WARNING: This is Version 1 of my old archive, so Photos will NOT work and many links will NOT work. But you can find articles by searching on the Titles. There is a lot of information in this archive. Use the SEARCH BAR at the top right. Prior to December 2012; I was a pro-Christian type of Conservative. I was unaware of the mass of Jewish lies in history, especially the lies regarding WW2 and Hitler. So in here you will find pro-Jewish and pro-Israel material. I was definitely WRONG about the Boeremag and Janusz Walus. They were for real.
Original Post Date: 2010-06-09 Time: 06:00:02 Posted By: News Poster
By Dora K.musinguzi
The HIV/Aids Prevention and Control Bill 2009 has been tabled for the first reading in Parliament. The Bill provides for criminal penalty for risk and intentional transmission of the virus.
If enacted, the proposed law would require mandatory disclosure of one’s HIV status – failure of which would be regarded as ‘criminal’ and attempting to or, intentionally transmitting the virus. Failure to use a condom where one knows their HIV status would constitute a criminal offence making them liable for prosecution.
Given the history of this country and it’s undoubted contribution to the HIV struggle that was all inclusive of local communities, religious institutions, civil society, private sector and development partners, why would the government or any progressive citizen consider this proposed law as an effective tool of responding to the epidemic?
It was a call to all Ugandans for a united effort, openness in addressing the epidemic, clear and consistent messages, and clear stewardship by the President that reduced incidence levels and won the country global recognition. Disappointingly now, some government leaders, perhaps frustrated by stagnant prevalence rates, are instead considering a punitive law with a veiled hope that it would prevent and control the epidemic.
Instituting laws to punish persons who may transmit HIV virus poses a danger to the consolidated effort and lessons learnt over time. It is difficult to see the rationale underlying the intended legislation. In strategic terms, this Bill is likely to have a counterproductive effect by stalling ongoing efforts at best and increasing infection rates at worst.
In the face of possible prosecution and forced disclosure, most people will not take an HIV test in fear of prosecution. As people shun HIV services and treatment for fear of prosecution, prevention and control will not be achieved. Taking an HIV test is pivotal for both control and prevention. However, the Bill will deter this effort by empowering medical practitioners to release results to third parties.
Most women get to know their HIV status before their male counterparts as they interface with medical facilities more often. Giving them an extra burden to disclose their status mandatorily as a blanket requirement may subject them to violence, abandonment and abuse as they are usually blamed for bringing the virus. In our societies, women cannot easily negotiate sex nor condom use yet failure to use one while they know their status will warrant such a woman punished for intentional transmission of the HIV virus.
Also, the Bill targets the 20 per cent of Ugandans that have tested and know their status and presumes that they knowingly and intentionally transmit HIV. What about the rest of the population who do not know their status yet transmit and cannot be found in the ambit of this law? The moment HIV is construed with criminalisation and people go into hiding, those living with HIV will suffer societal victimisation since they would now be regarded as threats to public health. As a nation, we can still do better since on this one, we are all in it together.
An effective national legal response is that which is designed to meet specific needs of the country, those that target particular situations that make people vulnerable to HIV and its impact and, use of particular strengths of the country’s people, institutions and experience. An effective response must address the epidemic’s likely consequence on individuals, families and the society’s over all development plans.
Ms Musinguzi is the acting executive director of Uganda Network of Law, Ethics and HIV/Aids. Members of all civil society organisations against HIV/Aids contributed to this article
Original Source: 
Original date published: 9 June 2010
Source: http://allafrica.com/stories/201006090209.html?viewall=1