AIDS Law Project (ALP) in conjunction with Open Society Foundation (OSF) Access to Essential Medicines Initiative (AEMI) is currently running a fellowship in access to medicines, intellectual property and human rights.
Health Care and Health Services
The right to highest attainable standard of physical and mental health is considered a fundamental right and this includes the right to health care services, including reproductive health care. Article 12 of the URL; international covenant on economic, social and cultural rights Article 43(1) (a) of the Kenyan proposed draft constitution also provides for the same.
Section 19 of the HAPCA makes it mandatory for every health organization, health management organization and medical insurance company to give access to health care for persons with HIV.
The state has the obligation to prevent treat and control epidemics and endemic diseases and to create conditions that would assure medical service and attention in the event of sickness. In order to meet those obligations the state must ensure the provision of information, education and assistance In the context of HIV/AIDS, including access to services for sexually transmitted diseases, means of prevention(such as condoms, clean injecting equipment) and to voluntary and confidential HIV/AIDS testing with pre and post-test counseling in order to enable individuals to protect the health of themselves and others. The state should also ensure a safe blood supply and implementation of ‘universal precautions’ to prevent transmission [Article 20 and 21 of the proposed draft constitution].
Access to adequate treatment and medication, within the overall context of public health conditions and policies, enables people living with HIV/AIDS to live as long and as successfully as possible by special measures, equal access of all groups in society, particularly marginalized groups to prevention, care and treatment services. The state is required to ensure that no one is discriminated against access to healthcare services on the basis of HIV/AIDS status.
FELLOWSHIP IN ACCESS TO MEDICINES, INTELLECTUAL PROPERTY AND HUMAN RIGHTS – 2011 CURRENTLY RUNNING AT AIDS LAW PROJECT (ALP
AIDS LAW PROJECT and Others –JUDICIAL REVIEW. 376 OF 2010 & THE MINISTER OF MEDICAL SERVICES & PHAMACY AND POSIONS BOARD
The matter came up for hearing on the 15th March 2011; this was a mention to confirm whether the parties had agreed to the consent.
Mr. Munge was present for the respondents; Ms. Onyango Oduor was present for KMA , Mr. Omwanza for the interested parties ( CSO’s), Mr. Otieno for the pharmaceutical association, and Mr. Mutinda for the state.
HIV/AIDS prevention and control act (HAPCA) booklet is available online,You can now download it from Aids law project website link.The booklet has been distributed to various human rights partners and to the society.A community radio will be used to educate and pass the information to the public about the act,Aids Law project is to establish networks within radio stations.
Section 24: Aids Law project tried to mobilize different partners to strategize on areas of advocacy i.e. NEPHAK, IPPF (support in international advocacy). The date given for the budgetary fund to be released for the HIV tribunal is the 31st of January. Tess is to find out when the operationalization of the tribunal will be from National Aids control council (NACC).
Taxation (2%) on Anti ARV’s and essential drugs: ALP wants it to stay from operating. An organization has gone to court to seek an injunction
* No opinion
National Hospital Insurance Fund (NHIF) recently announced that they will be increasing the rates of the contributions by about 500 % – 600% along with establishing outpatient coverage. The Central Organization of Trade Unions (COTU) sought to have NHIF restrained from enforcing the new contributions.
Since the start of November 2010, ALP has been distributing Hiv and Aids prevention and control act booklets to various networks. This is to create public awareness on the act and also for the PLHIV’s to know their rights as outlined in the act.
The petitioners moved to court seeking declarations that there fundamental rights under section 70 and 71 of the constitution had been infringed with the implementation of the Anti counterfeit Act, 2008. Aids Law Project was enjoined as an interested party, applied to have section 2,32 and 34 of the Counterfeit Act No. 13 of 2008 to be stayed pending the hearing and determination of the petition. Further there was an application filed to enjoin the anti counterfeit agency as the second respondent and the court grant conservatory orders staying section2,32and 34 of the act
I am a newly graduated nursing student getting ready to sit for the Nursing Board Exams. Do I have to notify the board that I am HIV+? On the application there is a question that asks “In the past 5 years have you been diagnosed or treated for a physical
Ask your doctor to write a short note that you can attach to the application. In the short note on his/her own letterhead, the doc should make one statement:”I have not diagnosed X as having any physical impairment, nor am I treating X for any physical impairment.”
That’s the only way I know to avoid the trap of being accused of lying on an application when a different person or different doc looks at the issue later on.
I have searched everywhere for information on being HIV + and working in the medical field. I am a nurse and have been restricted from doing IV’s, Blood draws, etc. What are the rules?
All health care workers are required to follow infection control practices and these are outlined in Policies of the institution. It does not make a difference if you have HIV, HEP C, etc. you still follow the guidelines that will help to prevent every patient from any potential infection, blood borne or otherwise.