Kenya launches its national HIV and AIDS tribunal this week (6 July) to stop stigma and discrimination experienced by people living with HIV.
It is hoped the tribunal will help tackle HIV in the country by reducing the stigma surrounding HIV so that people are more able to access prevention, treatment, care and support.
For nearly 26 years, since the detection of the first case of HIV in Kenya, combating HIV has been a challenge. The stigma and discrimination faced by people both affected and infected by HIV has swallowed many lives.
The story is no different across the rest of the world where HIV positive people face daily stigma and discrimination. Some lose their jobs, others are ostracized from and by their communities and denied access to the services necessary for the realization of their human rights. The majority lack inadequate access to care and treatment.
“A large vacuum has existed in the protection of the rights of persons infected or affected by HIV and AIDS. There are instances when the fundamental rights and freedoms of both persons have been contravened without any recourse for remedy,” said the Minister of State for Special Programmes, Esther Murugi.
Gender based violence
In many instances, HIV stigma ends up breeding gender based violence (GBV) in marriages and other relationships. It can also lead to unfair dismissal by employers, who grapple with the idea of spending more money on supporting affected employees, and can also lead to discrimination by insurance companies who fear spending money on HIV positive persons.
The blame game - when one partner blames the other for their HIV status - is a common occurrence and lead to GBV. Women, many of whom learn their HIV status when pregnant as a result of attending an antenatal clinic, are more likely to be the blamed partner and face GBV as a result .
Under Kenya’s new constitution, the Bill of Rights protects every person regardless of race, color, sex and health. It also provides every person with a right to good health. Thus the inauguration of the the HIV and AIDS tribunal should provide a great remedy to those who have been stigmatized or chased away from the community for being HIV positive. Furthermore, if these fundamental rights are adhered to, HIV prevalence in the country will gradually decrease.
Maternal mortality rate to descend
It is expected that new infections, maternal and mortality rates will decline as stigmatization decreases. This is because people liviing with HIV, particularly women and children, who currently feel unable to access prevention, treatment, care and support due to stigma will be able to do so more easily.
Effective prevention of mother to child transmission of HIV during pregnancy, at birth or in breast feeding will enable HIV positive pregnant women to give birth to and nurture HIV negative newborns, and lead a healthy adult life.
With these changes it is hoped Millennium Development Goals 1, 2 and 3 will be achieved by 2015, four years from now.
According to Professor Alloys Orago, Director of the National AIDS Control Council, the major route to new infection remains sexual contact. Although the burden to prevent infection disproportionately lies with women and girls they are not fully empowered and supported to do so.
“There is need for recognition and promotion of the sexual and reproductive health rights of women and empowerment of the girl child to enable them participate in the decision making processes of their sexuality,” says Orago.
Sustaining regular access to sexual and reproductive health services without discrimination remains a challenge the government and stakeholders need to deal with immediately, he adds.
Although the number of new HIV infections in the country has decreased from 200,000 in 2000 to 122,000 in 2010, up to half of Kenya’s population does not know their status. This equates to just under 2 million people risking their life to HIV.
Many are afraid to test for HIV due to unfriendly Voluntary Counseling and Testing (VCT) centers. Others fail to visit VCT centres for fear that disclosing an HIV positive status will cause them to be stigmatized by relatives or isolated from their community.
“Only 10 percent of Kenyan health facilities with HIV testing systems offer youth friendly services. Half of the stand alone VCTs meant for this group, and only 21 percent of hospitals and 4 percent clinics, offer friendly services to this group,” Orago adds.
These issues and many more will be addressed by the new tribunal in order to help combat HIV in Kenya. The tribunal should also help achieve universal access targets for the general population as well as key affected populations.
Thus, it is hoped the tribunal will be able to resolve stigma associated issues and those that touch on the rights of people living with HIV, including discrimination within the home and the workplace. It is also hoped it will provide more equity in service provision and access for people living with HIV.