and Child Custody having 3% each.

VIOLATIONS JULY 2017 APRIL 2019 INCREASE DECREASE
Emotional Abuse 20% 20%
Verbal Abuse 16% 17% 1%
Economic Abuse 4% 8% 4%
Freedom to Associate 6% 8% 2%
Housing 8% 8%
Employment 4% 6% 2%
Physical Abuse 2% 6% 4%
Confidentiality Breach 6% 4% 2%
Blackmailing 4% 4%
Institute of Learning 6% 4% 2%
Personal Security 2% 3% 1%
Forced Detention 2% 3% 1%
Harassment 4% 3% 1%
Medical Test 4% 3% 1%
Child Custody 4% 3% 1%

Table. Showing Percentage increase and decrease of PLWH – Violations in the last two years.

From the table above we can see the increase and decrease of the reportage of various violations of People living with HIV. It is very important that every one wakes up and begin to respect each other’s Sexual and Reproductive Health Rights and report violations where they occur.

 

 

 

 

 

 

 

 

 

 

 

 

 

[1] https://www.webmd.com/hiv-aids/understanding-aids-hiv-basics#1

[2] https://reliefweb.int/report/nigeria/new-survey-results-indicate-nigeria-has-hiv-prevalence-14

 

 

Hwande Richard was a Legal Officer working with Lawyers Alert

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tags: , , ,

Mr. X Terminated On Grounds Of His Hiv Status Gets The Fruit Of His Victory

mrx

Dear Colleagues and folks,

Recall the National Industrial Court of Nigeria’s Judgement prohibiting employers from coercing existing or prospective employees to undergo HIV testing and that dismissing employees on the basis of their perceived or actual HIV-status is unlawful and discriminatory. Recall also the court awarded monetary damages to the total sum of 4,200,000NGN (11,500USD). This followed a suit by Mr. X. who was dismissed on account of his HIV status. Lawyers Alert filed and prosecuted the matter on his behalf. The judgement can be found here.

Lawyers Alert alongside Mr. X met severally with the employers and their lawyers towards negotiating an agreed judgement sum so as to bar an appeal alongside the expected time the appeal would have been disposed of. An appeal can take several years.

Lawyers Alert is happy to announce that last week, we received an inflow for the judgement sum negotiated at 3,000,000NGN (8,400USD) on behalf of Mr. X. Mr. X. was in our office on Saturday 30th March 2019 to receive from Lawyers Alert a cheque in the total sum of 3,000,000NGN representing the entire judgement sum as paid.

Lawyers Alert acknowledges with deep appreciation Southern Africa Litigation Centre (SALC), and everyone that contributed in one way or another towards justice for Mr. X. and the judgement which prohibits employers from coercing existing or prospective employees to undergo HIV testing and that dismissing employees on the basis of their perceived or actual HIV-status is unlawful and discriminatory.

We acknowledge Southern Africa Litigation Centre (SALC), Enda Sante, Joint United Nations Programme on HIV/AIDS (UNAIDS) Nigeria, AIDS Health Foundation (AHF), National Agency for the Control of AIDS, United Nations Development Programme, International Labour Organization (ILO), Coalition of Lawyers for Human Rights (COLaHR), Network of Persons Living With HIV/AIDS in Nigeria (NEPWHAN), Nigeria Network of Religious Leaders Living with or Personally Affected by HIV/AIDS (NINERELA+), Association of Positive youth living with HIV/AIDS in Nigeria (APYIN), Society of Women and Children Living With HIV/AIDS in Nigeria (SOWCHAN), Association of Women Living With HIV/AIDS (ASWHAN) in Nigeria and other Human Rights Activists.

A picture of Mr. X. collecting his cheque can be found here and a video of his experience can be found here.

Thank you.

 

Tags: , , , , , , , , ,

 
%d bloggers like this: