Lawyers at the seminar for Lawyers on HIV, Human Rights and the Law Picture By: KELIN/Regina Mwanza
“It is important to protect the rights of PLHIV if we are to make any meaningful impact in the fight against HIV and AIDS. For a long time we have been watching this violations happen but we would just keep quiet and shake our heads. This training has been an eye opener for my fellow litigators and me. The provisions of the Constitution and HAPCA are very clear but luck of knowledge on the same prevented us from litigating in the proper and convenient forum. This training has opened doors in terms of litigating and protection of the rights of PLHIV.” These were the words of Charles Matete one of the participants and an advocate from Kakamega County.
Supported by the UNDP, the seminar was organized by KELIN in partnership with The Law Society of Kenya and the National Empowerment Network of People Living with HIV and AIDS in Kenya from 15 to 17 October, 2014 in Kisumu County.
The training drew 20 participants from Kakamega County. The participants were trained on different areas of law to enable them to appreciate their role in promoting the rights-based approach in combating HIV. Some of the topics included: Overview of HIV & Human rights and the relevant provisions of the Kenyan Constitution; Legal and ethical issues relating to HIV, Overview of Palliative Care and Litigating HIV rights and Developing HIV Jurisprudence.
A panel discussion comprising of a PLHIV, and an MSM, was done during the training. The panelists and advocates discussed the challenges faced by PLHIV and key populations in upholding their rights and the hurdles in enforcing the laws.
Ms Elizabeth Chunge, an advocate from Bungoma County at the end of training said, “I have learnt so much on the rights-based approach in dealing with HIV and when offering legal services to PLHIV. For a long time I did not believe that the rights of members of key population were violated and the effects of these violations in the access to health services including protection from HIV. I appreciate KELIN’s efforts and the work they are doing to protect the rights of PLHIV.”
The following were some of the outcomes as a result of the training;
- All 20 lawyers enrolled and joined KELIN’s pool of probono lawyers and pledged to represent clients referred to them by them.
- Advocates felt that based on what they had learnt, the rights of PLHIV were being violated, thus they committed to taking up cases so as to ensure that these rights are no longer violated in their various counties.
- Advocates also agreed that punitive laws hinder the effective delivery of services to PLHIV and those at risk of HIV infection and committed to championing for the amendment of these laws especially those on HIV transmission.
KELIN committed to closely work with the new probono lawyers to ensure the rights of PLHIV and those at high risk of contracting HIV are upheld. The full workshop report will be available on the website in due course.
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very useful information there. kudos