Mandatory HIV Tests A Thorny Issue
By Pauline Waruguru
Nevis Reporter-SKNVibes.com
Charlestown, Nevis: Mandatory HIV tests are a requirement by various sectors in St. Kitts and Nevis, participants were told yesterday (Wednesday) by a St. Lucia based Attorney, Catherine Spooner, who is also an ardent advocate on HIV and AIDS.
She said there was a policy of HIV testing of applicants for work permits and citizenship although children by descent under the age of 12 are exempt from testing. Prisons inmates and persons on remand are also tested for HIV.
Spooner also told participants that the Defense Force requires successful applicants to test for HIV and like most places in the region, said Spooner; it is a practice in the Federation that persons seeking life insurance of and over the sum of $100,000 EC take an HIV test. Some employers, she said required that potential employees test for HIV before they get employed.
Spooner made the revelations during a consultation at which she disseminated findings following a survey she and other consultants conducted early this year contained in a draft report titled Assessment Of Law, Policy And Practice As It Relates To HIV/AIDS In The Federation Of St. Kitts and Nevis.
The participants, who were drawn from various sectors, had gathered at the Methodist Church Hall to respond to the draft report. Spooner said the work permit policy was not constitutional and had to relevance to person’s ability to work, “visitors to the Federation who are at higher risk are not required to pass a HIV test,” Spooner pointed out.
Photos: Nevis participants at the Methodist Church Hall on Wednesday
The report’s recommendation is that the Immigration and Passport (Amendment) Regulation SI No. 33 of 1991 is amended in order to repeal the provision requiring proof of having passed an HIV test as part of an application for a work permit.
~~Adz:Right~~ She said the requirement was a breach of international standards and protocols, which St. Kitts and Nevis have signed to. She said all Caricom countries, except St. Kitts and Nevis, have reached a consensus that the requirement for a mandatory HIV test in order to access a work permit should be repealed.
Spooner said the Federal Cabinet during focus group sessions agreed that the requirement for passing a HIV test to access work permits would be amended. Spooner hoped that other stakeholders would understand that it was an infringement on fundamental human rights.
“There is need to develop modules on the promotion of the principles of tolerance and human rights in HIV/AIDS education programme,” she said.
On prisoners, she said persons interviewed in the Federation were comfortable with the policy. After inmates are tested, the results are given to the Medical Health Officer. Should any test positive, they are medicated. Spooner and her team held focus groups with prisoners. “Prisoners do not mind being tested.” She recommended that they be tested while leaving the prison because they went back to girlfriends and husbands.
But Spooner said there was no medical rationale requiring persons in the defence force to have a mandatory HIV test, “HIV does not prevent anybody from working.”
In the month of July 2007, Spooner and OECS HIV and AIDS consultants were in the Federation to conduct a National Assessment to help increase the understanding of the national, legal and policy environment in an effort to strengthen capacity to reduce the impact of HIV and AIDS through enhanced advocacy, policy development and legislation.
The facilitators held consultations with NGOs, Men Having Sex With Men (MSM), Sex Workers (SX), Chamber of Commerce, Employer’s Organisations, Labour unions, Government ministries, Bar Associations, Constituency Groups, Women, Prison authorities and Prisoners and Medical Personnel.
