Critical issues arising from litigating HIV/AIDS discrimination in Nigeria

Date01 December 2021
DOI10.1177/13582291211025137
Published date01 December 2021
AuthorBola Fajemirokun
Subject MatterArticles
Article
Critical issues arising
from litigating HIV/AIDS
discrimination in Nigeria
Bola Fajemirokun
Abstract
The evolution of HIV/AIDS policy and legal frameworks in Nigeria has happened in
distinct phases. The first period between 1986 when the first AIDS cases were reported
and 1996 was uneventful and generally characterized by a distinct lack of appreciation of
the spread and impact of the disease. During the following decade, notable achievements
included the institutionalization of multisectoral responses at all levels of government
and the introduction of national and sub-national policies and programmes. Comparable
breakthroughs have been slow to occur in the legal environment despite evidence of
widespread HIV/AIDS discrimination. This article analyses the legal mechanisms for
addressing HIV/AIDS discrimination in Nigeria and argues that even with the emergence
of HIV/AIDS-specific anti-discrimination legislation, the protection for persons living
with or affected by HIV/AIDS is far from being secured.
Keywords
Nigeria, HIV/AIDS, discrimination litigation, HIV/AIDS-specific anti-discrimination
legislation, fundamental rights, human rights
Introduction
Nigeria’s first AIDS cases were reported in 1986 but it was not until 1996 that concerted
national-level programmatic responses were introduced (UNDP, 2004, pp. 56–57).
There have since been notable milestones at all levels of government and the introduc-
tion of national and sub-national policies aimed at reducing HIV infection. A key
Principal Partner, F & F Law, Lagos, Nigeria
Corresponding author:
Bola Fajemirokun, Principal Partner, F & F Law, Lagos, Nigeria.
Email: info@fajandfajlaw.com
International Journalof
Discrimination and theLaw
ªThe Author(s) 2021
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/13582291211025137
journals.sagepub.com/home/jdi
2021, Vol. 21(4) 313 –327

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