WJA  Vol.4 No.3 , September 2014
The Legal Protection of Children Orphaned by HIV/AIDS in Nigeria: An Appraisal
Author(s) Folake Bejide
Abstract

The Human Immunodeficiency Virus and the resultant disease—Acquired Immune Deficiency Syndrome are global epidemics in recent times. Although the effects of the epidemic have been curtailed somewhat in the developed world, it is not so in developing countries. As such it affects not only the infected but those directly dependent on them. Some of the affected people have been identified as children, who turn out to be unprepared for and defenceless against the imminent hardship prevalent as a consequence of the disease. The effects of the epidemic are felt more in the developing world than in developed countries and this is because the attitude of the developed world to the epidemic is positive, enhanced by awareness of the disease; whereas in the developing countries, a lot of myths are attached to it, affecting the requisite attitude needed to combat the epidemic and its effects. This paper seeks to examine the effects of this epidemic on children in Nigeria, comparing the effects on children in other African countries. The paper also looks at structures in place to cater for these children, and then seeks to proffer improved means of protecting their rights.


Cite this paper
Bejide, F. (2014) The Legal Protection of Children Orphaned by HIV/AIDS in Nigeria: An Appraisal. World Journal of AIDS, 4, 321-331. doi: 10.4236/wja.2014.43038.
References

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[2]   (2013) UNICEF Statistics. http://www.unicef.org/infobycountry/nigeria_statistics.html#89

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[7]   Center for the Right to Health (CRH) (2001) HIV/AIDS and Human Rights: Experiences of People Living with HIV/AIDS in Nigeria.

[8]   Odafe & Others v Attorney General of the Federation and Others (2004) AHRLR 205 (Ng HC 2004) Is One of the Few Decided Cases in this Regard.

[9]   Durojaiye, E. (2010) Litigating the Right to Health in Nigeria: Challenges and Prospects in International Law and Domestic Human Rights Litigation in Africa. In: Killander, M., Ed., Pretoria University Law Press (PULP), 162.

[10]   (2005) 5 NWLR (pt.917) 51.

[11]   Article 1.4 Federal Government of Nigeria National Policy on HIV/AIDS.

[12]   Section 277 Thereof. (This Definition Is Also Consistent with Definitions Given in Most Other Jurisdictions. In Most International and National Instruments, a Child Is Defined as a Boy or Girl up to the Age of 18 Years.)

[13]   Multisectoral OVC Committee, under the Ministry of Women’s Affairs and Child Welfare, Namibia.

[14]   Child, Youth and Family Welfare Organisation, Ethiopia.

[15]   Smart, R. (2012) Policies for Orphans and Vulnerable Children: A Framework for Moving Ahead, 3. http://www.hivaidsclearinghouse.unesco.org

[16]   Article 5.1 of the National Policy on HIV/AIDS by the Federal Government of Nigeria.

[17]   UNAIDS (2012) UNAIDS Report on the Global AIDS Epidemic. http://www.avert.org/aids-orphans.htm

[18]   UNICEF/UNAIDS (2012) Children and AIDS: Fifth Stocktaking Report. http://www.avert.org/aids-orphans.htm

[19]   (2012) AVERT: International HIV & AIDS Charity. http://www.avert.org/aids-orphans.htm

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[21]   Anyabolu, H. (2012) Consultant Paediatrician and Lecturer, Department of Paediatrics, Obafemi Awolowo University, Ile-Ife, Nigeria. Oral Interview on the health effects of HIV/AIDS on Orphans and Vulnerable Children.

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[23]   Nnamdi-Okagbue, R., et al. (2003) Orphans and Vulnerable Children Assessment in Four States of Nigeria: The Process in Nigeria’s Contributions to Regional and Global Meetings on HIV/AIDS/STIs 1986-2003. NIMR, Lagos.

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[25]   Article 5.4 C, National Policy on HIV/AIDS.

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[27]   Article 1.3, National Policy on HIV/AIDS.

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[35]   The Notable One of Ahamefule v Imperial Medical Center, Supra Was Not Decided in Favour of the Person Discriminated against. Cf with Decision in South African Case of Minister of Health & Others v Treatment Action Campaign Where the Constitutional Court of South Africa Rejected the Argument of the South African Government That Providing Medication to Prevent Transmission of HIV from Pregnant Women to Their Unborn Babies Was Too Expensive. The Court Based Their Decision on the Point That the Government Contravened the Right to Health as Provided for under Section 27 of the Constitution of South Africa.

[36]   Zambia Privatisation Agency v. Matale, ZR 157 (SC) (1995-97) Lemo v. Northern Air Maintenance (pty) Ltd., Industrial Relations Court of Botswana, (2004). J.A.O. v. Homepark Caterers Ltd., Kenya (2004).

[37]   2 All ER 648 (1988).

[38]   Providing Free Status Checks and Better Access to Treatment and Management of the Virus.

 
 
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