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HIV+ Ugandan Woman’s Appeal Dismissed
Tuesday May 27th 2008 saw the publication in NAM’s Aidsmap news, of the decision by The European Court to dismiss the appeal of a Ugandan woman whose previous application and appeals had also failed, to remain in the UK under article 3 of The European Convention on Human Rights, as her removal from the UK would lead to her death within 2 years. Many charities in the UK have been hopefully and eagerly awaiting the results of this appeal, however sadly this final legal avenue has now been closed.
This has been a long drawn out battle dating back to 1998 when this lady first arrived in the UK. She was seriously ill and admitted to hospital. She was diagnosed with two AIDS-defining illnesses. Her first appeal in 2001 was rejected by the UK government as it was argued that antiretroviral drugs are available in Uganda at subsidised cost. Uganda is one of the 15 countries that receive funding from America’s $15 billion PREPFAR (Presidents Emergency Plan For AIDS Relief) initiative. This is a pledge made in 2003 to pay $15 billion over 5 years to turn the tide against AIDS in the most afflicted nations.
Only in June 2004 has Uganda begun to offer free antiretroviral medication to people living with HIV. Uganda’s target was to have 60,000 on treatment by the end of 2004. This target was missed and 40 – 50,000 were receiving drugs by the end of 2005 and 96,000 by the end of 2006. According to its government, the number of people on treatment had risen to 110,000 by February 2008. Uganda has around a million people living with HIV/AIDS.
This Ugandan woman’s lawyer argued that her deportation would breach article 3 of The Convention of Human Rights which enshrines one of the fundamental values of democratic societies “prevention of torture and inhuman or degrading treatment or punishment”. If removed from the UK, this lady’s legal representation states that she will die within two years. Both the House of Lords and now The European Court have rejected the argument that this constitutes a breach to her human rights. HIV campaigners have been quick to point out that access to HIV treatment available in Uganda (and many other nations) is limited and that just because a country has drugs does not mean that everyone in that country can access them, let alone pay for them.
This is indeed sad news to many of us working with asylum seekers who are diagnosed whilst in the UK. Many have had to face and come to terms with their HIV, which in their country of origin means death. With support and treatment they are able to believe that life can, and does, go on. It does then seem inhuman to dangle the gift of life and then take it away completely!