Just spotted this article on the Jurist, School of Law site about a special tribunal opening up in Kenya to support HIV related issues, and wanted to know your take on the news. We are mixed about this in the office, while we think it’s great that HIV related cases such as stigma, discrimination and violence against women, are being tackled with urgency, we are weary about the fact that by separating it from regular courts, you are defining legal issues related to HIV/AIDS as different from other legal issues, which may in fact maintain the stigma/discrimination attached.
But are we just being cynical here? Is this in fact a great step in ensuring that HIV/AIDS related issues are fairly represented in court? Drop us a comment below…
Friday, January 22, 2010
Kenya forming special tribunal to hear HIV-related legal issues
David Manes at 8:25 AM ET
Kenyan officials on Thursday announced the creation of a special tribunal to hear legal claims dealing with HIV, including discrimination and medical confidentiality cases. The tribunal will have the legal standing and powers of a subordinate court, and will be under the office of the Attorney General. Earlier this month, Kenya’s National Aids Control Council unveiled Part III of the Kenya National AIDS Strategic Plan, which outlines the government’s plans to fight the HIV epidemic in Kenya. Ambrose Rachier, the tribunal chairperson, commented on the situation and the need for a specialized legal authority:
“Nobody can pretend that there haven’t been cases of violations and abuse of people living with HIV. When an HIV-positive woman is chased from home, either by in-laws or the husband, you have a serious case of human rights abuse.”
Kenya’s Parliamentary Select Committee (PSC) decided Wednesday not to grant women equal marriage rights in the country’s new constitution, which was unveiled in draft form in November. The PSC, which is composed of members of parliament, will make important decisions in the next week as it continues to draft constitutional language, including whether the country will have a presidential or parliamentary system. In October, former UN secretary-general Kofi Annan
called for constitutional reform in Kenya before the next electoral cycle begins in 15 months. In 2007, tens of thousands of protesters took to Kenya’s streets accusing President Mwai Kibaki of election fraud after early opinion polls suggested rival Raila Odinga was in the lead.
http://jurist.law.pitt.edu/paperchase/2010/01/kenya-forming-special-tribunal-to-hear.php
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