Integration of human rights into Kenya's response to HIV/AIDS: Processes practices and implications for future action

Human rights have been linked to effective response to the spread and impact of HIV/AIDS. The legal environment and national policies are therefore supposed to promote, protect and fulfill and address HIV/AIDS-related stigma and discrimination. This paper will discuss Kenya's efforts in this arena, specifically through national legislation and efforts to clarify and develop policies to achieve global goals pertaining to human rights. The HIV/AIDS Prevention and Control Act as a case study to examine competing discourses of human rights in the context of prevention, treatment, care and support. Content analysis will be used to (a) trace Kenya's HIV/AIDS legislation and the inclusion of human rights in legislation, as well as the implementation of the law thus far; (b) the promotion, protection and fulfillment of human rights for specific populations (such as women, children, prisoners, men who have sex with men, injected drug users); and (c) the extent to which the law conforms to international guidelines and recommendations on HIV/AIDS and human rights. Recent court decisions related to the aforementioned law and 16 cases brought to the HIV and AIDS Equity Tribunal are used in assessing the state of affairs and identifying future directions for legislative action and public health practice.