Making Human Rights the Core of the HIV & TB Response- The Kenyan Experience 20 th International AIDS Conference Wednesday, 23rd July, 2014 14:30- 16:00.

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Presentation transcript:

Making Human Rights the Core of the HIV & TB Response- The Kenyan Experience 20 th International AIDS Conference Wednesday, 23rd July, :30- 16:00 hrs Belice A. Odamna Programme Officer- KELIN

Background Legal Framework Interventions Successes Challenges Conclusion Outline

Background In offering Legal services and litigation support to the community of PLHIV and those affected by HIV, KELIN receives cases ranging from breach of confidentiality or disclosure of HIV test without consent, forced/coerced sterilization, discrimination on grounds of HIV status, difficulty in accessing treatment and care, illegal police practices, unlawful dismissal from employment due to because of ones HIV positive status or perceived HIV status etc. Over the years KELIN continues to receive reports of TB patients arrest, being charged in court for failing to take medication and consequently imprisoned.

Legal Framework: The Constitution of Kenya(2010): Article 2 (6) –any treaty or convention ratified by Kenya forms part of Kenyan law Article 10 – national values & principles of governance including human dignity,non- discrimination, social justice, inclusiveness, equality, human rights, non – discrimination & protection of the marginalized Article 27 (4)- equality and non- discrimination Article 43- right to the highest attainable standard of health including reproductive health

Legal framework cont….. Statute HIV & AIDS prevention and control act (2006) Sexual Offences Act (2006) Penal Code Public Health Act – section 27 Several county by- laws

Interventions Court cases to secure release and seek declarations on violations and damages for human rights violations including strategic public interest litigation Legal literacy for all stakeholders – PLHIV, health care workers, law enforcement officers, lawyers and the judiciary Community dialogue forums National advocacy with relevant government departments including ministries of health Strategic and public interest litigation

Successes Understanding amongst stakeholders on the need to respect human rights of PLHIV and the rights based approach to service delivery Positive judgements and rulings (VMK v CUEA- 2013), JAO v Homepark Caterers, YB v Marist Int’nl Brothers & 3 others, release of petitioners in TB case A section of lawyers and judicial officers who understand the complex legal and social issues brought about by HIV

Challenges Litigation successes are not immediate because of the tedious process and are also expensive Change in the law does not necessarily mean a change in attitude therefore the need for stakeholder and community sensitization

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