It is estimated that more than 33
million people in the world today are currently living with the human
immunodeficiency virus (HIV). It is also estimated that more than 30 million
people have died from HIV-related complications since the earliest cases were
detected in the early 1980s. While it is trite truth that huge progress has
been made to increase access to HIV treatment in the past twenty and more
years, and that new HIV infections have significantly declined in some regions,
the pandemic nevertheless continues to wreck havoc in many more areas and
efforts to control it seem distant. The number of newly infected people each
year in most scenarios far outnumbers those who gain access to treatment by an
estimated two to one ratio.
It is reported that Kenya has the
fourth largest HIV epidemic in the world. In 2012, out of a population of about 40 million, an estimated 1.6 million
individuals were living with HIV and there were approximately 98,000 new infections.
The HIV & AIDS epidemic in Kenya has since been often referred to as being
generalized. In essence this means that it affects all sections of the society
including children, youth, adults, women and men alike. According to a Kenya
AIDS Response Progress Report, a concentrated certain group of Kenyans are more
susceptible to contracting the virus due to their vulnerability to HIV
transmission.
These groups can be categorized as follows;
a)
Men who have sex with men
(MSM)
b)
Persons who inject
drugs (PWIDs)
c)
Sex Workers
d)
Women and young girls
HIV prevalence among MSM in Kenya
is almost three times more than the general population. Condom use among this
group is reportedly fairly low. It is important to note that sexual relations
between men remain illegal in Kenya and can carry a prison sentence of about 21
years if found guilty. Homosexuality is thus largely considered taboo and
repugnant to the cultural values and moral code of the Kenyan Nation. This
stance leads to high levels of stigma and discrimination towards MSM as well as
towards other members of the lesbian, gay, bi-sexual and transgender community
in Kenya. This often acts as a huge barrier and deterrent for these individuals
to seek HIV treatment and testing.
I will not belabor with the
jurisprudential arguments on the law and morality and how these two are either distinct
or analogous hypotheses. However what I would like to direct your attention to
the Kenyan Constitution in specific to Article
43(1) which guarantees every individual the highest
attainable standard of health…which is important to the realization of the
right to life. Articles 26,27 and 28 in my mind also suggest that
everyone has a right to life and that everyone shall be subjected to equality
and freedom from discrimination in every sphere including access to medical
care and treatment irrespective of sexual orientation or preference.
Granted,
the Kenyan Government has made significant contributions to addressing the HIV
& AIDS pandemic but a correlation and consistency remains to be seen in
theory and in practice. One of the greatest strides taken was in 2006 with the
enactment of the HIV and AIDS Prevention and Control ACT 2006 which establishes
the first ever tribunal (only one in the
world) to handle legal issues relating to HIV, including discrimination against
people living with HIV and protecting the confidentiality of medical records. Since
its establishment in January 2012, the tribunal has received 400 complaints,
admitted 14 cases and delivered two judgments.
Although the HIV prevalence among the general Kenyan population
has fallen with rigorous campaigns around testing at VCT centers, sensitization
and education campaigns as well as free ARVs medications provided at Government
clinics, women and young girls unfortunately continue to be disproportionately
affected by the epidemic. In 2012, Government statistics report that 6.9 % of
women in Kenya were living with HIV compared with 4.2 % of men. Young women
aged 15- 24 in Sub-Saharan Africa are almost three times more likely to be
living with HIV than men of the same age. This can be attributed to
discrimination that women and girls face in terms of access to education,
employment, healthcare to name but a few. As a result, men will often always
dominate sexual relations with women not being able to practice safe sex even
when they know and understand the risks.
In the wake of the recently publicized partnership between the
Bill & Melinda Gates Foundation, the Nike Foundation and the U.S
President’s Emergency Plan for AIDS Relief (PEPFAR) on a $ 210 Million
initiative to reduce new infections in adolescent girls and young women,
governments in Sub-Saharan countries should also accelerate efforts in
prevention initiatives targeted at the most vulnerable groups as identified.
More people should be encouraged to know their status and thus be able to
access treatment, care and support regardless of other collateral factors. The
Kenyan Government should also work on overcoming social, cultural and legal
barriers that hinder access, treatment and testing of all its citizenry.
Leaders should also start thinking of sustainable ways to scale up and fund
existing prevention and treatment efforts to curb HIV & AIDS.
