Gallatin Global Fellowship in Human Rights

The Human Rights Status of Nigerians living with HIV/AIDS

By: Tegan Joseph Mosugu

Fellowship Location: Abuja, Nigeria, West Africa

Center for the Right to Health (CRH)

Vision: “A Nigeria in which healthcare is affordable and accessible; where patients are treated with dignity and their human rights respected irrespective of gender, age, social status or disease condition.”

Mission: "To advocate for the full realization of the right to health in Nigeria and to promote respect for ethics and human rights in healthcare policies and practices, especially for vulnerable groups such as People Living With HIV/AIDS, women, youths and children."

Source: http://crhnigeria.org/index.php/about-crh

STATISTICS

Estimates:

● 2008 Prevalence Rate: 4.6% (United Nations Population Fund)

● 2012 Prevalence Rate: 4.1% (UNAIDS)

● 15 states have HIV/AIDS prevalence rates above the national rate, with Benue state having a rate of 10%

How does CRH defend the rights of PLWHA in Nigeria?

● Advocacy & Community Engagement

● Engaging law officers

● Legal Action Committee on AIDS

● Government Agencies (Human Rights Commission)

● Litigation & Human Rights Defense

Human Rights Categories for PLWHA

● Primary Rights (Areas of Concern)

- Right to Health/State of Well-Being

● Secondary Rights

- Standard of Living

- Privacy/Confidentiality

- Housing

- Education

Right to Health/State of Well-Being

● Refusal of vital medications and essential injections- 2003 Center for the Right to Health Lawsuit

● Same-Sex Marriage Act of 2013- Fear of being persecuted/imprisoned: Health institutions afraid of providing

care to LGBTIQ individuals

● The lack of an active police force defending the rights of HIV+ individuals

Right to Health/State of Well-Being

● Illegal markets for pharmaceutical drugs.- Worsening the financial burden for people living with HIV/AIDS

● Unavailability of antiretroviral drugs. - The Nigerian Agency for the Control of AIDS reports that these drugs are

available in only 15% of the health facilities in Nigeria

● High Cost of antiretroviral drugs. No subsidies & lack of domestic production/non-quality ARV imports.

How to promote the right to health for PLWHA?

● HIV-AIDS Anti Discrimination Bill- Passed, but not signed.

● Increasing domestic production, supply, distribution and access to ARVs.

● Passing a national HIV+ confidentiality law that protects patients’ privacy.

● Private-Public Partnership: Illegal Drug Task Force with the Nigerian police.

Secondary Rights/Areas of Concern

● Standard of Living: Employers laying off HIV+ individuals

● Education: School administrators expelling pupils/students who they speculate to be HIV+

● Confidentiality

- Doctors disclosing the HIV status of persons living with the virus to their respective employers

- Societal Stigma: “Word of Mouth”

● Housing

“People living with HIV/AIDS in Nigeria face challenges of poor health and quality of life due to

overcrowded conditions, poor public services and infrastructure because of their substandard housing.”

“One out of every three PLWHA in Nigeria resides in slums characterized with poverty and continuous

ill health.”

Source: The Association of Positive Youth Living with HIV/AIDS in Nigeria

The Human Rights Complexity

THEORY

VS.

PRACTICE

International Human Rights Framework

● Pros:- External pressure on a lukewarm federal government.

- Bridges the gap between theory and practice due to the increase in stakeholders● Cons:

- Increases demand on the healthcare system to take away attention/focus on other health issues. (Competing basket of goods)

- Taking away financial and human capital.

Progress can be made when the HIV/AIDS epidemic is defined as a hindrance to the right to health, but connected to the broader framework of being a

violation of various international human rights.

ConclusionCenter for the Right to Health:

- Programmatic Side: Prevention, Care & Support- Monitoring & Evaluation: Documentation

“Health is the MAJOR right that CRH is concerned about. Access to health and issues is a major priority. However, rights are interwoven and inseparable. Access to education, access to housing, freedom of movement and privacy are married to health -secondary rights.-” ~ Mr. Bede Eziefule, Project Director, Center for the Right to Health.“Violations occur to these other rights. The Center either pursues them or links them to other organizations.” ~ Mr. Bede Eziefule, Project Director, Center for the Right to Health. “Awareness of the HIV/AIDS disease has definitely increased and improved.” (Carrying out the prevention message and ensuring that people do not get infected.) ~ Mrs. Vanessa Nwanguma, Legal Head, Center for the Right to Health.

APPRECIATION

● Dr. Stella C. Iwuagwu, PhD, MS, MPH, CHES, RNFounder/Executive Director, Center for the Right to Health

● Mr. Bede Eziefule, Project Director, Center for the Right to Health● New York University, Gallatin School of Individualized Study

- Dr. Vasuki Nesiah, B.A, J.D, S.J.D- Dr. Patrick McCreery, B.S, M.A.,Ph.D.

● New York University, Wagner School of Public Service- John Gershman, Clinical Associate Professor of Public Service

Staff and supporters of NYU Gallatin & The Center for the Right to Health