title: The HIV and AIDS Tribunal of Kenya: An Effective Mechanism for the Enforcement of HIV-related Human Rights?
abstract: Established under Section 25 of the HIV Prevention and Control Act of 2006, the HIV and AIDS Tribunal of Kenya is the only HIV-specific statutory body in the world with the mandate to adjudicate cases relating to violations of HIV-related human rights. Yet, very limited research has been done on this tribunal. Based on findings from a desk research and semi-structured interviews of key informants conducted in Kenya, this article analyzes the composition, mandate, procedures, practice, and cases of the tribunal with the aim to appreciate its contribution to the advancement of human rights in the context of HIV. It concludes that, after a sluggish start, the HIV and AIDS Tribunal of Kenya is now keeping its promise to advance the human rights of people living with and affected by HIV in Kenya, notably through addressing barriers to access to justice, swift ruling, and purposeful application of the law. The article, however, highlights various challenges still affecting the tribunal and its effectiveness, and cautions about the replication of this model in other jurisdictions without a full appraisal.
authors: senior human rights and law adviser at the Joint United Nations Programme on HIV/AIDS (UNAIDS). He is a PhD Candidate at the School of Law, University of KwaZulu-Natal (South Africa).
authors: Patrick
authors: P
authors: Michael Eba
mesh_terms: D000163:Acquired Immunodeficiency Syndrome; D006076:Government; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D007630:Kenya; D063508:Social Discrimination / Q000331:legislation & jurisprudence; D017132:Workplace / Q000331:legislation & jurisprudence