Delta State Hiv Aids Anti-discrimination, Prevention and Protection Law, 2022

DELTA STATE HIV/AIDS ANTI- DISCRIMINATION, PREVENTION AND PROTECTION LAW, 2022 1. Short Title. This Law may be cited as the Delta State HIV/AIDS Anti-discrimination, Prevention and Protection Law, 2022.

2. Interpretation. In this Law, unless the context otherwise requires: "Agency " means the Delta State Agency for control of HIV/AIDS; "AIDS" means Acquired Immune Deficiency, a disease caused by a Virus known as Human Immunodeficiency Virus (HIV) contracted from another person which attacks and weakens the body's immune system making the infected individul susceptible to other life threatening infections; "Attorney General" means the Attorney General and Commissioner for Justice, Delta State; "Child" means a person under the age of 18 (eighteen) years; "Direct Discrimination" means when a person treats another person less favourable than a third person would have been treated in comparable circumstances, or attribues characteristics which are thought to relate generally or be genealiy imputed to people of a particular status, that is, stereotypes; "Discrimination" includes discrimination defined in International Labour Organization Convention; and in to this Law, any act of unjustifiable or prejudicial treatment of or distinction between a person living with HIV/AIDS and other members of the society without the same health condition or any act depriving an HIV/AIDS positive person from obtaining social-economic benefits on account of his HIV/AIDS status; "HIV" means Human Immuno-deficiency Virus and it is the virus that causes AIDS; "HIV-related Circumstances" means condition of with or affected by HIV; "Indirect Discrimination" means the stipulation or by a person or institution for a mandatory HIV testing as a requirement or a condition precedent to socio-economic benefits; "Invasive Medical Procedures" means any medical procedure that invades (enter) body usually by cutting or puncturing the skin or by inserting instrument in the body; "Mandatory or Obligatory Testing" means any form or coersion and/or compelling pressure with respect to known and/or unknown needs of person(s) resulting in testing without specific informed or expressed consent; "Persons affected by HIV/AIDS" means those presunæd to be infected by HIV as well as caregivers, partners, family members and associates; "Persons infected by HIV" a person living with AIDS causing virus; "Public Health Officials" means persons employed by Government to render Health Services in Government Medical Facilities and include but not limited to a Physician, Consulting Medical Specialist, Nurse, Medical Laboratory Scientist and other health workers/personnel involved in rendering Halthcare Services to the public notwithstanding whether such health workers are employed in the state, Local Government Council or other health agencies in the state; "Risky Behaviour" means any behaviour considered by medical as injurious or capable of exposing other persons to the risk of HTV/AIDS infections and it includes but not limited to engaging in willful/intentional unprotected sexual intercourse, sharing of unsterilised skin- piercing instrument, exchanging unsterilised and/or syringes for purpose of drug use or abuse and engaging in harmful cultural practices likely to expose a person to the transmission of HIV; "Safer Sex" means behaviours or practies that do not put one at risk of unwanted pregnancy, STI or HIV infection; "Sentinel Survey or Research" means any surveillance or monitoring carried out by health institutions in the State for the assessment of the rate of occurrence of HIV/AIDS other related in Delta State in furtherance of the State policy to ascertain the stability or change in health levels of the population with a view to improving the health standard of the people; "Specific Expressed Consent" Means written consent, signed by the person being treated for HIV or by his/her authorized representative or family members in situations where the individual is unable to give consent in writing or otherwise; "Specific Informed Consent" means consent based on clear and accurate information in a language he/she understands given to persons being tested as to the nature, purpose and implications of the tests; "State" means Delta State of Nigeria; "Stigma or Stigmatisation" means any negative perception or failure or refusal to accord necessary social approval to a person or any standard used to set individuals apart from normal society which is seen as marks of shame or disgrace against a person or group of persons, resulting in unfair and unjust of treatment of the person on the basis of their being HIV infected and/or affected; "Vilification" means the making of statement based on sterotypes of a group that brings members of it into hatred, ridicule or contempt; "Window Period" means the period designed to detect the HIV/AIDS infection which is the time from exposure to HIV infection and the point when the body produces enough antibodies for a standard HIV test to accurately detect the presence of the virus causing HIV or AIDS in the blood or other body fluid of the infected person; "Workplace" includes all places where workers need to be or to go by reason of their work and which are under the direct or indirect contol of their employers.

3. Voluntary Testing and Informed Consent. (1) From the commencement of this Law, no medical professional or institution shall carry out HIV test on any person or group of persons without obtaining specific consent informed consent: (a) a contravention of subsection (l) of this Section constitute a violation of the person or group of person's right to liberty and privacy; (b) medical professionals or institutions conducting an HIV/AIDS test shall provide consent forms signed by a person or group of persons requesting for HIV/AIDS test; and (c) in the conduct of HIV/AIDS test on a person or group of persons, a medical professional or institution shall observe the strictest form of confidentiality and ' privacy with the information obtained. (2) A medical professional shall obtain express or informed consent in carrying out HIV/AIDS test on a person or group of persons except in situations where: (a) the person in question is the donor of blood, blood products, organs, tissues, semen or other substances where there is an obvious public health imperative test, towards potential recipients who must give fully informed and express consent to such donation; (b) the person in question is guilty of a sexual offence such as rape, where the individual affected is likely to at risk of HIV/AIDS infections; (c) the person in question is to undergo invasive medical procedures that would increase the risk of transmission of HIV/AIDS to medical personnel or other patients; (d) the person is pregnant and receiving routine antenatal service prescribed or required in the interest of the unborn child to prevent mother to child transmission; and (e) a court of law issues an order for the testing of any person or group of persons.

4. Pre and Post Confidential Counselling. (1) Any person or group of persons being tested for HIV/AIDS in the State shall be provided with pre and post-test confidential counselling by a qualified Counsellor. (2) Pre and post-test confidential counselling shall be given to a person or group of persons being tested for HIV/AIDS except in cases where the person or group of persons tested are part of a sentinel survey or research and in which case the result may not be disclosed to the person participting in such research.

5. Partner Notification. (1) When a person tests positive to HIV, he or she shall notify his/her sexual partners or give consent to the Medical Practitioner or institution to notify the sexual partner of his/her HIV status. (2) Medical practitioners, Healthcare Providers or trained HIV Counsellors responsible for providing medical care or counselling to an HIV positive person, may notify the person's sexual prtner of the HIV status of the person if: (a) counselling of the HIV-positive person has failed to achieve responsible behavioural change; (b) the HIV-positive person has refused to notify or consent to the notification of the his partner; (c) a risk of HIV transmission to the person's partner exist; (d) the identity of the HIV-positive person is concealed from the partner(s) where this is possible; and (e) necessary follow-up and support are provided for those involved.

6. Detention, Isolation and Quarantine. No person shall be detained, isolated or quarantined solely on the basis of the person's HIV status except where the person's behaviour exposes or is likely to expose others to the risk of HIV/AIDS infection.

7. Blood, Tissue, Organ and Body Fluid Safety. (1) All health institutions and professionals within the State shall ensure that all blood for transfusion, tissues and organs for transplation and semen for artificial insemination shall be free of HIV and blood-borne pathogens including Hepatitis B/C viruses and syphilis. (2) All such blood, tissues, organs and semen shall be thoroughly screened, and certified HIV-free after confirmatory screening of at least six months, to rule out the possibility of HIV being present in its Window Period. (3) All donors of blood/blood products, tissues, organs and semen shall be required to declare by way of questionnaire or otherwise,that they have not engaged in behaviours that place them at risk of HIV infection. Such questions shall relate to actual behavior rather than membership in a particular group presumed to be vulnerable to HIV infection. (4) In cases where confirmatory screening is not possible to rule out the incidence of "Window Period", such as in extreme emergencies requiring the saving of life; the health institution, blood bank, blood donor, tissue/organ supplier, employers and healthcare providers involved shall not be liable where screening of blood tissues/organs/semen, signing of donor declaration and consent of recipient are completed within 12 hours before donation, transplantation or insemination. (5) Where there is evidence of negligence, willful misconduct or false declaration on the part of the health institution, blood bank, healthcare providers or donors respectively, they shall be liable and compensation paid according to the level of damage done by such negligence, misconduct or false declaration as determined by the court.

8. Infection prevention and control. (1) Universal infection control shall be required in all healthcare facilities and other institutions within the State which are involved in the exposure of individuals to blood and other bodily fluids. Such healthcare institutions and laboratories shall provide appropriate training for their staff and ensure adequate supply of safety eqipments such as: (i) gloves; (ii) non-reusable needles and syringes; and (iii) autoclave and other devices. (2) Healthcare providers who have proven to have re-used, without proper attention to standard sterilization procedures of any instrument or product that puts a patient at risk of HIV infection shall be guilty of medical negligence and abuse of the patient's right to health and life. Both the health institution and care provider(s) involved shall be liable to penalties prescribed for such offences under Section 30 of this Law. (3) Any tradition and cultural practice that places individuals at risk of HIV- infection using unsterilized sharp objects for scarification, tattooing, incision or circumcision and other similar practices or procedures, shall be regarded as violation of an individual's rights to bodily integity, human dignity and rights to health. Anyone guilty of performing, abating, encouraging or assisting in the carrying out of such practices with the risk of exposing the victim to HIV infection shall be guilty of an offence an offense and shall be liable to such punishment as prescribed in Section 30 of this Law.

9. Transmission and exposure offences. (1) It shalll be considered a criminal offense for someone with established knowledge of his/her HIV-positive status to willfully and intentionally expose someone else or transmit the virus to another person, or engage in such behaviour or practice that are considered to put others at the risk of HIV infections. (2) A person shall be guilty of engaging in risky behaviour capable of willfilly and intentionally transmitting HIV if the person engages in intentional unprotected sex, and other acts likely to expose other persons to the risk of HIV/AIDS infection. (3) Any person who coerces or engages in sexual intercourse with another person without the consent of the latter, or if such consent is obtained under force, threat, fear, impersonation or offer of inducements whereby the victim is exposed to the risk of transmission of HIV, the perpetrator of the act shall be liable to compensate the victim to tune of N200,000 (Two hundred thousand naira) if proof of infection is provided. (4) Any partner in a marriage has the right to secure divorce in a situation where he/she considers himself/herself at risk of being infected by HIV positive partner who refuses to consent to or practice safe sex, especially the consistent use of condoms. (5) HIV-positive person shall not be prohibited from having sex or marrying anyone of their choice, provided the latter's consent is obtained and he/she informed by his/her partner either volunarily or on demand of his/her HIV-positive status, the protection of the former's right to privacy notwithstanding. (6) Where an HIV-positive person is taking a preventive measure and such measure fails as in the case of a broken condom, resulting in the HIV infection of his/her sexual partner, the former shall not be guilty of willful transmission if he/she obtained the consent of the latter to have sex, and the latter was informed of the positive status of the former. (7) Anyone charged with above offences on transmission and exposure to HIV infection shall have the right to put up a defence. However, consent shall not be considered a defence for willful or intentional transmission or exposure to HIV infection if such consent was not informed by the disclosure of the status of HIV-positive person to the consenting party.

10. Needle and Exchanges. (1) Use of needle by more than one individual without adequate sterilization following standard infection control procedure is prohibited. (2) Individuals exchanging needles and/or syringes for the purposes of injecting drug into their body, shall be considered as engaging in Risky BEhaviour capable of putting their lives and those of others at risk. Such persons shall be subject to the provisons of Section 6 of this Law.

11. Sexual Act and Relationships. (1) Sexual relationships shall be engaged in by consenting adults in such ways that protect one another from HIV infection, with considered use of scientifically approved preventive measures, such as the use of condoms. (2) Anyone who refuses to use or approve the use of condom by consenting adults in a sexual relationship, or who forces, coerces, rewards or threatens a sexual partner in order not to use condoms or protect himself/herself from the risk of HIV/AIDS infection, shall be considered to be infringing on the latter's right to health and fundamental right to life. (3) Anyone who considers himself/herself at risk of being infected by HIV or other sexually transmitted infection which increases one's vulnerability to HIV infection as a result of his or her sexual partner's refusal to practice safe sex shall have the right to terminate the relationship without any liabilities whatsoever, and shall not be molested, deprived, threatened, injured or victimized by the former on account of such decision to discontinue the relationship. (4) Any culture or tradition that encourages the compulsory inheritance of the Widow/widower of a deceased relation, notwithstanding the HIV status of either parties, shall be prohibited, except in cases of mutual informed consent of both parties intending to relate as husband and wife or as sexual partners under such circumstances that do not put parties at risk of HIV infection.

12. Sex Work or Prostitution. (1) It is a crime to force/traffic or coerce a child or adult into sex work or prostitution in the State. (2) No one shall be forced to be tested for HIV, or restricted, detained, deprived, quarantined on grounds of being perceived or presumed to be HIV infected by reason of one's involvement in sex work or prostitution. (3) Those involved in sex work or prostitution shall be subject to equal treatment with other offenders as they relate to this Law. They shall be prosecuted on the basis of their individual behavior and not on the basis of being sex workers or prostitutes or on the basis of their membership in any other group presumed to be vulreable or at high risk of HIV infection.

13. Prisons and Correction Facilities. (1) Officials of custodial and correctional in the State including prisons, police detention cells and correctional facilities for juveniles, shall ensure that inmates have access to accurate and appropriate HIV/AIDS information, counselling, voluntary testing for HIV, and proper management of opportunitistic infections. (2) Where possible and necessary, an HIV-positive inmate shall be granted, provisional release from time to time not exceeding a duration of 7days at any time, upon the recommendation of a healthcare professional, to access care and support services outside the prison, subject to availability of a surety or guarantor and with the authorization of a court order granting such provisional release based on evidence of the inmate's confirmed HIV-positive status. (3) No individual in prison custody or police detention shall be forced or compelled to undergo HIV testing except in situations where such an individual's behaviour severely puts other inmates at risk. (4) No HIV-positive prisoner or person in custody shall be denied access to treatment, care, voluntary participation in clinical trials or subjected to any other form of torture, deprivation, inhuman and degrading treatment on account of his HIV status. (5) Where an HIV prisoner or detainee is critically ill, the Court or the Chief Judge may grant release for such to undergo treatment.

14. Non-Discrimination Against Persons lnfected/Affected by HIV/AIDS No person suspected or presumed to be infected with HIV, including members of vulnerable populations and their partners, caregivers; associates and families shall be subjected to any form of restriction, stigmatization, unfair treatment or discrimination, either directly or indirectly, on the basis of their HIV status or HIV-related circumstances with repect to: (a) Healthcare; (b) Employment; (c) Welfare and social security benefits; (d) Education and training; (e) Sports and recreation; (f) Associations and membership to organization; (g) Accommodation and residency; (h) Grade unions and qualifying bodies; (i) Access to transport and movement; (j) Superannuating and insurance; and (k) Provision of goods and services. 15. Non-vilification of HIV Infected/ Affected Persons. (1) No person shall be subjected to any form of vilification including abusive, malicious and derogatory treatment or stereotypes based on preconceived assumptions and stereotypes of a group which one is presumed/perceived to or actually belongs to, with the intention of bringing the individul or members of the said group into hatred, ridicule, contempt, molestation, stigma, slander or disrespect, either directly or indirectly, on the basis of such a person or group's perceived or actual HIV-positive status or HIV-related condition. (2) Anyone who conspires with another person or group of persons and falsely declares that a person is HIV-positive whereas the latter is HIV negative shall be guilty of libel and shall be charged for defamation according to the provisions of Section 32 of this Law.

16. Representative Complaints. (1) Powers shall be granted to representative bodies, community groups, unions, including public interest organizations, to file cases on behalf of a complainant that is discriminated against, treated unfairly or whose rights are abused as a result of his or her HIV status. Such interest organization shall be granted powers to investigate and to redress systemic discrimination involving HIV-positive individuals. (2) Cases or complaints lodged by complainants or their representatives shall be given accelerated hearing and judgments delivered within 90 days after adoption of written addresses. (3) The court shall grant special protection to allow representative bodies to pursue a case to conclusion even when a complainant dies before the conclusion of a case.

17. Privacy and Confidentiality Protection. (1) To keep the confidentiality of information on the status of HIV-positive person(s), representative bodies shall be granted the authority to use pseudonyms and provisional names to represent complainants. (2) Cases involving HIV/AIDS individuals shall be authorized to be reported using pseudonyms to protect the identity of the parties involved. (3) A person living with and or affected by HIV/AIDS shall have the right to privacy and confidentiality of his/her private life. (4) A person shall not disclose information in respect to the HIV status of any individual without the prior consent of the latter. The result of HIV tests shall be delivered to the owners in person and by hand, as opposed to use of telephone or delivery to any other representative without the prior consent of the owner of such results. Any action contrary to this provision shall be a breach of confidence and violation of the persons right to privacy, and the offender shall be liable to pay compensation for damages as shall be determined by the court under the provisions of Section 32 of this Law. (5) Utmost confidentiality of HIV status of workers shall be held in the strictest confidence by employers particularly during the course of making compensation claims, and shall only be disclosed to a third party within or outside the place of employment with the written or expressed prior consent of the employee in question. (6) Exception to the right to confidentiality and privacy of information on the HIV status of an individual with or without expressed consent shall exist in the following situations: (a) where such disclosure is medically indicated for purposes of precautionary measures in which case the disclosed information shall be handled with the strictest level of confidence by the health institution or personnel involved; (b) where an individual is scheduled to undergo a surgical operation, and such information on the HIV status of the patient shall be handled with utmost confidence by the health personnel and others with direct legitimate access to such information. Conversely, a patient or his/her representative in the case where the patient is unable to act on his/her own behalf, shall have the right to know the HIV status of a personnel health worker scheduled to operate him/her, and must give informed expressed disclosure prior to such operation before being operated upon; (c) where such disclosure is mandated by a court of law for purposes of evidence in respect to charge related risk of exposure or transmission of HIV; and (d) where intending couples are required but not obliged, based on moral and ethical grounds, to disclose their HIV status to each other for their own mutual interest and protection.

18. Employment. (1) No individual shall be refused or discriminated against in the offer of employment on the basis of his/her status or HIV-related circumstances. (2) A mandatory HIV test shall not be required from any applicant as a requirement for employment in any public or private institution or by any individual employer of Labour in the State. (3) No person shall be dismissed from his/her place of work on account of his/her HIV status, especially when the person is able to meet the inherent performance requirements of the job. However, employers must give HIV- positive employees reasonable accommodation on health grounds to the extent that does not cause unjustifiable hardship or liability to the employee and employer. Where an employee has become terminally sick or medically declared as totally unfit to work, the full benefits of the employee must be paid in full within 3 months of disengagement. (4) Persons who are HIV-positive shall be entitled to all rights and privileges that accrue to every Staff of the institution with regards to health benefits including insurance coverage, social security, superannuation, leaves, allowances, sickness and death benefits. (5) No person in the State shall have his/her insurance policy revoked or affected by an individual’s change in health status following the issuance of such policy and if such individual accordingly pays his or her premium, except on the basis of reasonable actuarial data, in which case HIV/AIDS shall not be singled out or treated differently from other analogous medical conditions. (6) No employer of Labour, including private individuals and/or public sector employer shall single out HIV and STI testing as a routine medical examination for employees. Where such tests are included as part of a broader medical examination, results of such examinations shall be kept in the strictest confidence. Individuals subjected to such examinations must have access to pre and post-test counselling. (7) All employers of Labour shall operate a comprehensive health policy that protects workers on the job from being infected by HIV as a result of their work. (8) No person in the State shall be prevented or restrited from engaging in any legitimate occupation of his/her choice on the basis of his/her HIV status.

19. Codes of Professional Ethics. (1) All public and Private Sector employers of labour and professional groups shall develop and enforce appropriate HIV/AIDS policies, codes of conduct and practice. Such employers and professional groups includes healthcare workers, media professionals, superannuation’s and insurance professionals, other employers and industrics where employees may be at risk of HIV transmission, and trade unions. (2) In pursuance of the provisions of subsection (1) of this Section, such professional codes of practice shall include a wide range of issues including: (a) confidentiality and privacy protection; (b) informed consent to HIV testing; (c) duty not to unfairly discriminate on basis of HIV status; and (d) duty to minimize risk of HIV transmission through adoption and enforcement of safety standards and universal infection control precautions.

20. Vulnerable Children. (1) No person or group of persons in the State shall engage in child trafficking, prostitution, sexual exploitation, abuse or other such acts or practices that expose children from and/or resident in the State to the risk of HIV infection. (2) All schools within the State shall ensure that children have access to appropriate information and education on avoidance of HIV and other Sexually Transmitted Infections and how to cope with life within and outside school in situations of being HIV infected or affected. (3) All children within the State shall have the right to access voluntary and confidential counselling and testing with the consent of the parent or guardian. (4) All children within the State shall be entitled to special protection by the State, Communities and families, and they shall be provided special protection and assistance if deprived of family environment, including foster parenting and alternative care, protection and adoption in accordance with existing enactments and regulations, particularly children orphaned by HIV/AIDS. (5) Where a child is considered or made vulnerable to HIV/AIDS, including those infected with, affected by or orphaned as a result of HIV/AIDS, decisions on custody, fostering or adoption shall be to the best interest of the child, and such circumstances shall not be used as a reason for subjecting the child or Children to mandatory HIV testing. The HIV status of such children or their parents, if known shall be treated with the strictest level of confidence, and placements shall be made as with any other analogous medical condition without special reference or undue attention to the HIV status of the child or children involved. (6) No child in the State shall be subjected to any derogatory, discriminatory and dehumanizing treatment or any other treatment considered as injurious to the health and well-being of the child, including scarification, female circumcision and other non-medically indicated practices that put the child at risk of HIV infection. (7) No child in the State shall be discriminated against or denied admission into any school or institution of learning within the State on the basis of his/her HIV status. (8) Every pregnant woman in the State shall be required to consent to voluntary coafidential testing for HIV with pre and post-test counseling in order to guarantee the health of the child and facilitate prevention of mother and child transmission of the viruses in cases where the mother is HIV positive. (9) All women in the State, including HIV-positive women, shall be entitled to the highest available standards of ante-natal, pre-natal and post-natal care to ensure the survival of both mother and child. No health institution in the State shall refuse to attend to a pregnant woman on the basis of her HIV status.

21. Property Right. No one shall be denied the right to acquire, benefit, inherit, purchase or own property in the State nor disadvantaged in respect to the exercise of such fights on the basis of his/her HIV status or HIV-related circumstance.

22. Evidentiary Standard Proving Discrimination. (1) Making HIV/AIDS condition only one of several reasons for doing discriminatory acts would be sufficient to ground a Case. (2) Making casual connection rather than proof of intent, between the discriminatory conduct and HIV/AIDS would be a requirement to find a case under this Law.

23. Regulation, Therapeutic Goods and Services. (1) All laboratories and health institutions in the State carrying HIV tests andb case management must be government approved, and operated by qualified medical personnel professionally licensed to provide such specialized services. (2) All materials or equipment including kits for testing HIV/AIDS shall be certified to be in compliance with the World Health Organization Standards. (3) All centres providing HIV/AIDS Voluntary Confidential Counseling and Testing shall be registered with the State Agency for control of HIV/AIDS and certified by the State Ministry of Health following guidelines as detailed in the protocols of the Federal Ministry of Health. (4) All HIV screening reagents for use in the State, whether existing reagents or new ones being introduced, must be certified by NAFDAC and approved by the State Ministry of Health, and subsequent batches of these reagents shall undergo periodic quality assurance tests before they are marketed or used within the State. (5) All traditional healers and health professionals managing HIV/AIDS ceses with other remedies other than the Government/NAFDAC approved Anti-Retroviral Therapies shall submit their remedies to the State Ministry of health in consultation with the State Agency for the control of HIV/AIDS for verification and certification and recommendation for use by the public. (6) The use of home and/or rapid test kits for HIV testing are prohibited from personal use in the State on grounds of avoidance of potential misinterpretation of results, loss of valuable epidemiological data, loss of counselling and possibility of misuse and abuse by employers and insurers. (7) Other laws aimed at ensuring consumer protection notwithstanding, the promotion, advertisement, sales, distribution and use of uncertified therapeutic products, goods and services claimed to be related to the prevention, cure, treatment or management of HIV/AIDS or attendant opportunistic infections is prohibited by this Law. (8) In pursiance of subsection (7) of this Section, fraudulent claims regarding the quality, safety and/or efficacy of HIV/AIDS-related drugs, vaccines and medical devices are prohibited in the State. This however, does not apply to known or general claims about the ability of local food supplements, alternative, traditional and herbal remedies to improve the functioning of the immune system. (9) The sales, distribution and use of expired, substandard and uncertified condoms, bleaches, syringes and other products necessary for the prevention of HIV/AIDS is prohibited. In pursuance to this provision, relevant regulatory bodies and State Agency for the control of HIV/AIDS shall conduct routine counter checks and monitoring of such products and distributors of such sub standard products shall be liable to such penalties as prescribed in Section 29 of this Law.

24. Ethical Research. All HIV related research being carried out in the State involving human participants such as in the development of safe and efficacious pharmaceuticals, vaccines and medical devices must conform to the World Health Organization Guidelines for good clinical practice for trial of pharmaceutical products and should conform to International Standards, guidelines, ethics and principles for biomedical research involving human subject which principles and standards include: (i) community consultation on research design, implementation and evaluation, as well as publication and use of research resuts; (ii) non-discriminatory selection of participants including women, children and minority populations; (iii) informed consent obtained from subjects or participants of the research; (iv) confidentiality of personal information obtained during research; (v) equitable access to information and benefits emanating from research; and (vi) protection of research subjects and participants from stigma and discrimination.

25. Right to Education and Information on HIV/AIDS. (1) Everyone shall have the right to seek and acquire and dissemninate accurate and appropriate information on ways of preventing and managing HIV/AIDS, including use of the media and other preferred means. (2) Notwithstanding existing laws, on censorship of material with sexual contents,the production, distribution, display and use of obscene and pornographic material is prohibited by this Law. However, genuine educational or scientific materials produced, used or distributed for educational purposes shall be allowed on the basis of age appropriateness of audience. (3) The provisions of the right to education and information on HIV/AIDS notwithstanding, the principle of confidentiality and privacy must be respected in seeking and giving of HIV-related information.

26. Freedom of Expression and Association. (1) Every community or group of persons has the right to establish and register an association for the purpose of HIV/AIDS intervention. (2) The media shall be sensitive in reporting cases of HIV/AIDS, and shall in the course of reporting such cases related to HIV/AIDS, observe the principles of privacy and confidentiality according to the provisions of Section 17 of this Law. In pursuance to this, State Agency for the control of HIV/AIDS shall regulate and ensure that the media is not responsible and sensational in its portrayal of HIV/AIDS issues in ways that contribute to public hysteria and stigma. (3) In reporting HIV/AIDS issues, the media shall use appropriate language and avoid use of stereotypes in the depiction of members of vulnerable groups and persons living with and/or affected by HIV/AIDS. As such, individuals who feel that their stories have been misrepresented by the press or other media or their agents, will have the liberty to make complaints to such regulatory bodies as State Agency for the control of HIV/AIDS or to a court of law to seek for redress and possible compensation. (4) No person’s right to movement shall be restricted in the State on account of his/her HIV status. (5) Persons living with and/or affected by HIV/AIDS shall have the right to form and register support groups for the welfare of its members, and shall not be denied any rights or privileges that accrue to other similar social groups.

27. Free Legal Aid Services. (1) Persons living with and/or affected by HIV/AIDS shall have access to government pro bono legal aid services upon application to the State Attorney General and the State Agency for the control of HIV/AIDS, if they are unable to afford a counsel for their own defence. (2) Non-governmental institutions and public interest organizations are by this Law empowered to operate and provide pro bono legal services to HIV/AIDS infected/affected person(s) in need of such services.

28. Right of Appeal. Anyone infected with or affected by HIV/AIDS or his/her representative, shall have the right to appeal to a court of higher jurisdiction if he/she is unsatisfied with any judgment passed on a case in which he/she is a party.

29. Offences on Interference with the Work of the Agency. Anyone who interferes with the duties and functions of the Agency shall be guilty of an offence and shall be liable to imprisonment for a period of not more than six months or a fine of not less than N100,000 (One Hundred Thousand Naira)or both.

30. Public Health Offences. Anyone who contravenes the provisions of this Law in relation to voluntary testing and informed consent, notification of coded information, partner notification of HIV status, irresponsible behavior capable of putting others at risk of HIV infection, negligence in ensuring the safety of blood and blood products, or other related public health hazards resulting in negligence to observe universal infection control precautions or indulgence in harmful traditional practices capable of transmitting HIV; shall be guilty of a public health offence and shall be liable to a maximum of 10 years imprisonment or a fine of not less than N4500,000(Five Hundred Thousand Naira) or both, and shall take responsibility for payment of damages caused by such contraventions to an amount determined by the extent of damage incurred and claimed by the victim and as ordered by the court.

31. Intentional transmission/exposure to HIV/AIDS offences. A breach in the provisions of this Law in relation to willful and intentional transmission/exposure to HIV/AIDS, use or exchange of needles, unhealthy sexual acts and relationship, sex work or prostitution and access to care and support by persons in custody shall constitute a criminal offence. Anyone guilty of such offence shall be liable to a criminal offence. Anyone guilty of such offence shall be liable to a minimum of 3 years and maximum of 10 years imprisonment or a fine of not less than N500,000 (Five Hundred Thousand Naira) or both, and shall take responsibility for payment of damages caused by such contraventions to a tune determined by the extent of damage incurred and claimed by the victim and as ordered by the court. However where rape is implied, the provisions of the criminal code shall apply.

32. Anti-Discrimination and Protection Offences. Anyone who contravenes the provisions of Scctions 14 to 22 of this Law including breaches involving direct and indirect discrimination, vilification, privacy and confidentiality, employment, codes of professional ethics and exploitation of vulnerable children and women shall be guilty of an offence, and shall be liable to a mininmm of 4 years imprisonment and a maximum of 12 years imprisonment, with or without a fine of N1,000,000.00(One Million Naira).

33. Regulation of Therapeutic Goods, Services and Information Offences. (1) Anyone who contravenes the provisions of Sections 23 to 26 of this Law including breaches involving failure to meet up with required standards, quality, ethics and statutory requirements for therapeutic goods, services, rescarch, professional practice, devices and information in relation to HIV/AIDS, shall be guilty of an offence, and shall be liable to a mininmum of 4 years imprisonment and a maximum of 12 years imprisonment, with or without a fine of N1,000,000.00 (One Million Naira). (2) In addition to the above penalty, the court may advise in the case of gross breach of professional ethics, the withdrawal of the license of such guilty professional by the professional body regulating such practice in Nigeria.

34. Power to make Regulations, Rules and Orders. The Attorney General in consultation with the State Agency on AIDS shall have the powers to make Regulations, Rules and Orders. Application under this Law as circumstances demand include: (a) provision for incidental and supplementary matters as he may deem appropriate for the purpose of this Law from time to time and to the best interest of persons infected with or affected by HIV/AIDS; and (b) making different provisions for different circumstances in line with the purposes of this Law and to the best interest of the public.

35. Application of the Law. This Law shall apply to all individuals, public and private institutions and the State.