AEGiS-14IAC: Legal and policy framework of HIV/AIDS and human rights response: the Zambian experience.

14th International AIDS Conference


Barcelona, Spain - July 7-12, 2002

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Legal and policy framework of HIV/AIDS and human rights response: the Zambian experience.

Int Conf AIDS 2002 Jul 7-12; 14:(abstract no.. G12563)

Mwondela K, Patterson D
Zambian AIDS-Law Research and Advocacy Network, Lusaka, Zambia

ISSUES: Stigma and unfair discrimination against PWAs are common in Zambia. Mandatory HIV testing, breaches of confidentiality, & dismissal on the ground of seropositivity are also reported. Strongly discriminatory public attitudes are also evident from media reports of calls for stiff punitive laws against PWAs, as well as proposals for the mandatory testing of Presidential candidates in recent national tripartite elections. Few institutions are researching the relevant legal, ethical and human rights issues. There is a need to strengthen institutions responding to the legal, ethical and human rights challenges in Zambia.

DESCRIPTION: A community legal organization has undertaken a review of legislation, which reveals that Zambia has neither AIDS specific laws nor a comprehensive HIV/AIDS human rights policy. The Constitution of Zambia (Bill of Rights, Article 11) outlaws discrimination but does not make reference to discrimination on the basis of infirmity due to illness or physical handicap so as to ensure the protection of PWAs. Neither the Employment Act nor the Industrial and Labour Relations Act expressly protect from discrimination on the ground of infirmity.

ISSUES: The law has a significant role to play in mitigation efforts but further research must be conducted to establish the exact nature of that role in Zambia e.g. the role of the criminal law, public health laws etc. Furthermore, there is a need for PWAs to receive particular assistance with advocacy and litigation. Lastly, HIV/AIDS human rights education programmes are imperative for the sectors responding to the epidemic.

RECOMMENDATIONS: Political and financial support for community organizations undertaking research, advocacy and networking should be increased. The role of the law should be acknowledged as central to the national response.

Keywords: AEGIS, Acquired Immunodeficiency Syndrome, HIV Infections, Human Rights, Public Policy, Mandatory Testing, HIV Seropositivity, Confidentiality, Public Health, Research, Politics, Federal Government, Disabled Persons, Zambia, HumanKWDaegis,acquiredimmunodeficiencysyndrome,hivinfections,humanrights,publicpolicy,mandatorytesting,hivseropositivity,confidentiality,publichealth,research,politics,federalgovernment,disabledpersons,zambia,human

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G12563

Copyright © 2002 - International AIDS Society (IAS). Reproduction of this abstract (other than one copy for personal reference) must be cleared through the IAS.