Human Rights Day: Taking the Rights Path for Persons Living with HIV in Ghana

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By Richard Agodzo

Human Rights Day serves as a poignant reminder of the intrinsic rights every individual holds, regardless of status or circumstance. This year, its observance intersects with the theme for World AIDS Day: Taking the Rights Path. This synergy underscores the urgent need to amplify the voices of persons living with HIV (PLHIV) in Ghana and to address systemic failures that perpetuate stigma, discrimination, and human rights violations.


Despite Ghana’s commendable strides in HIV advocacy and prevention, the absence of a functional reporting and redress mechanism leaves many PLHIV without recourse when their rights are infringed upon. The case of Madam Sakyiwaa Akua Cynthia exemplifies this glaring gap in justice and accountability.

The Case of Madam Sakyiwaa Akua Cynthia

On October 28, 2020, Madam Cynthia filed an application at the High Court, seeking justice for violations of her human rights. She alleged that the respondent, through their actions, breached Article 15(1) of the 1992 Constitution and Sections 28 and 30 of the Ghana AIDS Commission Act, 2016 (Act 938). Specifically, her complaints included:

1. The publication of her HIV status without consent, a blatant violation of her privacy and dignity.

2. The economic repercussions she suffered due to stigma, including a significant decline in the sale of her wares.

Madam Cynthia’s prayers to the court included:

1. A declaration that her rights had been infringed upon.

2. An injunction preventing further disclosure of her HIV status.

3. Compensation for the economic losses she endured.

However, despite filing her application and enduring a lengthy legal process, she did not receive any of the reliefs she sought. Left without justice, Madam Cynthia was forced to relocate to another town to rebuild her life.

A Broken System

Madam Cynthia’s ordeal is not an isolated case. It reflects systemic inadequacies in Ghana’s handling of human rights issues for PLHIV. While the Ghana AIDS Commission Act, 2016, provides a framework for protecting the rights of PLHIV, its enforcement mechanisms are weak. This results in a lack of accountability for offenders and limited support for victims.

The absence of a dedicated reporting mechanism compounds the problem. Currently, PLHIV who face stigma or discrimination must navigate a convoluted legal and bureaucratic system with little to no support. Many lack the financial resources or knowledge to pursue justice, leaving their grievances unheard and unresolved.

The Way Forward: Taking the Rights Path

To align with the theme of Taking the Rights Path, Ghana must address these gaps through the following measures:

Establish a Dedicated Reporting Mechanism: A centralized, accessible, and anonymous platform should be created to enable PLHIV to report cases of stigma and discrimination. This mechanism should be linked to legal and psychosocial support services.

Strengthen Legal Frameworks: Amendments to existing laws must ensure expedited legal processes for cases involving human rights violations against PLHIV. Provisions for punitive measures against offenders and adequate compensation for victims must be enforced.

Public Awareness Campaigns: Nationwide campaigns to educate the public about the rights of PLHIV and the consequences of discrimination can help combat stigma. Targeted education for healthcare providers, employers, and community leaders is particularly crucial.

Community Support Structures: Local networks of support for PLHIV, including legal aid and economic empowerment programs, can provide a safety net for those who face discrimination.

Conclusion

Madam Cynthia’s story is a call to action. As we observe Human Rights Day and World AIDS Day, let us commit to building a Ghana where the rights of every individual, including PLHIV, are respected and protected. The fight against HIV is not just a medical battle; it is a fight for dignity, equality, and justice. By taking the rights path, we can create a future where stories like Madam Cynthia’s are a thing of the past. 

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