• Read the Report
  • Contact Us
Global Commission on HIV and the LawGlobal Commission on HIV and the LawGlobal Commission on HIV and the Law
Menu
  • Background
    • HIV and the Law
    • Commission Overview
    • Commissioners
    • Technical Advisory Group
  • Report
    • 2012 Report
    • 2018 Supplement
  • SCALE Initiative
  • Dialogues
    • Global Dialogue 2018
      • 2018 Supplement
      • Global Dialogue 2018 Videos
    • Global Dialogue 2012
      • Video
      • Photo Gallery
      • Speeches
    • Regional Dialogues
      • Asia-Pacific Regional Dialogue
      • Caribbean
      • Eastern Europe and Central Asia
      • Latin America
      • Africa
      • Middle East and North Africa
      • High Income Countries
      • Civil Society Participation
      • Submissions to the Regional Dialogues
  • Implementation
    • Access to Health Technologies
      • Competition Law Guidance
      • Competition Law Webinar
      • 2022 Supplement
    • Civic Space
    • Digital
      • Guidance on the rights-based and ethical use of digital technologies
    • Programmes
      • Being LGBTI in Asia
      • Challenging stigma and discrimination in the Caribbean
      • Guidance for Prosecutors on HIV-related Criminal Cases
      • Improving SRHR for young key populations in Southern Africa
      • International Guidelines on Human Rights & Drug Policy
      • Multi-Country Western Pacific Integrated HIV/TB Project
      • Promoting a rights-based response to HIV in Africa
      • Removing legal barriers in Africa
      • South Asia Global Fund HIV Programme
      • UHC Legal Solutions Network
    • Follow Up
      • Follow Up Stories
      • Legal Environment Assessments
      • Leave No One Behind: Lessons from the Global Commission on HIV and the Law for Agenda 2030
  • Resources
    • eLibrary
      • Capacity Development Toolkits
      • Fact Sheets
      • Legal Environment Assessments, Reviews and Audits
      • National Dialogue Reports
      • Policy and Issue Briefs
      • Research, Discussion Papers and Reports
    • Evaluation of the Global Commission on HIV & the Law
    • Report & Working Papers
      • Read the Report
      • 2018 Supplement
      • Working Papers
      • Submissions
      • Presentations
      • Articles and Speeches from Commissioners
      • Selected Bibliographies
    • Regional Dialogue Resources
      • Asia-Pacific
      • Caribbean
      • Latin America
      • Eastern Europe and Central Asia
      • Africa
      • High Income Countries
    • HIV and the Law Animated Video
  • News
    • News Articles
    • Press Releases
    • Newsletter Archives
  • Past Events

News Release: Botswana Government Ordered to Provide HIV Treatment to Non-Citizen Prisoners

Share this post

News Release: Botswana Government Ordered to Provide HIV Treatment to Non-Citizen Prisoners

Published on Tuesday, 18 March 2014 10:32
Gaborone, 18 March – In another important legal victory for human rights in Botswana, the High Court in Gaborone yesterday ordered the government to provide HIV treatment to all non-citizen prisoners. Prior to the court order, the government supplied non-citizen prisoners with treatment for opportunistic infections but not for HIV – leading to a significant deterioration in their health. Non-citizen prisoners were expected to pay for HIV treatment themselves. “The order is a significant victory for the rights of people living with HIV in Botswana since it makes it clear that all prisoners are entitled to free HIV treatment regardless of origin,” said Cindy Kelemi, the Executive Director of Botswana Network of Ethics, Law and HIV/AIDS (BONELA), which sued the government to secure treatment along with two foreign prisoners living with HIV.

“This order will not only save the lives of foreign prisoners living with HIV, but it will also help to prevent HIV transmission in prisons.” The two prisoners and BONELA argued that the denial of critical medical treatment to non-citizen prisoners violated their fundamental rights, which were guaranteed under Botswana’s Constitution. In addition, they used current medical evidence to show that not only would their lives be at risk without HIV treatment but that other prisoners would also be at greater risk of contracting HIV and other opportunistic infections, such as tuberculosis.

“The order will have to be immediately implemented by government and will ensure that the government meets its obligations under the Botswana Constitution and under international and regional law,” said Priti Patel, Deputy Director of the Southern Africa Litigation Centre (SALC), which has been assisting in the matter. “More importantly, it shows that the government has no legitimate justification for putting prisoners’ lives at serious risk by denying them HIV treatment.”

The government, which has been providing free treatment to Botswanan citizens living with HIV in prison, failed to file papers opposing the application by the two prisoners and BONELA, which resulted in the High Court issuing the order.

For more information:
Cindy Kelemi, Executive Director, BONELA: +267 3932516; +267 72385054; cindyk@bonela.org
Priti Patel, Deputy Director, SALC; +27 11 587 5065; +27 76 808 0505; pritip@salc.org.za  

Source: Souther Africa Litigation Centre

Recent Posts

  • Legal empowerment is key to ending AIDS
  • UNDP and PEPFAR partnership to accelerate the removal of structural barriers to HIV services
  • Successfully expanding the rollout of PrEP in Indonesia
  • Decriminalizing HIV: Scientifically proven and morally correct
  • Ensuring sustainability of community-led HIV service delivery in Thailand

© 2017 [blog-link], All Rights Reserved.