UGANDA IS COMING UP WITH ANOTHER CONTROVERSIAL LAW THAT WILL SEE THOSE SPREADIING HIV/AIDS EPIDEMIC LANDING PRISON TERMS OF UP TO TEN YEARS.
Writes Leo Odera Omolo In Kisumu City
UGANDAN Parliament is once again coming out with another controversial law that will see those spreading the Hiv/Aids getting a deterrent of ten year imprisonment.
The stringent bill on HIV/AIDS is expected to be presented before the parliament this month.
Under the HIV/Aids Prevention and Control Bill 2009, spreading the disease knowingly will be a criminal offence.
Anybody who willfully and intentionally transmit the disease faces a fine of Ushs 4.8 million or ten years imprisonment in default or both.
An attempt to transmit the disease is also a crime under the new Bill and could attract a fine of Ushs 240,000 or imprisonment of up to five years in default or both.
However, a person transmitting the virus will not be convicted ifthe other person was aware of the partner’s HiV status and voluntarily accepted the risk of infection.
The bill also states that a person shall not be convicted if the infection occurred, yet protective measures were taken by the pair involved.
The bill provides for routine HIV testing of pregnant women and their partners, as well as victims of sexual offence to prevent transmission of the disease. It also provides testing under a court order.
The HIV/Aids Control Committee chairperson, Beatrice Rwakimari {NRM}, told the government-owned NEWVISION that the bill was being printed, and is scheduled to be tabled in Parliament later this month.
The private members bill also provides for the protection, care and rights of people living with HIV.
Any health worker or other person who breaches medical confidentiality or unlawfully discloses information about somebody’s HiV status commits an offence and faces a maximum fine of Ushs 4.8 million or imprisonment of up to ten years or both.
On discrimination, the bill states that no qualified person can be denied employment, or be transferred or sacked by the employer on the ground of his or her HIV status.
In addition, the bill states, a health unit should in all cases provide pre-test and post-test counseling.
“A person may take a voluntary HiV test if he or she gives his or her informal consent. A person incapable of giving informed consent may be tested for HIV if his or her parent, guardian, next of kin, care taker or agent gives informed consent.
Such trials should not endanger the health of the participants and should be done with their written consent.
Ends
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