Malawi: Commercial Sex Workers Who Were Forced for HIV Test Win Case in Court
Published on Wednesday, 20 May 2015 10:44
By Luke Bisani
The High Court of Malawi has today ruled that subjecting people to mandatory HIV Test is a violation of fundamental human rights such the right to equality and non-discrimination, right to dignity and right not to be subjected to cruel, inhuman and degrading treatment.
Justice Ivy Kamanga has ruled that Police in Mwanza violated human rights of 11 sex workers who were forced to go for HIV testing after been round up from Sangala Leisure Center.
The court has condemned the conduct of Mwanza Police Station and Mwanza Hospital personnel for subjecting women to Mandatory HIV test in 2009.
The court has further recommended a separate action against police and health personnel for award of damages.
In 2009 Mwanza Police dragged 11 sex workers to Mwanza District Hospital for HIV testing after sleeping in a police cell.
Later in 2011, the 11 women dragged the police in court on claims that the police violated their right by forcing them to test for HIV.
In her ruling, Judge Kamanga said what police did was against Human rights of the sex workers.
Defence Lawyer Chrispin Siwande said the ruling has been achieved justice to the sex workers who were forced for the testing.
“The ruling is fair to the Sex workers and Human rights bodies in the country looking at what Police did in Mwanza and the Hospital for approving that they will have their test without themselves voluntary going for it” Said Siwande.
The results of the six workers were made public in court as they were persecuting the case.
Malawi is one of the countries in the world that respects Human rights due to that every person goes for Voluntary Counselling and Testing (VCT).
Source: All Africa