Realising Equality in Access to HIV Treatment for Vulnerable and Marginalised Groups in Africa

Authors

  • Ebenezer Durojaye University of Western Cape

DOI:

https://doi.org/10.17159/1727-3781/2012/v15i1a2465

Keywords:

HIV treatment in Africa, marginalised groups, children, sex-workers, equality

Abstract

This article examines the relevance of the concept of equality in improving access to HIV treatment for vulnerable and marginalised groups in Africa. The article argues that though modest achievements have been made in expanding access to HIV treatment for those in need in Africa, this expansion has concentrated on the general population with little focus on the needs of vulnerable and marginalised groups in society, especially children and sex workers. It further argues that applying the notion of equality to HIV treatment is crucial to alleviating the impact of the epidemic on vulnerable and disadvantaged groups. In conclusion, it is argued that if the aim of realising universal access to treatment for all by 2015 is to be achieved, it is imperative to ensure equal access to HIV treatment for disadvantaged groups such as children and sex workers.

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References

Bibliography

Aristotle Nichomachaen Ethics

Aristotle Nichomachaen Ethics, Book 5 (translated from the original Greek by WD Ross) (Constitution Society Austin, TX 1997)

Biddlecom et al Protecting the Next Generation in Sub-Saharan Africa

Biddlecom AE et al Protecting the Next Generation in Sub-Saharan Africa: Learning from Adolescents to Prevent HIV and Unintended Pregnancies (Alan Guttumacher Institute New York 2007)

Canadian HIV/AIDS Legal Network Sex, Work, Rights

Canadian HIV/AIDS Legal Network Sex, Work, Rights: Changing Canada's Criminal Law to Protect Sex Workers' Health and Human Rights, (Canadian HIV/AIDS Legal Network Ontario 2005)

Cook, Bennard and Fathalla Reproductive Health and Human Rights

Cook R, Bennard M and Fathalla M Reproductive Health and Human Rights: Integrating Medicines, Ethics and Law (Oxford University Press New York 2003)

Cook and Howard 2007 Emory Law Review

Cook R and Howard S "Accommodating Women's Differences under the Women's Anti-discrimination Convention" 2007 Emory Law Review 1040-1090

Durojaye, Okeke and Oluduro 2009 Indian Journal of Human Rights and the Law

Durojaye E, Okeke U and Oluduro O "Sex Work, HIV/AIDS and Sexual Rights in Africa: The Nigerian Experience" 2009 Indian Journal of Human Rights and the Law 13-58

Dworking Taking Rights Seriously

Dworking R Taking Rights Seriously (Harvard University Press Cambridge, Mass 1997)

Fried and Kowalshi-Morton 2008 Health and Human Rights

Fried ST and Kowalshi-Morton S "Sex Work and Global Fund: How Sex workers, Lesbians, Gays, Bisexuals, Trans Gender People and Men who Have Sex with Men are Benefiting from Global Fund or Not" 2008 Health and Human Rights 127-136

Gruskin and Tarantola "Health and Human Rights"

Gruskin S and Tarantola D "Health and Human Rights" in Detels R and Beaglehole R (eds) Oxford Textbook on Public Health (Oxford University Press New York 2001)

Leonen 1997 SAJHR

Leonen T "The equality clause in the South African Constitution: Some remarks from a comparative perspective" 1997 SAJHR 401-429

Mann 1997 Hasting Center Report

Mann J "Medicine and Public Health, Ethics and Human Rights" 1997 The Hasting Center Report 6-13

Moller J ‘Article 7’

Moller J ‘Article 7’ in Asbjom E et al The Universal Declaration on Human Rights: A Commentary (Oxford University Press Oxford 1992)

Munthali et al Adolescent Sexual and Reproductive Health in Malawi

Munthali A et al Adolescent Sexual and Reproductive Health in Malawi: A Synthesis of Research Evidence: Occasional Report 15 (Alan Guttumacher Institute New York 2004)

Ngwena 2000 Medical Law International

Ngwena C "Substantive Equality in South African Health Care: The Limits of Law" 2000 Medical Law International 111-131

Rawls Theory of Justice

Rawls J A Theory of Justice (Harvard University Press Cambridge, Mass 1971)

Ray The Guardian

Ray A 'It's not just violent client who hurts sex workers' The Guardian 15 December 2008 6

Shalev 2000 Health and Human Rights

Shalev C "Rights to Sexual and Reproductive Health: The ICPD and the Convention on the Elimination of All Forms of Discrimination against Women" 2000 Health and Human Rights 36-66

Stover et al 2008 PLoS ONE

Stover J et al "Estimated HIV Trends and Program Effects in Botswana" 2008 PLoS ONE 3:e3729

UNAIDS Progress Report

UNAIDS Progress Report on the Global Response o the HIV/AIDS Epidemic (UNAIDS Geneva 2003)

UNAIDS Guidance Note

UNAIDS Guidance Note on HIV and Sex Work (UNAIDS Geneva 2007)

UNAIDS Handbook for Parliamentarians

UNAIDS Handbook for Parliamentarians: Taking Action against HIV/AIDS (UNAIDS Geneva 2007)

UNAIDS Global AIDS Epidemic Report

UNAIDS Global AIDS Epidemic Report (UNAIDS Geneva 2010)

UNAIDS Country Progress Reports

UNAIDS Country Progress Reports (UNAIDS Geneva 2010)

UNDP, UNFPA, WHO & World Bank Special Programme of Research, Development and Research Training in Human Reproduction Progress in Reproductive Health Research

UNDP, UNFPA, WHO & World Bank Special Programme of Research, Development and Research Training in Human Reproduction Progress in Reproductive Health Research (WHO Geneva 2002)

UNFPA, UNAIDS and Government of Brazil Report of the Global Technical Consultation

UNFPA, UNAIDS and Government of Brazil Report of the Global Technical Consultation on HIV and Sex Work: Rio de Janeiro (UNAIDS Geneva 2006)

United Nations Report on the Progress Made

United Nations Secretary General Report on the Progress Made in the Implementation of the Declaration of Commitment on HIV/AIDS and the Political Declaration on HIV/AIDS (United Nations New York 2010)

VIsser, Markin and Lehboye 2006 Journal of Community& Applied Social Psychology

VIsser MJ, Markin JD and Lehboye K "Stigmatizing Attitudes of the Community towards People Living with HIV/AIDS" 2006 Journal of Community& Applied Social Psychology 42-58

WHO 25 Questions and Answers

World Health Organization 25 Questions and Answers on the Right to Health (WHO Geneva 2002)

WHO Towards Universal Access

World Health Organization Towards Universal Access: Scaling Up Priority HIV/AIDS Intervention in the Health Sector (WHO Geneva 2010)

Register of international agreements

Abuja Declaration on HIV/AIDS, Tuberculosis, Malaria and other Related Diseases (2001)

African Charter on Human and Peoples' Rights (1981)

African Charter on the Rights and Welfare of the Child (1990)

Convention on Elimination of All Forms of Discrimination against Women (1980)

Convention on the Rights of the Child (1989)

International Covenant on Economic, Social and Cultural Rights (1966)

Declaration of Commitment on HIV/AIDS (2001)

Political Declaration on HIV/AIDS (2006)

Protocol of the African Charter on Human and People's Rights on the Rights of Women in Africa (2003)

Register of United Nations documents

Committee on CEDAW Concluding Observations: Armenia

Committee on CEDAW Concluding Observations: Armenia 14/07/97 UN Doc A/52/38/Rev.1, Part II

Committee on CEDAW Concluding Observations: Cameroon

Committee on CEDAW Concluding Observations: Cameroon 26/06/2000 UN Doc A/55/38

Committee on CEDAW Concluding Observations: China

Committee on CEDAW Concluding Observations: China 03/02/99 UN Doc A/54/38

Committee on CEDAW Concluding Observations: Democratic Republic of Congo

Committee on CEDAW Concluding Observations: Democratic Republic of Congo 01/02/2000 UN Doc A/55/38

Committee on CEDAW Concluding Observations: Georgia

Committee on CEDAW Concluding Observations: Georgia 01/07/99 UN Doc. A/54/38

Committee on CEDAW Concluding Observations: Netherlands

Committee on CEDAW Concluding Observations: Netherlands 31/07/01 UN Doc A/56/38 part II

Committee on CEDAW General Recommendation 24

Committee on CEDAW General Recommendation 24 on Women and Health UN GAOR, 1999, Doc A/54/38 Rev 1

Committee on CRC Concluding Observations: Benin

Committee on CRC Concluding Observations: Benin 12/06/99 UN Doc CRC/C/15/Add. 106

Committee on CRC Concluding Observations: Central Africa Republic

Committee on CRC Concluding Observations: Central Africa Republic 16/10/2000 UN Doc CRC/C/15/Add. 138

Committee on CRC Concluding Observations: Ethiopia

Committee on CRC Concluding Observations: Ethiopia 21/02/20001 UN Doc CRC/C/15/Add. 144

Committee on CRC Concluding Observations: Lesotho

Committee on CRC Concluding Observations: Lesotho 21/02/2001 UN Doc CRC/C/15/Add. 147

Committee on CRC Concluding Observations: Nigeria

Committee on CRC Concluding Observations: Nigeria CRC/C/146 adopted at the 1025th meeting

Committee on CRC General Comment 3

Committee on CRC General Comment 3: HIV/AIDS and the Right of the Child CRC/GC/2003/3

Committee on CRC General Comment 4

Committee on CRC General Comment 4: Adolescents Health and Development in the Context of the Convention on the Right of the Child CRC/GC/2003/4

Committee on ESCR Concluding Observations: Dominican Republic

Committee on ESCR Concluding Observations: Dominican Republic 12/12/97 UN Doc E/C.12/1/Add. 56

Committee on ESCR General Comment 14

Committee on ESCR General Comment 14: The Right to the Highest Attainable Standard of Health UN Doc E/C/12/2000/4

Human Rights Committee General Comment 18

Human Rights Committee General Comment 18: Non-Discrimination Clauses of the ICCPR 1989

Register of case law

Eldridge v British Columbia (Attorney-General) 1977 151 DLR (4th)

Legal Resource Foundation v Zambia 2001 AHRLP 84 (ACHPR)

Minister of Health v Treatment Action Campaign 2002 10 BCLR 1033 (CC)

Register of internet sources

Department of Health 2006 www.info.gov.za

Department of Health 2006 HIV/AIDS and STI National Strategic Plan for South Africa 2007-2011 http://www.info.gov.za/otherdocs/2007/aidsplan2007/ [date of use 10 March 2012]

UNICEF 2010 www.unicef.org

United Nations Children's Fund 2010 Blame and Banishment: The Underground HIV Epidemic Affecting Children in Eastern Europe and Central Asia www.unicef.org/serbia/UNICEF_Blame_and_Banishment.pdf [date of use 4 September 2011]

Published

22-05-2017

Issue

Section

Articles

How to Cite

Durojaye, E. (2017). Realising Equality in Access to HIV Treatment for Vulnerable and Marginalised Groups in Africa. Potchefstroom Electronic Law Journal, 15(1), 213-242. https://doi.org/10.17159/1727-3781/2012/v15i1a2465

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