Uganda’s Mandatory HIV Testing Opposed

A Human Rights Commission in Uganda has opposed mandatory HIV testing as envisaged in the HIV and AIDS Prevention and Control Bill that is before the country’s Parliament.

The commission also rejected a provision on criminalization of attempted and intentional transmission of the virus as well as a provision that permits medical practitioners to disclose HIV positive test results to a sexual partner without consent of the tested person.

These and other views were presented to the joint meeting of the committee of health and the committee on HIV/AIDS by Commissioner Katebarirwe Amooti, who represented the chairperson, Medi Kagwa.

The Bill provides for routine HIV testing of victims of sexual offences, pregnant women and their partners, but the commission is of the view that the provision does not specifically state as to whether their consent is necessary, suggesting that testing would be mandatory.

The Bill also provides for testing of those convicted of drug abuse, those charged with sexual offences and those convicted of offences involving prostitution.

“International standards require HIV/AIDS testing to be confidential, accompanied by counseling and to be conducted with voluntary and informed consent.

Mandatory testing without consent, counseling and confidentiality violate the right to equality and non-discrimination and could harm the victims of sexual crimes and expose women to risk of domestic violence and abandonment,” Amooti said.

He added that mandatory testing of drug users and sex workers will discourage them from seeking treatment and care.

UHRC, he said, recommends that the Bill be amended to remove provisions relating to mandatory HIV testing.

NV

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