Friday, August 10, 2012

significant in the context of HIV/AIDS…

Case study may be a good exercise for your group to better understand how HIV and human rights are interrelated.
You may seek examples of case situations and then discuss them within your group to see how and which human rights are
significant in the context of HIV/AIDS…
Here are two sample case studies :
Case : Compulsory testing and discrimination
A 17 year old student has been awarded a scholarship to go
to study law at a university in a foreign country. She is very
excited by this opportunity. She informs her family and her
friends…Two weeks before her date of depar ture she is
advised by her sponsor that the university where she is
going requires that she undergo a medical test at a specified
clinic prior to her departure. At the clinic a number of blood
and urine samples are taken. She is not informed about the
type of tests that are being conducted.
Two days after the medical tests, she r eceives a letter that
her scholarship has been cancelled because she has been
found to be HIV positive and the country where she was to
travel does not grant visas to people living with HIV.
Furthermore, the university she planned to attend does not
enroll students who are HIV positive.
Issues:
• Violation of her right to privacy by:
–compulsory testing for HIV without her consent
–passing on that information to third parties : the country
and the university in question.
Σ•Denial of the right to education on the basis of HIV status
• Violation of the fundamental right to non-discrimination
on the basis of HIV status by the country and the university
in question.
• Violation of the right to freedom of movement by the
Country in question.
2. Case : Right to marry and raise a family
A 21 year old person has just completed his studies and
has proposed marriage to his long time girl friend. She has
accepted. He is HIV+ and she is aware of his HIV status.
According to the tradition in their culture, before such a
wedding can take place, the uncles have to consent.
A month before the wedding, an uncle of the girlfriend who
is a medical doctor informs the girl's family that the boy had
once given a blood donation that was HIV+. The boy thus
can not marry his niece. Both the boy and the girl are
devastated by the fact that her uncle has informed most of
the community about the boy’s HIV status and also that he
has withheld his consent for them to marry.

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