Hamilton: 'Much outcry for measures.'
Patricia Watson, Features Co-ordinator
PERSONS LIVING with HIV/AIDS who suffer discrimination may soon have their day in court.
Chairman of the National AIDS Committee and Public Defender, Howard Hamilton, announced a project on Friday which proposes to enact legislation to tackle HIV/AIDS-related stigma and discrimination in Jamaica.
Speaking at a conference organised by the United Nations Theme Group on HIV/AIDS in Jamaica at the Knutsford Court Hotel, Mr. Hamilton said stigma and discrimination against persons living with HIV/AIDS were undermining efforts to curb the disease.
"Complaints have been made regarding the issue of discrimination in public institutions, such as hospitals etc; and for which the complainants have had no remedy 'by way of proceedings in any Court or any tribunal constituted by or under any other Act'," Mr. Hamilton said.
He noted that the issue of discrimination has been brought into focus by interested persons who are either infected by HIV/AIDS or act on behalf of those affected.
"There has been much outcry for measures including legislation to stem the spread of the disease; and to increase awareness in the society. In an attempt to address the problem, a preliminary assessment/review of the existing legal framework as well as ethical and human rights issues regarding HIV/AIDS was done through the Ministry of Health," he explained.
However, based on preliminary research and changes in best practices, he feels that an HIV/AIDS specific legislation is not the way to proceed.
WAY FORWARD
The way forward according to Mr. Hamilton is to institute measures to protect and promote the human rights of all citizens. "After investigating and taking advice of Counsel, as Public Defender it is my decision to investigate and be in a position to recommend appropriate legislative intervention," he said.
Additionally there has been consultation with the Ministry of Health and the Ministry of Justice to ensure that a Cabinet paper is done consistent with the policy of implementing urgent anti-discrimination measures, which will not be limited to persons suffering from the disease or its impact but will address the general rights of citizens, Mr. Hamilton stated.
The draft anti-discrimination legislation for Jamaica will have as it components:
It is not expected to be limited to any specific interest group such as the HIV/AIDS agenda but will seek to promote rights for all Jamaicans consistent with Jamaican's international obligations on human rights, and commitment in respect of promoting and implementing policies for the global HIV/AIDS agenda. It is not intended to be punitive in approach but will foster cooperation among stakeholders and aim at the promotion of rights, but will, it is hoped, deter breaches of the rights of citizens. It is expected to produce a number of approaches for those who seek redress, including mediation; and generally recognise concepts of restorative justice. It will also include compensation for those whose rights have been breached. It will aim at correcting abuses, not just in the public sector but the private sector as well.
