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Tag Archives: Persons living with HIV and AIDS

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

By Blessing Mase

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

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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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COURTESY VISIT BY THE HOPE SISTERS AGAINST HIV/AIDS, STIGMA AND DISCRIMINATION INITIATIVE

On the 29th day of August, 2018, the Hope Sisters Against HIV/AIDS, Stigma and Discrimination Initiative, a Women-Led Grassroot Civic Group in Makurdi, Benue State paid a Courtesy Visit to Lawyers Alert Head Office in order to identify with the LA and strengthen the existing working relationship between both Organizations.

 

The group was led Miss. Maria Okwoli, the Executive Director, she was received by Mr. Lazarus M. Ahangba, the Programs Manager of the Head Office. In her address, Miss. Okwoli prays LA for their assistance and support to the members of their group since the partnership started a few months ago. She said the visit was necessary owing to changes within the Organization especially at the leadership level. As a key partner and stakeholder to the Organization it becomes pertinent to formally visit and intimate the Organization of the changes that had occurred within the period. She went ahead to create the indulgence of LA to continue with the support it has always given to the group even with this new leadership that they look forward to a harmonious relationship with LA going forward.

In response, Mr. Lazarus, thanked the group for their visit and expressed delight over the group commitment to course of Women Human Rights especially those of the most vulnerable which they represent. He promised LA will continue to work and partner with the group particularly in areas of mutual interests. Furthermore, he told the group that the offer to build the capacity of its members on Monitoring/Documentation of Human Rights Violations, Gender Based Violence and Sexual and Reproductive Health Rights is still open and they can liaise with the appropriate officers in charge of those areas.

In addition, R.A. Hwande Esq, mentioned the efforts of LA in providing pro bono services to vulnerable women and how they can also explore same. He went ahead to give examples of past and recent incidences LA had offered pro bono to some members of their group in conflict with the law.

After this, the meeting came to an end with a vote of thanks by Miss. Okwoli. She thanked LA for finding time to host them and look forward to a better working relationship. Shortly after this, a group photograph was taken.

 

 
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Posted by on August 31, 2018 in HIV/AIDS & HUMAN RIGHTS

 

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HIV and AIDS, Ethics, Human Rights and the Law

Lawyers’ Alert work in HIV and AIDS is restricted to principally two thematic areas, Human Rights Education and Rights Enforcement through litigation/Advocacy. Secondly massive education and capacity building on Preventing Mother To Child Transmission, PMTC.  We believe successfully preventing and eliminating Mother to Child Transmission will be a key step in wiping out new infections and ultimately end AIDS.

Our involvement began in 2003, when Lawyers Alert organised a workshop in Benue State on HIV and AIDS in relation to Human Rights. The theme of the workshop was “HIV and AIDS, Ethics, Human Rights and the Law”. The workshop was for Persons living with HIV and AIDS, NGO’s and Policy makers with the support of the British Council. The workshop sought to explore positive living against the backdrop of the law and human rights in Nigeria, using Benue State as a case study.

 

Following the workshop it was established by participants that there indeed exist a lot of human rights violations by the state and non state actors in principally the rights to health, education and employment with regard to especially women and children.

 

Following this cardinal finding by participants, in 2004, Lawyers Alert carried out a situation analysis on HIV and the Law in Benue wherein we published  booklet titled “HIV and AIDS: A Legal Framework” where we explored the relationship between Human Rights and the treatment of persons living with AIDS.   This book is the product of engagement with the community of persons living positively and legal institutions. It became crystal clear that while Government has beautiful and well laid out plans in States Strategies, political will often do not match the strategy papers.

Owing to frustrations of non implementation of strategy documents, Lawyers Alert alongside the Community of person+ explored the idea of creation of obligations on the state and private hospitals, schools and industries with regard to women and children so this can be enforced.  Only a law can achieve this, and this has been the struggle since 2005, to have a Non Discrimination Law passed by the State that will regulate and create obligations on routine testing of pregnant mothers, early infant diagnosis, adequate Medicare for mothers and children living with AIDS, access to education and non discrimination at workplaces, etc.

Legislation in these areas will go a long way in preventing mother to Child transmission, eliminate discrimination, enhance access to education, and guarantee employment for women.

Lawyers Alert has continuously partnered the then State Action Committee on AIDS on issues bothering on human rights and the law regarding HIV and AIDS. We specifically drafted the Bill transforming the State Committee to an Agency so as to make it more effective. The Bill has since been passed into law. Over the years we have effectively participated in the drafting of State strategic Plans for the Agency inclusive of other activities.

Lawyers Alert has represented over 100 person+ in efforts at enforcing or protecting their rights to accommodations, uninformed testing, workplace discriminations etc. We have carried out over 12 workshops, in building capacity and creating awareness on rights of person+ in Benue, Nassarawa and Plateau States.

Regarding PMTC, we are involved in mass community education in changing values especially with regard to Gender. Gender empowerment and elimination of stigma is key to effective PMTC. When the rights of women are respected by elimination of violence, disinheritance, access to education created and jobs provided, with fewer stigmas and discrimination, PMTC will succeed.

We have carried out efforts in these regard through awareness creation/capacity building and community theatre in especially between 2008 to date.

All Lawyers Alert programs have the above main streamed into it.

Lawyers Alert is presently in the process of developing tools to measure the impact of our work in Benue, Nassarawa and Plateau States in the sphere of HIV and AIDs/ Human Rights.

 

 
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Posted by on August 28, 2012 in HIV/AIDS & HUMAN RIGHTS

 

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