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The User Fee Charge and Its Implication on Persons Living with HIV and AIDS

By Blessing Mase

The-Number-Of-People-Living-With-HIVAIDS-In-Akwa-Ibom-Will-Shock-You-»-Naijaloaded

According to a “U.S –Supported Nigeria HIV/AIDS Indicator and Impact Survey,” about 1.9 million people are still living with the virus and 80% of them are living below poverty line. As a result of this, they find it difficult to access HIV treatment due to the fact that they are being asked to pay what is called the ‘User Fee.‘

Now, what is user fee charge? User fee charge is seen as money paid to access services in health care center.

Facts about User Fee Charge

Research has been carried out concerning user fee charge which has been a burden to PLWHIV (persons living with HIV and AIDS) and it was discovered that a lot of people pay user fee in other to access the ARV drugs which has and is causing a lot of pain to them as a result of the state of poverty they are in.

Over the years, donors like PERFAR (Presidency Emergency Plan for AIDS Relief)  have been the ones sponsoring these ARV drugs but since there was lack of fund to continue with the funding, PLWHIV are been asked to pay this fee. The fee includes opening of files which cost N200, consultation to see a doctor in which series of test is administered to them like viral load test, CD4 test, Eye test, Liver test. As a result of the multiple test that has to be carried out in other for them to access these drugs, it becomes so difficult for them to pay for the test which will go for as far as N4,000-N5,000, considering the fact that most of these PLWHIA cannot afford three square meal or  even a meal or two  a day. According to Claire Pierangelo, a US Diplomat, such fee constitutes a major barrier to people living with HIV/AIDS.

Another test that got my attention was the “Genotypic Resistant Test.” This test is an antiretroviral resistance test that is used to help select drugs regime that will likely be effective in treating a person with HIV infection The test go as far as N35,000 while other hospitals collect N60,000-N65,000. As a result of these huge amounts placed on this test, it was reported that three persons who could not pay for the test in other to access the drugs died at Nyanya General Hospital.

It has gotten to a point where some doctors now write proposals without the knowledge of the management in other to source for fund to help pay for these test in other not to stain their reputation. It is a way to help save lives of these persons living with the virus. Some of them are orphans, unemployed youths and parents who can’t afford the money.

Way Forward

The government needs to ensure that the user fee imposed of PLWHIA is removed. The Government should ensure that the 1% budget that is allocated to health sector for ARV drugs is implemented.

The United States Consular General, Claire Pierangelo has advised that an increase in the funding of antiretroviral drugs would enable these people to leave healthy, productive lives until the day a cure is found.

Reference: https://www.premiumtimesng.com/health/health-news/360312-u-s-diplomat-wants-user-fees-for-people-living-with-hiv-removed.html

CAVEAT

Lawyers Alert hereby puts our readers on notice that this article is based on the writers opinion and do not necessarily represent the views of the organization.

 

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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.

 

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HIV Criminalization Cases Recorded in 72 Countries, Including 49 in the Last Four Years.

By Arasa Network

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HIV criminalization continues: a global review has found that HIV-related arrests, investigations, prosecutions and convictions have ever occurred in at least 72 countries, with recent cases occurring in 49 countries, including 14 in which the law appeared to be applied for the first time.

The HIV Justice Network’s review concerns cases in which either the criminal or similar law is applied to people living with HIV based on HIV-positive status, either via HIV-specific criminal statutes (29 countries), general criminal or similar laws (37 countries), or both (6 countries). Such laws typically criminalize non-disclosure of HIV status to a sexual partner, potential or perceived exposure to HIV, or transmission of HIV.

HIV criminalization “is a pervasive illustration of how state-sponsored stigma and discrimination works against a marginalized group of people with immutable characteristics,” says HIV Justice Network. “As well as being a human rights issue of global concern, HIV criminalization is a barrier to universal access to HIV prevention, testing, treatment and care.”

Between October 2015 and December 2018, at least 913 people living with HIV were arrested, prosecuted, convicted or acquitted in 49 countries. The largest numbers of cases were reported in the Russian Federation (at least 314 cases), Belarus (249), United States (158), Ukraine (29), Canada (27), Zimbabwe (16), Czech Republic (15), United Kingdom (13), France (12) and Taiwan (11).

To estimate where the criminal law appears to be disproportionately applied, the researchers analyzed the number of known recent cases according to the estimated number of diagnosed people living with HIV in a country. They identified 15 criminalization hotspots: countries in which the number of cases was equal to or greater than 0.5 in 10,000 per capita of diagnosed individuals.

  • Belarus (139 in 10,000)
  • Czech Republic (55 in 10,000)
  • New Zealand (10 in 10,000)
  • Canada (4 in 10,000)
  • Sweden (4 in 10,000)
  • Russian Federation (3 in 10,000)
  • Taiwan (3 in 10,000)
  • Ukraine (2 in 10,000)
  • Australia (2 in 10,000)
  • Switzerland (2 in 10,000)
  • England and Wales (1 in 10,000)
  • Kazakhstan (1 in 10,000)
  • United States (1 in 10,000)
  • France (0.8 in 10,000)
  • Italy (0.5 in 10,000)

Their analysis suggests that recent HIV criminalization cases do not reflect the demographics of local epidemics, with the likelihood of prosecution exacerbated by discrimination against marginalized populations on the basis of drug use, ethnicity, gender, gender identity, immigration status, sex work and/or sexuality. Cases in the United States also appear to disproportionately impact people already in the purview of the criminal justice system, such as prisoners, and people living in poverty, including homeless people, with a high number of cases related to ‘HIV exposure’ via biting or spitting during arrest or whilst incarcerated.

Recent reports of increased numbers of cases in sub-Saharan Africa and in Eastern Europe and Central Asia illustrate what advocates have long-feared: that women are more likely to be prosecuted (and less likely to have adequate legal representation), since they are often the first in a relationship to know their status as a result of routine HIV testing during pregnancy, and are less likely to be able to safely disclose their HIV-positive status to their partner due to gendered power inequalities. Women with HIV also face the possibility of being prosecuted for passing HIV on to their child during pregnancy, birth or breastfeeding.

In addition, migrants from high HIV prevalence regions (such as sub-Saharan Africa and eastern Europe) appear to be disproportionately prosecuted in Canada, northern and western Europe and Australasia, and usually have limited access to adequate legal representation. Non-citizens are also likely to be deported to their country of origin after serving their sentence even if they have family ties in their adopted country.

HIV-specific laws continue to exist in at least 75 countries, including many countries in sub-Saharan Africa (29 countries) and eastern Europe and Central Asia (18).

Advocacy Success

Nonetheless, during the period covered by the report, promising developments in case law, law reform and policy have occurred, most often as a direct result of advocacy from individuals and organizations working to end the inappropriate use of the criminal law to regulate and punish people living with HIV.

HIV-specific laws have been repealed in Victoria, Australia and in the Democratic Republic of Congo. The latter decision followed eight years of effective civil society lobbying and nurturing of supportive parliamentarians.

There have been promising developments in case law, law reform and policy, most often as a direct result of advocacy.

Laws have been modernized in seven jurisdictions. For example, Belarus’ law previously made exposure of HIV a crime, regardless of disclosure of HIV status, condom use or whether the sexual partner wanted the prosecution to take place. As a result of advocacy by the community organization People PLUS, the government announced in December 2018 that a person with HIV will no longer be held criminally liable for HIV exposure or transmission if they disclose their HIV-positive status and their partner consents.

The US state of Colorado used to hand out longer sentences to individuals convicted of sex work, solicitation of a sex work or rape, if that person had been diagnosed with HIV at the time of the offence. Following several years of researching, consulting, organising, lobbying and negotiating by a coalition of campaigners, these laws were changed in 2016. The sex work provisions were removed, while the tougher sentences for HIV-positive individuals convicted of rape were somewhat lessened.

Other jurisdictions modernizing their laws in recent years are Switzerland, Norway, California, Michigan and North Carolina.

Several proposed laws have been withdrawn. In Malawi, a proposed law was initially welcomed by feminists, but perceptions of the law’s impact changed after consultations between legal activists and grassroots networks of women living with HIV, examining the legislation in detail. As it became clear to local women how the vague provisions on ‘willful transmission’ could play out in their lives, they decided to take up advocacy against it and the parliament withdrew that part of the law.

International activists facilitated the development of Mexican network of 44 civil society organizations (La Red Mexicana), which has had several successes, including the withdrawal of proposed laws in three Mexican states and the country’s supreme court declaring a law in Veracruz to be unconstitutional. A proposed law has also been withdrawn in Brazil and a Kenyan statute ruled to be unconstitutional.

In addition, precedent-setting cases in Finland, Germany, Greece, Italy, Sweden and Morocco have the potential to limit the overly broad application of the law through the recognition of up-to-date HIV-related science on the real risks of transmission.

Reference

Cameron S & Bernard EJ. Advancing HIV Justice 3: Growing the global movement against HIV criminalisation. HIV Justice Network, Amsterdam, May 2019. (Report).

 

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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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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.

 

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USER FEE CHARGE: A HINDRANCE TO HIV CONTROL IN NIGERIA

Ayomide Joshua

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Over the years, a lot have been done to exterminate or reduce the spread of HIV to the barest minimum. Many drugs have been invented to treat HIV. One drug that immediately comes to mind is the anti-retro viral (ARV). The ARV has been known to be very effective in HIV treatment as constant dosage reduces the viral load to zero. What this means is that any person living with HIV who is constantly taking the ARV will continue to enjoy sound health for as long as he keeps taking the drug. Another drug that has been found to be effective is one which injection a person takes once in a year. As the HIV positive person keeps taking this injection yearly, he keeps enjoying sound health. The injection reduces the viral load in his/her body system to zero level. However, this injection is very expensive and not very much available like the ARV.

STRATEGY FOR HIV CONTROL

Prior to the invention of the ARV, especially in the 80s and 90s, the world witnessed rapid spread of HIV infections and many people died of AIDS.  During these periods, some drugs were invented which were helpful in the treatment of HIV but they were expensive and only few people afford to pay for them. As a result, the condition of majority HIV positive persons who could not afford those drugs worsened from HIV infection to full blown AIDS, leading to their eventual death. Worried by this development, the United Nations came up with two strategies for HIV response and control.The strategies are;

  1. The ARV should be made available everywhere;
  2. The ARV should be free so that every person living with HIV should obtain the drug regularly.

No doubt, these strategies have gone a long way in helping to treat and contain the spread of HIV. A front liner in the campaign for the right and welfare of persons living with HIV/AIDS once testified: “I am a living testimony to the effectiveness of the ARV. I have been taking the ARV for over 13years and I have been enjoying sound health.”

Currently, statistics shows that 63.9 million persons are living with HIV/AIDS in the world while 3.1 million persons are living with HIV/AIDS in Nigeria and of the 3.1 million persons, 28% of them are children.

 

ACCESS TO HIV TREATMENT AND THE USER FEE CHARGE

The strategies for HIV control has been effective in Nigeria. For instance, the ARV are very much available in our health institutions and PLWHIV are accessing the drug. However, there are many people living with HIV who are finding it difficult to obtain ARV regularly due to the fact that they are being compelled to pay user fee before they can obtain it.

“User fee” means an amount that a person living with HIV is asked to pay before accessing HIV treatment. Towards the end of December 2018, a large number of persons living with HIV trooped out with various banners and posters to protest against the user fee charge. One of them who was interviewed by a journalist said that the user fee that is imposed by public health institutions was worsening his condition of health. He said each time he went to the public health institution where he normally obtain ARV, they would ask him to pay N1, 000 and sometimes N500 before giving him the ARV. He said further that anytime he didn’t have money to pay for the treatment, they will not give him the ARV. And once there is no ARV for him to take, his condition of health would start deteriorating. While they kept demonstrating against the user fee charge, the person living with HIV appealed to the government to remove the user fee charge so that they could have access to HIV treatment and enjoy sound health.

REMOVING HINDRANCE TO HIV CONTROL

The fact is, if we are going to make any head way in our national HIV response, we must remove anything that will act as a cog in the wheel of our progress

In Nigeria, we are very good at shooting ourselves in the foot or working agent our self. We always want to make things difficult for ourselves. HIV treatment have been made available for fee, yet our public health institutions have made user free mandatory for persons living with HIV to pay before obtaining the drugs.

Whatever may be the reason for introducing the user fee, the fact is that persons living with HIV are finding it difficult to access HIV treatment. Even the little amount of N500 and/or N1,000 they are been asked to pay before accessing treatment, are amounts which persons living with HIV/AIDS find it difficult to pay.

If persons living with HIV/AIDS cannot access treatment because of the user fee, how then will we be able to achieve our goal of controlling HIV infection come 2020? Obviously the user fee charge is a hindrance to our national HIVresponse. If we are really serious about controlling the spread of HIV infection, we should not hesitate to remove the user fee charge.

WAY FORWARD

Lawyers Alert is therefore appealing to the Federal Government, the 36 States Government, the Federal Capital Territory, Abuja, the NACA (National Agency for the Control of AIDS), the SACA (States Governments for the Control of AIDS),Ministries of Health and other relevant agencies and institutions to expedite action to remove the user fee charge so that persons living with HIV can access treatment and enjoy sound health. It is when this is done that we can hope to achieve our goal of controlling HIV infection come 2020.

 

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Employers of labour must comply with HIV/AIDS non discrimination Act

HIV-AIDS.jpg

A Civil Society Organisation in Nigeria, Lawyers Alert has insisted that employers of labour in the public and private sector must comply with the HIV/AIDS non discrimination Act to protect workers who that are infected with Acquired immunodeficiency syndrome (AIDS), a chronic, potentially life-threatening condition caused by the human immunodeficiency virus (HIV).

The President of Lawyers Alert, Mr Rommy Mom told Daily Trust that the HIV/AIDS non discrimination Act that was passed into law in Nigeria five years ago was not implemented and that his organization has dragged the Minister of Justice and Attorney General of the Federation, Abubakar Malami to court to demand full implementation and total adherence to the law.

He said the HIV/AIDS non discrimination Act mandates the Attorney General of the Federation to ensure that work places have HIV/AIDS policies to protect workers that are HIV positive.

He said the law was passed in 2014 and that it mandates the AGF to ensure that employers of labour in public and private sector in Nigeria have the policy within three months.

Mr Rommy expressed concern that the law was not implemented five years after and that no policy in work places to protect people living with HIV.

He lamented that majority of workers that are HIV positive are facing all forms of discrimination and stigmatization in their places of work.

 

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