Summary, Recommendations and Conclusion
5.7 LEARNING NEEDS OF PARA-LEGALS FOR MANAGING lllV/AIDS
Para-legals identified the following areas as learning needs:
• Intensive training on all aspects ofHIV/AIDS. This includes training on HIV/AIDS and Human Rights of people living with HIV/AIDS and/or their families.
• Training on counseling.
• Training on Labour Laws that relate to HIV/AIDS.
• Fonning local networks and coalitions.
• Conducting HIV/AIDS workshop in local communities.
On assessing the CLRDC's course content for Diploma in Para-legal Studies (refer to subjects outline in Appendix 5), the following subjects were identified as part of areas where gaps still exist in tenns of IllV/AIDS incorporation:
•
Constitutional Law•
Criminal Law•
General Principles of Delict•
Gender and Children Rights•
Human Rights•
Labour Law•
Occupational Injuries and Disease•
Role of para-Iegals and Code of Conduct•
Social Welfare•
Social Components•
Unemployment Insurance Law•
Law of Contracts•
Law of SuccessionThese will have to be taken into consideration when a new learning programme is designed by CLRDC as a result of this study. The learning programme for para-legals would integrate IllV/AIDS once contents of the training materials on the above-mentioned subjects have been revised. The new materials will be used for para-Iegals participating in the Diploma Course in
Para-legal Studies and the practicing para-Iegals that would participate in the Continued Legal Education sessions.
5.8 CHALLENGES AND RECOMMENDATIONS
It is clear that the challenges posed by lllV/AIDS require both a global and a local response.
There is a need for integrated intervention strategies. Some of the issues to grapple with may include looking at questions such as:
How could lllV/AIDS networks, as a need identified by para-Iegals, be sustained given the dwindling fmancial support from foreign donors and the South African government's current stance on provision of funds for lllV/AIDS initiatives by NGOs?
There is still a need to develop the will among all stakeholders at a local community level, knowledge, values and skills required to prevent the spread of AIDS. This will never be sustainable without the concerted efforts of government, local communities, non-governmental organizations, research institutions and faith-based institutions. It calls for a full range of inter- related or integrated approaches. These may include spreading information of sexual abstinence, mutual fidelity, condom use and safe practices in relation to blood and needles. Also, further studies on how para-Iegals can contribute towards provision of counseling services to people living lllV/AIDS and/or their families.
KwaZulu Natal, as one of the leading prOVillces ill South Africa in terms of lllV/AIDS prevalence, faces the major challenge of making a positive response to combat the spread of lllV/AIDS. I concur with the suggested communications framework for lllV/AIDS that is key to the success of the intervention strategies that depends on sound lllV/AIDS communication strategies as suggested by Spanier and Piot, (1999:27). The five most important domains in the context of lllV/AIDS focused on developing communication strategies for lllV/AIDS prevention, care and support which ties in with the findings in Literature Review and those that para-legals have identified as their learning needs. These are:
Government policy. The role of policy and law in supporting or hindering intervention is one challenge that must be looked at. Para-legals could play a pivotal role in empowering local communities with lobbying and advocacy strategies that would ensure that lllV/AIDS issues are
prioritised and adequately addressed by the government. The local community workshops that para-Iegals would conduct after receiving training could be used as a platform for development of lobbying and advocacy strategies. This will never succeed unless para-legals are kept abreast of the new and changing government legislation and policies. On-going training of para-Iegals on the continuously changing legal environment will ensure that para-Iegals provide up-to-date information to the community all the time. The CLRDC Continued Legal Education programme would serve this purpose and must ensure that IDV/AIDS form part of the training programmes all the time.
Socio-economic status. Collective individual income that may allow or prevent adequate intervention is another challenge that should be looked at. Since IDV/AIDS is closely linked to poverty, socio-economic status of individual members of the community will need to be improved. Advocating for social grants aimed at alleviating poverty is one area that para-Iegals would specialise in. Itis recommended that the CLRDC training on social welfare would have to be reviewed to ensure that people living with IDV/AIDS and/or their families, also benefit from the paralegal services.
~ulture. Positive, unique or negative characteristics that may promote or hinder prevention and care practices are a challenge that should be taken into consideration. Traditional and western practices would have to be monitored to assess the most appropriate to contribute to prevention of the spread without compromising individual rights to self-determination. This will raise awareness about risky practices such as virginity testing identified as a violation of rights and discriminatory by para-Iegals.
Para-Iegals could raise the consciousness of individuals and groups on cultural and moral rights.
Therefore a trainiIig programme aimed at addressing culture among diverse groups will be necessary to put the contribution of culture to the spread of
:H:rv/
AIDS on the agenda of community educatibn is recommended. Para-Iegals concerns about traditional norms that might hinder their role of advocating for the rights of people living withmv/
AIDS and/or their families would have to be considered during future programme design.~Gender Relations. The challenge of dealing with status of women in relation to men insociety and community and the influence on negotiating and decision-making will make a meaningful contribution in preventing the spread of infection between men and women. Gender sensitization
{ workshops would be beneficial in raising awareness on how gender relation may fuel the spread of IllV/AIDS. This fits in well with the learning need of para-Iegals to conduct workshops and establish networks. Women's issues cannot be adequately addressed without men's involvement.
Para-legals as trusted people within the community can bridge the gap between gender groups through education and counseling.
It is recommended that the CLRDC current training programme on gender and children rights would have to be reviewed to ensure that issues of IllV/AIDS are addressed for the benefit of the community that CLRDC paralegal office and/or resource centre serves. Also, further research to focus on attitudes towards sexual relations and practices would be necessary.
Spirituality. The role of spirituality and religious values in promoting or hindering the translation of prevention and care messages into positive health are also important for addressing the HIV/AIDS problem in South Africa, particularly at a local community level. Networking with religious bodies at community level would be helpful. Para-Iegals can be a strong force to bring the stakeholders together.