School in Garissa to pay Sh650,000 for expelling pupil with HIV
School in Garissa to pay Sh650,000 for expelling pupil with HIV
School in Garissa to pay Sh650,000 for expelling pupil with HIV
A mother of a pupil in Grade Two has been awarded Sh650,000 by the school as compensation for her prejudice and stigmatization.
The 12-year-old student at Najah Primary School in Garissa was not rightfully expelled due to his HIV status, according to the HIV and Aids Tribunal.
The youngster’s older brother, who also attended the same institution, was entrusted by his parents to make sure the boy took his medication on time and without fail. However, the administration sent the youngster home after learning that the student had HIV.
In her testimony, the woman claimed that the school had even offered her Sh10,000 in exchange for the student’s withdrawal. She did, however, claim that the organization only sent Sh600.
According to the woman, the boy’s melancholy caused him to drop out. Najah and a man named Mohamed Noor were sued, but they never replied to the case.
The five-member panel, chaired by Carolyne Mboku, concluded that the school’s decision to expel the student due to his HIV condition was unlawful and unjust.
According to Mboku, there was proof that Najah had given the money in an attempt to get the mother to transfer or remove the child.
“It is therefore our finding that for the respondents to demand the minor to be transferred out of the school upon learning of the minor’s HIV status was indeed to discriminate against the minor clearly contravening Section 32 of the Act,” the Tribunal ruled.
The Tribunal observed that people living with HIV who experience stigma are more likely to delay enrollment into care than people who do not perceive stigma.
It also said that those who are HIV positive or at risk of the virus withdraw from society when they encounter discrimination in medical settings.
This substantially impairs our capacity to provide HIV testing, treatment, and prevention services to the public. They noted that stigma and discrimination endanger the lives of key communities, including those living with HIV, and are an affront to human rights.
They pointed out that the mother had stated in her testimony that Najah’s actions had caused the boy to stop attending school.
The Tribunal said, “It is quite unfortunate that a 12-year-old minor could face discrimination and stigma from school administrators to the point where the minor decides not to attend, which actually goes against the minor’s best interest.”
The mother received Sh250,000 in compensation for her suffering brought on by the school, in addition to Sh400,000 for discrimination.