National
Rights body opposes mandatory HIV testing
Publish Date: Feb 28, 2013
Rights body opposes mandatory HIV testing
HIV/AIDS logo
  • mail
  • img
newvision

By Joyce Namutebi  
             
Uganda Human Rights Commission has opposed mandatory HIV testing as envisaged in the HIV and AIDS Prevention and Control Bill that is before Parliament.


The commission also rejected a provision on criminalization of attempted and intentional transmission of the virus as well as a provision that permits medical practitioners to disclose HIV positive test results to a sexual partner without consent of the tested person.

These and other views were presented to the joint meeting of the committee of health and the committee on HIV/AIDS by Commissioner Katebarirwe Amooti, who represented the chairperson, Medi Kagwa.

The Bill provides for routine HIV testing of victims of sexual offences, pregnant women and their partners, but the commission is of the view that the provision does not specifically state as to whether their consent is necessary, suggesting that testing would be mandatory.

The Bill also provides for testing of those convicted of drug abuse, those charged with sexual offences and those convicted of offences involving prostitution.

"International standards require HIV/AIDS testing to be confidential, accompanied by counseling and to be conducted with voluntary and informed consent. Mandatory testing without consent, counseling and confidentiality violate the right to equality and non-discrimination and could harm the victims of sexual crimes and expose women to risk of domestic violence and abandonment," Amooti said.

He added that mandatory testing of drug users and sex workers will discourage them from seeking treatment and care. UHRC, he said, recommends that the Bill be amended to remove provisions relating to mandatory HIV testing.

The Bill permits a medical practitioner to notify the sexual partner of a person who tests HIV positive where he or she reasonably believes that the HIV positive person poses a risk of HIV transmission to his or her partner and the HIV positive person has been given reasonable opportunity to inform his or her partner(s) of his or her positive status and fails.

This provision, according to UHRC, does not provide for counseling, among others. "Mandatory disclosure obligations run the risk of deterring people especially women from getting tested. Where due caution is not exercised, informing a woman's partner of her HIV status may expose her to the risk of violence, eviction, disinheritance, loss of their children and other severe abuses." The commission recommended that this provision on disclosure be deleted.

The commission is also of the view that criminalizing of HIV transmission is generally regarded as an ineffective and counter- productive approach to combating HIV/AIDS and recommended that criminalization be limited to cases of intentional transmission which results in actual transmission of the disease.

Amooti also pointed out that the Bill does not provide for access to legal aid services for persons living with HIV/AIDS, which is fundamental in the promotion and protection of the rights of persons living with the disease.

The MPs said they would study the proposals further and reach consensus with UHRC.
    
    

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Hearing of Kalyegira’s defamation case resumes
The case in which Timothy Kalyegira, a former Daily Monitor Journalist, is charged with defaming President Yoweri Kaguta Museveni has resumed at City Hall in Kampala....
Local journalist jailed over criminal trespass
City Hall Court last Friday convicted and sentenced a Freelance Journalist to two-month imprisonment over criminal trespass for trying to present a petition to the Speaker of Parliament, Rebecca Kadaga over police brutality on journalists....
Passenger dies in Kyengera accident
One passenger died on the spot and several others were injured when a Kampala city centre bound taxi went off road and dived into a swamp, killing one passenger on the spot and injuring several others....
Four Ugandan MPs vie for EALA Speaker job
Four Uganda’s representatives to the East African Legislative Assembly (EALA) have picked nomination forms to vie for the post of speaker for the assembly....
Cancer of the eye has made life hell for Mayuge girl
A SEVEN- YEAR-OLD girl in Mayuge district is going through indescribable pain due to an abnormal growth on her eye....
Three Ugandans shot dead in Bor Market, one injured
Three Ugandans were shot dead and another injured by an errant police man in the hitherto flash point town of Bor in Jonglei State, South Sudan. The victims – two men and a woman – were allegedly shot dead by a police officer who opened fire in Bor’s Marol Market on Wednesday last week, drawing th...
What is causing the rise in Early child marriages?
Decaying social structures
Poor Education
None of the above
follow us
subscribe to our news letter