Making Human Rights the Core of
the HIV & TB Response- The Kenyan
Experience
20th International AIDS Conference
Wednesday, 23rd July, 2014
14:30- 16:00 hrs
Belice A. Odamna
Programme Officer- KELIN
Outline
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Background
Legal Framework
Interventions
Successes
Challenges
Conclusion
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 ,nondiscrimination, 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 CUEA2013) , 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
Thank you
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