Medecins Sans Frontieres – France (MSF) has opposed the applications by parties seeking to join a case challenging the unconstitutional sterilization of four women living with HIV, by way of tubal ligation. Professor Alicia Ely Yamin, the Joint United Nations Programme on HIV & AIDS (UNAIDS), and the National Gender and Equality Commission (NGEC) seek to join the case as amicus curiae (friends of the court). The International Community of Women with HIV– Global (ICW Global); ICW Global Application, and the International Community of Women with HIV – Kenya (ICW Kenya) seek to join as interested parties.
MSF argued that such enjoinment will cause unnecessary delay in the hearing and determination of the petition. They further argue that most of the issues these parties seek to advice the court on have already been extensively addressed in the petition. MSF informed the court that the issues raised in the petition do not concern individual experience, publications or effective HIV control programs that would warrant the joinder of the interested parties
Counsel for Prof Alicia Yamin submitted that her international experience on sexual reproductive health rights would greatly benefit the court in reaching its decision, while counsel for UNAIDS submitted that it will assist with submissions on international standards, legislative instruments and emerging trends in the area. NGEC argued that this case falls within the mandate of the Commission to reduce inequalities and discrimination against all – including women. ICW-K argued that the decision of the court will affect the membership of the organization – who are women living with HIV.
The High Court will on 10 June, 2016 deliver a ruling that will determine these applications.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: @KELINKenya using hashtag #Justice2Health
For more information contact:
Allan Maleche
Executive Director, KELIN
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
4th Floor, Somak Building, Mombasa Road
Tel +254202515790; Cell +254708389870;
Email: amaleche@kelinkenya.org
or
African Gender and Media Initiative
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Telephone: 020-2113093/4
P.O. Box 50429-00200 Nairobi
Website: www.gem.or.ke
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