Laws and policies prohibit women from equal access to land, property, and housing. Economic and social discrimination results in fewer and poorer life choices for women rendering them vulnerable to trafficking

Gender issues related to HIV/AIDS includes

  1. the impact of women‘s poverty on vulnerability disease and access tohealth care
    • Low educational status of women and its impact on health
    • Impact of lack of access to accurate health information by men and women
    • The impact on the health of women of a culture of male dominance
    • The effect of male dominance in sexual relationships on a woman‘s ability toprotect her body and health e.g. negotiation of condom use
    • Pregnancy and breast feeding risks
    • Health consequences of men/women being forced to seek work outside the vicinity of their home.

HIV/AIDS AND HUMAN RIGHTS

A poor respect for human rights increases the prevalence and worsens theimpact of HIV/AIDS.The spread of HIV/AIDS also undermines progress in the realization of humanrights, as the pandemic places strain on the resources of the country.The main human right issue for people living with HIV and AIDS isdiscrimination by members of the society.

What are the various forms of discrimination against People Living withHIV/AIDS (PLWHA) and People Affected by AIDS (PABA)?

1. Desertion by spouses, friends and other family members;

2. Refusal to offer treatment by medical personnel to such people;

3. Denial or removal from such persons any treatment or medication or anysupport or enabling facility including accommodation for their functioning in thesociety;

4. Failure to remove, eliminate or ameliorate any obstacle that unfairly limits orrestricts such persons from enjoying equal opportunities or failing to take stepsto accommodate the needs of such persons.

5. Refusal to admit into school or not allowing them to continue in an educationalinstitution;

6. Denial of access to and use of religious or worship areas and services;

7. Denial of access to and use of communal places

8. Denial of access to credits, loans and insurance services so long as the personshave disclosed, where required, in utmost good faith, their status to theinsurance company or financial institution;

9. Depriving such persons of the right to an elected or appointed public office oradmission to a public function.

ANTI HIV/AIDS DISCRIMINATION ACT, 2014

• Denying or removing from a person any treatment, medication or support.

• Refusal to offer treatment to a person by a qualified medical personnel.

• Failure to remove, eliminate or prevent any obstacle that unfairly restrictspeople from enjoying equal opportunity.

• Refusal to admit to school or not allowing them to continue in an educationalinstitution.

• Denial of access to and use of religious or worship areas, communal places orother social facilities.

• Depriving such persons of the right to an elected or appointed public or privateplace.

• Denial of access to credit, loans and insurance as long as the person asdisclosed, where required, in good faith, their status.

• Prohibiting such persons from marrying, provided informed consent isobtained in a right frame of mind.

• No pre-conditional HIV testing: no employer, institution, body or individual shallrequire an HIV test as a precondition to an offer of employment, access topublic or private services, except when certification is provided by at least twocompetent authorities working independently that failure to take such a testconstitutes a clear and present danger of HIV transmission to others or in thecase of anonymous research.

• Informed consent before testing: HIV testing must be taken with the informedand full consent of the person concerned and in accordance with nationalguidelines on HIV counselling and testing.

• Pre and post-test counselling: where any institution is required to providetesting, it has to be in compliance with the National HIV counseling andtesting guidelines, including provision of pre and posttest counselling.

• Confidentiality: where a person voluntarily chooses to disclose his or herstatus to the employer, employees or other relevant bodies, this informationshall not be disclosed to other persons without the written consent of theperson making such a disclosure.

HIV/AIDS RELATED HUMAN RIGHTS

  1. The right to life and right to the highest attainable standard ofmental and physical health
  2. The right to liberty and security of persons
  3. The right to freedom of association
  4. The right to non-discrimination, equalprotection and equality before the law
  5. The right to freely receive and impart information
  6. The right to equal access to education
  7. The right to marry and found a family
  8. The right to privacy
  9. The right to freedom of movement
  10. The right to freedom of expression and opinion
  11. The right to be free from torture and other cruel,inhuman or degrading treatment or punishment
  12. The right to work

The right to seek and enjoy asylum