STRICTLY CONFIDENTIAL Questionnaire

Section A

Read the following situational statements on Human Rights and HIVIAlDS and respond to the questions that follow: Please answer all questions.

Situational Statement 1

Many communities argue that virginity testing is a way of protecting the youth against lllV.

Thns at routine intervals all the young girls (and occasionally boys) are publicly tested whether or they are virgins or not.

1.1 What is the nature of discrimination experienced by young boys and girls in this Situational Statement?

1.2 What human rights do you think were violated through this practice of virginity testing?

'There was a wotnen working at the travel agency... who reported her lllV status to the powers-that-be and the next thing I knew, I was called in and told that I was a shoddy worker and I must please leave.'

1.3 What is the nature of discrimination that was experienced by the women mentioned in this Situational Statement?

1.4 What human rights wete compromised or violated?

Situational Statement 2

An elderly woman who w~s caring fort8 orphans in Mpolweni, was interviewed by the Natal_~itness. !hecomm~nityt~r:ea~~nedto beat tier_u~rmd accused her_o~tryingto drive away Job creatiOn and commuDlty development

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the area by speaking about lllV.

They said other people wo.tld see Mpohveni as a place fdil of "AIDS". . .'

2.1 What do you think is the nature of discrirr1iliation that was experienced by this elderly women?

2.2 What human rights were comprised?

2.3 If you were to receive a complaint from a client on a matter of this nature, what action would you take to address the problem?

I was employed by a company that requested me to take an

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test. I went for the test and found out I was

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positive.

2.4 Do companies have a right to ask any of their employees to go for an

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^test?

2.5 Ifyou were to advice this employee as your client, what advice would you give?

Situational Statement 3

On World AIDS Day, 1 December 1998, Gugu Dlamini publicly disclosed her

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stutus at an openness and acceptance rally - a community event aimed at 'breaking the silence about HIV'. However, she did not receive acceptance or support from her community as immediately after the rally she was threatened by a youth who promised that he would return to assault her later. On the 12 December 1998, Gugu Dlamini was severely assaulted by a gang of youths outside a shebeen where she had been drinking. She was taken to hospital where she later died of her injuries. She left behind a partner and a 13-year old child.

3.1 What was the nature of discrimination experienced by Gugu Dlamini and/or her family?

3.2 If you were to run a workshop in your community what would you highlight about human rights violations experienced by Gugu Dlamini and/or her family?

'Thabang faced a lot of complications. After his father died, I told his teacher that I was HIV positive. All the teachers at the school said, "Do not touch that child, his mother has AIDS".'

3.3 What was the nature of discrimination experienced by Thabang and/or his family?

3.4 If Thabang's family were to bring this matter to your attention for advise, what action would you take as a paralegal?

Situational Statement 4

'I tried to inforni one of my colleagues. After a couple of months, it spread all over the company and I d~cidedto leave.'

4.1 Do you think this employee faced any form of discrimination? If so, what kind?

There were 2 children at the Children's Home who were

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positive but the staff were not treating thelli correctly, it was not like the other kids. They used to swear at them and sometimes they did n't even wash their clothes.

4.2.1 What is the nature of discrimination that was faced by the two children and/or their families?

4.3 What human rights were compromised or violated?

Situational Statement 5

'So it hit the newspapers... Someone spray-painted "fags" on the side of the house, and bricks were thrown at our windows. Somebody poisoned our dogs.'

5.1 What is the nature of discrimination that was faced by the "fags"!homosexuals?

One child of 16 months was taken to hospital as she had systematic thrush; the nurses told the mother there was nothing they could do for her as she was an "AIDS baby". The mother and child were sent home without treatment and the baby subsequently died.

5.2 What is the nature of discrimination that was faced by this mother and her child?

5.3 What human rights were violated by the hospital authorities?

5.4 What advice would you have given if this matter was presented to your office?

Section B

6.1 What contribution do you think para-legals can make towards prevention of the spread of HIV/AIDS?

6.2 What contribution do you think para-Iegals can make in their respective communities towards care, support and treatment for people affected and/or infected by HIV/AIDS?

6.3 What are your concerns as a paralegal on your role to advocate for the human rights of people living with HIV/AIDS and/or their families?

6.4 What recommendations can you make to address those concerns?

6.5 Do you know of any government policy or legislation that is aimed at dealing with issues ofHIV/AIDS? Ifso, kindly name the policy or statute.

6.6 What further learning needs can you identify to help paralegal practitioners to be effective in managing HIVIAIDS?

Note: Situational statements Adapted from: 'A Primary Capacity Development Course for Government Planners, 2001'