Applicability of the HIV/AIDS prevention and control Act Cap 126 in protection and promotion of the right to non-discrimination among people living with HIV/AIDS: a case of Mulago National Referral Hospital

Abstract

Since the establishment of the HIV/AIDS Prevention and Control Act, intended for protection and promotion of the right to non-discrimination among People Living with HIV (PLHIV), its success especially in public health facilities is very questionable due to the increasing levels of social stigma. This study sought to examine the potency of the Act, in protecting the right to non-discrimination among PLHIV, to find out factors affecting the effectiveness of the Act and to suggest measures that can be adopted to enhance the effectiveness of the Act. The study adopted a qualitative research approach based on a cross-sectional research design. According to the study findings, few people know the Act’s anti-discrimination provisions. Furthermore, the study revealed that despite the provisions of the Act especially sections 32 to 40 that bar any form of discrimination on grounds of HIV status, discrimination against PLHIV still exists. Findings further revealed that discrimination against PLHIV is practiced majorly by persons living without the condition, medical personnel like doctors, nurses and support staff especially in lower hospital facilities. This discrimination is in form of delayed treatment, poor service quality, denial of services, high service charges, some people being made to buy ARVs and other drugs which are supposed to be for free, that some persons get their drugs delivered to their homes yet others travel long distances to be able to access the drugs. The research also discovered that hospital management bodies strive to maintain equality and non-discrimination against PLHIV. Staff in Mulago hospital who handle PLHIV unlike other medical facilities across the country are knowledgeable about human rights issues in addition to requirements of the Act. However, some staff still discriminate against PLHIV. The study found out that the Act is not being implemented by the relevant authorities. It also reveals that societal attitudes and general weak healthcare systems exacerbate the challenge of discrimination of persons living with the condition. The study recommends that addressing these challenges requires concerted efforts from various stakeholders including government bodies, healthcare institutions, civil society organizations, and international partners. The Act should be amended to among others; include provisions that expressly grant the implementation function of the Act including on promotion of equal treatment to the Uganda AIDS Commission (UAC). There is also need for strengthening of the implementation mechanisms of the Act through adoption of effective and efficient monitoring mechanisms, enhance budgetary allocations to UAC, conducting trainings for medical personnel and raise more public awareness on the provisions of the Act, the right to equal treatment to avert the rampant discriminatory practices.