Judges direct lawyers to file submissions in HIV/AIDS law case

Jun 14, 2022

The CSOs HIV law advocates have challenged the impugned HIV Prevention and Control Act ever since it was passed in 2014.

(L-R ) Caleb Ahabwe, Ethics Salome Atim and Immaculate Owomugisha interacting after addressing a press conference at Uganda Museum /. Photo by Violet Nabatanzi

By Violet Nabatanzi and Juliet Waiswa
Journalists @New Vision

The court has directed lawyers to file submissions in a case in which Civil Society Organizations (CSOs) are seeking amendments in the HIV/AIDs law on grounds that it is unfair to persons living with the virus.

The Constitutional Court panel led by Deputy Chief Justice Richard Buteera on Monday (June 14)  ordered the parties to file submissions within seven days.

Other justices on the panel include, Stephen Musota, Irene Mulyagonga, Muzamiru Kibeedi and Monica Mugenyi.

The Attorney General, who is the main legal representative of Government, had filed their response to the matter on Monday and the civil society lawyers never had time to file a rejoinder to their statements.

In 2016, Uganda Network on Law, Ethics and HIV/AIDs (UGANET), International Community of Women Living with HIV in East Africa (ICWEA) and Prof. Ben Twinomugisha of School of Law, Makerere University, petitioned the court, seeking amendment of some clauses in the HIV/AIDS law.

The CSOs HIV law advocates have challenged the impugned HIV Prevention and Control Act ever since it was passed in 2014.

In their submissions, the CSOs contend that Section 18, 41, 43, and 44 of the Act are unconstitutional for being overbroad, vague, arbitrary, disproportionate, and are in violation of the freedoms and guarantees under the Constitution and established international human rights law and principles.

Addressing journalists at Uganda Museum in Kampala, Caleb Ahabwe, the in-charge of Violence Against Women and Girls Prevention and Sexual and Reproductive Rights at UGANET said the Act puts stringent punishments for HIV, nondisclosure, exposure, and transmission, which is unfair.

“If not addressed by the court, the law will hinder people from accessing HIV-related services and this will have a far reach impact on attaining the global HIV goal of ending AIDS by 2030,” she warned.

The CSOs called upon Judicial officers to be guided by HIV science when adjudicating HIV-related cases, not HIV-criminalizing laws.

“HIV criminal laws should be repealed if we are to sustain the HIV prevention gains,’’ Immaculate Owomugisha head of advocacy and strategic litigation at UGANET said

The CSOs said HIV is a disease like any other, with thousands of children and young people facing the daily fears of living with a disease they were born with, but also with hope the fight against HIV is making huge milestones that could lead to finding a permanent cure and prevent its further spread if the right attitudes at all levels are employed.

In rebuttal, the Attorney General said that the disclosure of HIV results to unspecified individuals is meant to contend the virus which is on the increase in the country.

According to the AG, the legitimate Act is important to protect the rights of health of Ugandans.

Last year in August, HIV Petition no 24 was scheduled for mention after 6 years of waiting.

Comments

No Comment


(adsbygoogle = window.adsbygoogle || []).push({});