SOURCE: The Nigeria-AIDS eForum
http://www.nigeria-aids.org [2]

Press Release

Denial of access to treatment: HIV-positive woman sues
Attorney-General of Lagos State and three others

The Centre for the Right to Health (CRH) a non-governmental
human rights organisation based in Lagos, has filed an
action at the Lagos High Court on behalf of a woman living
with HIV/AIDS against Attorney General of Lagos State, the
Commissioner for Health Lagos, Permanent Secretary Lagos
State Health Management Board and the Lagos State Health
Management Board to enforce her fundamental rights as
guaranteed by the constitution of Nigeria 1999.

The 39-year-old woman was denied access to treatment solely
due to her HIV/AIDS status by the General Hospital in Lagos
sometimes in March 2002, when she visited the hospital for
treatment of opportunistic infections. The hospital had
refused to provide medical attention to her claiming that
People Living With HIV/AIDS were never admitted for
treatment in the hospital.

In the court papers dated 23rd of December 2002 and signed
by Ebenezer Durojaye, attorney with CRH, the woman is
claiming among others the following reliefs against the
respondents:

[1] A Declaration that the denial of treatment to her
solely due to her HIV/AIDS status constituted an act of
unfair discrimination against her contrary to section 42 of
the constitution pf the Federal Republic of Nigeria 1999
and Article 2 of the African Charter on Human and Peoples'
Rights [Ratification and Enforcement] Act cap 10 Laws of
the Federation 1990 and other international human rights
instruments ratified by Nigeria.

[2] A Declaration that the refusal to give medical
attention to the her solely due to her HIV/AIDS status is
illegal, unlawful, unconstitutional and constituted an act
of inhuman and degrading treatment contrary to section 34
of the constitution of Nigeria 1999 and Article 5 of the
African Charter on Human and Peoples' Rights [Ratification
and Enforcement] Act cap 10 Laws of the Federation 1990.

[3] A Declaration that the denial of treatment to her when
she was in a critical condition amounted to a violation of
her right to life guaranteed under section 33 of the
constitution of the Federal Republic of Nigeria 1990 and
Article 4 of the African Charter on Human and Peoples'
Rights [Ratification and Enforcement] Act cap 10 Laws of
the Federation 1990

[4] A Perpetual injunction restraining respondents'
agents or privies from further discriminating against the
Applicant and HIV positive persons in any General Hospital
in Lagos State

[5] An order awarding the sum of 10 million naira only as
damages to the Applicant for the violations of her
fundamental human rights guaranteed by the constitution of
the Federal Republic of Nigeria 1999

Friday the 7th of February has been fixed for the hearing
of the case.

Ebenezer Durojaye
Center for the Right to Health
3, Obanle Aro Avenue, off Coker Road
Ilupeju, Lagos
Tel: 234-1-7743816 or 234-8023316431
Email: [email protected] [3]