26 March 2009
editorial
Lagos — The recent bill proposed by President Umaru Yar'Adua to the Senate, seeking to make a law that would curb discrimination against people living with Human Immuno Deficiency Virus (HIV) and Acquired Immuno Deficiency Syndrome (AIDS) in the country when passed into law would help check the spread of the virus as well as encourage infected persons to act with dignity in the face of adversity.
The essence of the President's bill is to make a law for the prevention of HIV-based discrimination. In addition, a similar bill is before the House of Representatives entitled "A Bill to Prohibit and Punish Discrimination against Persons Living with HIV/AIDS in Housing, Employment, Social, Educational and Health Services and in all forms of Social-Economic Life and other Connected Matters, 2008."
The second bill, which has gone through second reading, is sponsored by Ms Olajumoke Okoya-Thomas, representing Action Congress (AC) and Lagos Island. In her lead debate, Ms Okoya-Thomas said the "bill seeks to affirm the commitment of the House to enact and adopt the legislative measures to protect the human rights and dignity of HIV infected persons and persons living with AIDS," adding that "because of the ignorance about HIV and prejudice, people living with HIV/AIDS face discrimination in all aspects of their lives, and this discrimination makes it even more difficult for government to reduce the rate of HIV transmission in society."
She cited section 42 of the Nigerian Constitution and noted that it forbids "discrimination on grounds of community affinity, ethnic group, and place of origin, sex, religion or political opinion. Nothing in this section expressly or by implication, forbids discrimination on grounds of health."
The major problems faced by the people living with HIV/ AIDS are discrimination and stigmatization. There have been several reported cases of widespread discrimination against infected persons. They are prevented from travelling abroad, seeking employment, attending school, marrying, associating with other people and even taking Holy Communion in churches.
Logically, alienating them from society, making them feel they have nothing to gain by protecting themselves or others, breeds helplessness, indifference and lack of respect for other people. It is such attitude and conditions that aid the spread of the virus, which experts say could also undermine any efforts to encourage the voluntary behaviour changes that are necessary to prevent the spread of infection. In contrast, policies and laws that reduce the stigma attached to HIV infection and build the self esteem of people with HIV or at risk of infection can create an environment of mutual trust, support, and collaboration that is critical to bringing about and sustaining behaviour change.
It was also the devastating effect that discrimination has exerted on the persons living with it that prompted the Secretary-General of the United Nations (UN), Mr. Ban Ki-moon, at the opening of the XVII International AIDS Conference in Mexico last year to call for bolstered global efforts to tackle HIV/AIDS with emphasis on universal access to HIV prevention, treatment, care and support as well as discrimination and stigmatization.
Mr. Ki-moon also applauded countries, which have put legislation in place to reverse the spread of the infection. "In countries with legal protections in place, those living with the disease have greater access to services, resulting in fewer infections, less demand for anti-retroviral treatment and fewer deaths," Mr. Ki-moon said at the world's largest forum on the pandemic, while adding that discrimination was still widespread.
Contrary to some misconceptions or myths associated with the disease, it is not spread through a handshake, body contact or kissing (except there are laceration). Many people still believe that they may fall ill through casual contact with a person who has HIV or AIDS. This fear constitutes a major obstacle to care and support for people living with HIV/AIDS at home, in the community, and even at established health care facilities.
It is a fact that AIDS, which is caused by HIV, is spread through blood, semen, vaginal secretions, and breast milk. The most common method of transmission is unprotected sexual intercourse with an HIV-positive partner. Other routes include widow inheritance, sexual abuse of children, migration, transfusions of HIV-infected blood or blood products; tissue or organ transplants; use of contaminated needles and syringes (or other skin-piercing equipment); and mother-to-child transmission during pregnancy, birth, or breastfeeding.
HIV is not a death sentence. Infected persons can prolong their lives with adequate treatment and care. If the bill is passed into law, it could be used to establish a protective and supportive framework for people affected by the disease. Therefore, the law would have a role to play in the response to the HIV infection as well as acting as a prelude to curbing and reversing the spread of AIDS by the target date of 2015 as enunciated in the Millennium Development Goals (MDGs).
We urge the lawmakers to give the bills before them accelerated hearing and pass them into law as a measure to curb the spread of the disease.
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