http://zoa.tigblog.org/ What's on the minds of young leaders from around the globe? en-us http://zoa.tigblog.org/post/638837 Malawi law commission [MLC] has finished drafting the HIV and aids law for the land, if passed by parliament it will be a law in the near. The law has eight sections, which are
1 INSTITUTION BODIES
The National Aids Commission [NAC] and the department of Nutrition were establish by the government to coordinate the fight against HIV and AIDS in Malawi
The proposed law developed by the Malawi Law Commission will establish NAC under statute as a state institution to coordinate and facilitate the national response to HIV and AIDS.
The proposed law shall make sure that NAC enhances government’s commitment since its existence would be strengthened within the government structures
The proposed registration states that NAC would ensure better coordination and liaison between it and other departments of government, including the department of Nutrition, HIV and AIDS.
The proposed registration also states that the department of Nutrition, HIV and AIDS shall be responsible for formulating policies relating to HIV and AIDS its supervision and oversight mandate of the national response to HIV and AIDS.
2 GENDER
The vulnerability of women and girls to HIV and AIDS is aggravated by certain cultural and religious practices.
Such practices do not only violate the dignity of females but are usually practiced without the express consent of women and befall females mainly on the basis of their sex or marital status
The proposed law states that all cultural practices that are perceived to spread HIV infection should be prohibited.
The law intends to uplift the subordinate status of women and children because this impairs their ability to access information on HIV and AIDS and promotes discrimination in all spheres of life.
The law proposes that women and children infected and affected by the HIV and AIDS should know and enjoy their rights.
3 HUMAN RIGHTS
Section 20 of the constitution prohibits discrimination in general on the basis of, among other things, ‘other status’. The words ‘other status’ in encompassing HIV and AIDS as a ground on which discrimination is prohibited with a view to emphasizing the negative consequences of discrimination on people living with HIV and AIDS [PLWHIV]
The new law proposes that PLWHIV and all those infected and affected by the pandemic know and enjoy their rights.
The law proposes that any form of discrimination on the basis that another person is infected with HIV or is suffering from AIDS or is perceived to be infected with HIV or suffering from AIDS shall be illegal
The law proposes states that any person who is infected with HIV or is suffering from AIDS shall have the rights to
- A respectful and humane attitude on the part of society, entailing no humiliation of his right to dignity of his person, physical, integrity, life or health.
- Practice a profession of choice just to mention a few
The law states that a health service provider may disclose information relating to any person’s HIV status where he reasonably believes that it is medically appropriate to..
- Any person he reasonably believes has been or will be exposed to risk of infection in the course of his duties or emergency services or
- The spouse or other sexual partner of the infected person
4 INFORNATION
The MLC proposes that NAC shall be the only accrediting authority of all information on HIV and AIDS disseminated to the public.
As such any information on HIV and AIDS developed by any person other than NAC shall be screened and verified to establish its accuracy before dissemination
The MLC proposes that any person who gives or publishes false or inaccurate concerning HIV and AIDS to any person or the public shall be committing an offence and shall face punishment. This is so because of the tendency by traditional doctors, faith groups, and others who provide false or inaccurate information to HIV infected people and the general public.
5 EMPLOYMENT
The employment sector has been severely affected by the HIV and AIDS epidemic in that there is a decline in the levels human resources in whom heavy financial and material investment has been made.
As such the MLC proposes that no employer shall require any person to undergo HIV testing as a pre-condition for recruitment.
However, pre-employment HIV testing shall be permitted for purposes of assessing fitness for those wishing to serve in the defence force, police, prison and the immigration department
The law also proposes a mandatory testing for purposes of assessing the health status of a domestic worker
MLC also proposes that any person who terminates the employment of an employee only on the grounds that he or she is HIV positive shall be committing an offence punishable by a fine.
6 EDUCATION
People infected with HIV or suffering from AIDS are likely and are actually excluded from participating in education and activities of their choice.
The MLC proposes that no person shall be required to undergo HIV testing as a condition for
- Entry in an education or training institution
- An award of a scholarship, grant, bursary, benefit or other scholarly endowment, or
- Remaining as a student or trainee in any education or training institution
The law also proposes that no education or training institution shall, where there is no risk of infection of others with HIV, refuse admission, expel, segregate, refuse participation in an event or activity or deny any benefits or services to a person only on the grounds that the person is HIV positive or is perceived to be HIV positive.
The MLC proposes that the Minister shall ensure that the materials on HIV and AIDS developed and integrated into the school curriculum are free from all forms of stigmatization against, persons living with HIV and AIDS, not sexually explicit, developed in consultation with associations representing parents and teachers, education officials and interest groups.

7 CRIMINAL LAW.
It is an offence under section 192 of the penal code when any person unlawfully or negligently poses the risk of spreading the infection of any disease dangerous to life.
The MLC is proposing that any person who deliberately infects another person with HIV shall be guilty of an offence and shall be liable to imprisonment.
The commission also proposes that any person who recklessly or negligently infects another person with HIV shall be guilty of an offence and shall be liable to imprisonment.
A person who knows that is HIV positive shall not do an act or omit to do an act, which is likely to transmit or spread HIV infection to another person unless, before the act or omission takes place, the person has been informed of the risk of contracting HIV infection from him or her and has voluntarily agreed to accept that risk.
8 PUBLIC HEALTH
On the modes of HIV testing the MLC proposes that there shall be
- Voluntary counseling and testing
- Routine testing
- Diagnostic testing
- Compulsory testing
- Any other mode of HIV testing that the Minister may prescribe.
The law also proposes that any person who offers to donate blood or any tissue shall, immediately before such donation, undergo HIV testing.
The law also proposes that consent to undergo HIV testing shall be deemed to be given where a person offers to donate any tissue or offers to donate blood.
The MLC is proposing that compulsory testing for HIV infection shall be prohibited but shall be permissible in the following instances under an order of the court for any person who is charged with a sexual offence, for commercial sex workers, for persons intending to enter into polygamous unions, for pregnant women and their sexual partners or spouses and for donors of blood and tissues.

]]> Mon, 13 Apr 2009 11:49:00 EDT http://zoa.tigblog.org/post/638837 -16.0333333 35.5-16.033333335.5 http://zoa.tigblog.org/post/390689 Tue, 17 Jun 2008 03:14:00 EDT http://zoa.tigblog.org/post/390689 -16.0333333 35.5-16.033333335.5 http://zoa.tigblog.org/post/325215 Wed, 23 Jan 2008 01:34:00 EST http://zoa.tigblog.org/post/325215 -16.0333333 35.5-16.033333335.5 http://zoa.tigblog.org/post/73387 Thu, 30 Nov 2006 10:44:00 EST http://zoa.tigblog.org/post/73387 -16.0333333 35.5-16.033333335.5 http://zoa.tigblog.org/post/44407 people from the area will now have a chance to access information on hiv and aids at a walkable distance after world vision gave them Hiv testing and counsellig clinic at mphuka.


Raph]]> Mon, 25 Sep 2006 06:14:00 EDT http://zoa.tigblog.org/post/44407 -16.0333333 35.5-16.033333335.5 http://zoa.tigblog.org/post/42924 Malawi's Human Rights Consultative commitee has just offered grants to a number of local based insitutions to undertake project relating to the advancement of human rights.The good news to all youth advocates is that most of those institutions are youth focused and youth led.

Congrats.HOWEVER acccountabilty and serving the interests of the nation is a call to all of us.

Peace and love.

Raph]]> Wed, 06 Sep 2006 09:46:00 EDT http://zoa.tigblog.org/post/42924 -16.0333333 35.5-16.033333335.5