HIV and AIDS

The appellant was convicted of defilement for having sexual intercourse with the complainant, who was 12 years old at the time.  The trial court sentenced him to life imprisonment.  He appealed, arguing that the prosecution did not satisfy its burden of proofs, that there was no evidence of violent force, that the complainant was his girlfriend, and that she consented.  The prosecution presented evidence of the complainant's physical injuries and the appellant's HIV-positive status.  The Court dismissed the appeal because sex with any girl younger than 16

The President approved the creation of the National Commission of Audit and Prevention of Deaths of Mothers, Newborns and Infants in March 2012. This commission was established to contribute to the reduction of maternal and infant mortality by investigating maternal death, defining appropriate evidence-based interventions and recommending corrective actions.

The Constitution of the Republic of Ecuador establishes the rights that all people, regardless of gender, shall enjoy. For example, Article 11.2 stipulates that no person may be discriminated against on the basis of gender, among other criteria. In accordance with Article 27, education must promote equality among men and women. Article 32 explains that the State guarantees health rights through permanent, timely, and non-exclusionary access to programs and services for integral, sexual, and reproductive healthcare.

This report by the Eurasian Coalition on Male Health (ECOM.ngo) discusses the status and treatment of LGBTQ people in Georgia, specifically gay men, other men who have sex with men (MSM), and trans people. It explains existing legal protections for LGBTQ people, societal attitudes, human rights violations, and recommendations for future progress. (PDF is in English. The External Link offers Russian, English, and Estonian.)

 In 2014, the Supreme Court of Namibia (“Supreme Court”) affirmed the High Court of Namibia’s (“High Court”) decision in LM and Others v.

Chapter 453 of Hawaii Revised Statutes establishes key protections for reproductive and sexual healthcare in the state of Hawaii. Section 453-16 safeguards a pregnant person’s right to choose to obtain an abortion or terminate a pregnancy when necessary to protect their life or health.

The Act regulates sexually transmitted diseases including HIV, provides information for treatment of HIV, and provides punishment for violations. §18.3 of the Act provides that the Ministry of Health and Social Welfare, the Ministry of Education, and the Ministry of Youth and Sports shall provide education on the prevention and control of HIV. §18.4-18.5 provide that educating the public regarding HIV and AIDS is part of the national response, and the government shall train all relevant personnel.

This law creates a right to access reproductive health services in Benin without discrimination.  The law ensures access to reproductive health care and makes it a fundamental human right. The law lists several violations of the right to sexual and reproductive health, including all forms of sexual violence against women and children, female genital mutilations, pedophilia, voluntary transmission of HIV, exploitation in all its forms, forced prostitution of women and children, and forced marriages.

The appellant appealed his conviction for rape, arguing that the Penal Code sections dealing with rape are discriminatory because they provide increased penalties for a person convicted of rape if they are found to be HIV-positive.  The Court held that the relevant provisions of the Penal Code apply when the convicted person was HIV-positive at the time he committed the rape and that it is therefore a reasonable provision in order to combat the spread of HIV/AIDS.   

A woman was being divorced by her husband on the grounds that her testing HIV-positive endangered his life. Although her salary contributed to the mortgage payments for the house, the High Court ordered that she be consigned to the servants’ quarters and denied custody of her children, pending the hearing for her husband’s petition for divorce. She sought a stay of execution of the High Court’s order in her application. The Court of Appeal noted that it is trite law that children be placed with their mother unless there were good reasons not to do so.