HIV/Aids patients can now rely on equality law

30 October 2016 - 02:00 By APHIWE DEKLERK

Loyiso Lindani recalled the indignity of having to collect her medication from an Eastern Cape clinic in a publicly exposed area designated for HIV-positive patients. She is one of many HIV-positive people who had to suffer such discrimination. But things are about to change - even though it has taken the government more than a decade to add those living with HIV/Aids to the Promotion of Equality and Prevention of Unfair Discrimination Act.In its current form, the act prohibits discrimination on a variety of grounds including race, sexual orientation, age, disability and religion."Evidence suggests that persons living with HIV/Aids face discrimination and stigmatisation and current legal recourse is often not sufficient," the Department of Justice said in a statement.As the law stood you could sue for defamation, but "that's not enough", said department spokesman Mthunzi Mhaga.story_article_left1"There must be a situation where you go to court, you go to jail and get a criminal record, even if it's not a contact crime ... we consider this verbal assault."Discrimination is prevalent on social media too."There are those who make derogatory statements about [HIV- positive] people on Facebook [and mock them] saying: 'You can't have a view [on certain topics], you are on ARVs,'" Mhaga said.Thanks to the amendment, HIV-positive people can now use screen grabs of such posts to open a criminal case.Lindani said that because she had to get her medication in an area designated for those with HIV/Aids, people would know her status."I hear these days [there is] a window that HIV patients queue out of to get their medication."I feel like this is discrimination of epic proportions because even though I'm outspoken or am fine with my HIV status, there are many people who choose not to go to the clinic to fetch their meds for fear of being judged or discriminated against," said Lindani, who now lives in Johannesburg.Gail Johnson - director of Nkosi's Haven, an NGO caring for destitute mothers, children and orphans affected by HIV/Aids - said there was still discrimination against those with HIV/Aids, but it was not as intense as it had been in the past."I so often see that HIV-positive people have to almost live a lie because of the fear of being discriminated against even though [now] it is a manageable [condition]; there is always that stigma."It's heartbreaking," she said...

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