THE CASE OF CIVIL AND POLITICAL RIGHTS CPRs

1
THE CASE OF CIVIL AND POLITICAL RIGHTS (CPRs)

• J. Oloka-Onyango

2
Which rights?

• Right to Life
• Equality and non-discrimination
• Human Dignity
• Privacy and Disclosure
• Access to Information
• Expression, Assembly, Association and
  Participation

3
Right to Life

• Freedom not to die
• Conditions of Life
• Access
• Availability
• Acceptability and
• Quality
• RTL still crucial

4
Equality and non-discrimination

• Affirmative statements
• There shall be equal rights for all people.
  Being at higher risk of HIV infection or
  sero-status shall not be used as grounds for
  decisions that negatively impact on peoples
  livelihood and well being.
• GoU National Policy

5
Equality and non-discrimination contd.

• Tanzania
• HIV infection shall not be grounds for
  discrimination in relation to education,
  employment, health and any other social services.
  Pre-employment screening shall not be required.
  For persons already employed, HIV/AIDS screening,
  whether direct or indirect, shall not be
  required. HIV infection alone does not limit
  fitness to work or provide grounds for
  termination. HIV/AIDS patients shall be entitled
  to the same social welfare benefits like other
  patients among the employees.

6
Equality and non-discrimination contd.

• Most affected include
• Women
• Children
• Older Persons
• Prisoners
• MSM
• Sex workers

7
Equality and non-discrimination contd.

• Anti-discrimination should be integral to legal
  instruments
• Odafe v. AG (2004)
• General impact of discrimination is ve
• How do you name things?

8
Human Dignity

• Image and prejudice
• Midwa v. Midwa 2000 2 EA 453
• Dignity in the workplace

9
Privacy and Disclosure

• Arts.17.1 2
• Violations
• Mandatory testing
• Compulsory registration of suspects
• Mandatory collection of data on suspects
• Disclosure of sero-status
• Making HIV/AIDS notifiable diseases
• Providing test results to 3rd parties, and
• Criminalization

10
Privacy and Disclosure Contd.

• Necessity
• Proportionality
• Legitimacy/legality
• Shared confidentiality
• Disclosure
• Compulsory testing and Routine testing
• Stigma

11
ACCESS TO INFORMATION

• Right to seek, receive and impart info
• Access vs. confidentiality
• Information and knowledge
• Donor influence (who controls info?)
• Censorship

12
Expression Assembly Association and
Participation

• Participation and voice
• Participation and access
• PLWHA, within their capacities and at all
  levels, shall be involved in all matters of
  policy, management and services concerning HIV
  and AIDS, in line with the global principle of
  Greater Involvement of Persons Living with HIV
  and AIDS (GIPA).
• GoU, 2009

13
ENFORCEMENT

• Which institutions?
• Mechanisms for improvement
• Equal Opportunity and minority rights

14
ADVOCACY AND LITIGATION

• Public Interest Litigation
• Victor Mukasa case (2009) breaking the silence
• Access to justice
• Multi-dimensional strategy

15
THE CASE OF THE PINEAPPLE

• A 10 year old boy, had eaten pineapple about 15
  days back, and fell sick, from the day he had
  eaten. Later when he had his Health check done
  doctors diagnosed that he had AIDS. His parents
  couldn't believe it. Then the entire family
  under went a checkup... none of them suffered
  from Aids.. So the doctors checked again with the
  boy if he had eaten out....The boy said 'yes'. He
  had pineapple that evening. Immediately a group
  from the hospital went to the pineapple vendor to
  check. They found the pineapple seller had a cut
  on his finger while cutting the pineapple his
  blood had spread into the fruit. When they had
  his blood checked...the guy was suffering from
  AIDS...but he himself was NOT aware.
  Unfortunately the boy is suffering from it now.
  Please take care while u eat on the road side
  (particularly tasty vadapav Paani Puri) and pls
  fwd this mail to your dear one's.
• PEOPLE PLEASE TAKE CARE!