Providing an effective legal framework for the protection of people living with HIV and AIDS in Nigeria

Master Thesis


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University of Cape Town

This thesis seeks to address the question of how discriminatory practices operate against people living with HIV/AIDS (PLWHA), the effects of this discrimination on their lives and how they can be protected against such discrimination, by the law in Nigeria. In addressing this question, the legal ramifications of HIV/AIDS will be examined, from the detection and testing phase to the treatment of people known or perceived to be living with the virus and then to their legal rights, which protects them from discrimination and unfair treatment. This issue is important, as it covers a subject matter that has received little attention from the relevant authorities in Nigeria. This work seeks to contextualize the problem of stigmatization and discrimination against PLWHA by raising issues that centre on the treatment that they receive in society and how this treatment affects them, and the society at large. In addition, this question helps reveal the practices that have helped perpetuate a culture of fear, which has inadvertently contributed to the spread of HIV in Nigeria, while also depleting the number of people living with the virus. In sum, the dissertation seeks to help identify the underlying issues that drive discrimination against PLWHA and propose an effective legal framework to stem the tide, with its resultant positive gains.

Includes bibliographical references.