“Hell hath no fury like a woman scorned!”
Section 24 (1) of the HIV & AIDS Prevention and Control Act 2006, provides that a person who is aware of being infected with the HIV Virus shall take all reasonable measures and precautions to prevent the transmission of the virus to others by informing them before any sexual contact or sharing of needles.
The Convention on the rights of the Child has spelled out the basic human rights which children have and they include, right to survival, development to the fullest, protection from harmful influences, abuse and exploitation among others.
Section 9 of the Children’s Act of 2001, states that every child has a right to health and medical care.
Emily is four years old and recently she tested HIV positive! Both her parents are HIV negative and she was born without the virus. We all love free things , thus her parents jumped to an offer any reasonable person could not refuse, when a friend of the family who is a nurse at a local hospital, offered to treat little Emily at no cost anytime she fell sick; and all her parents were required to do was take her to her house. The Nurse-friend together with her two children are living with the HIV virus and are on ART. Emily’s mother was aware that her friend and her children used to take medicine everyday at eight and similarly at night but due to her ignorance she never sought to know why and what they were for claiming she did not want to be intrusive. One day little Emily was not feeling well and her mother diligently took her to the Nurse-friend, to do the necessary only she did more than that. Emily reported to her mother that their trusted friend had injected her hand and then proceeded to inject little Emily with it but the mother thought it was just a gimmick to induce Emily not to refuse or cry when being injected.
Now, she cries, regretting, angry, and filled with guilt. How can she live with herself? She asks. Her Nurse-friend, who has been sick on and off, is currently bedridden, and she has now known that all along her Nurse-friend has been living with the virus. Close friends to the nurse claim that she was so angry when she found out about their status and she vowed to make others go through what she had been going through. She is known for her reckless life but because Emily’s mother accepted her as a true friend she never questioned her on her life. That is the price little Emily has to pay for her mother’s ignorance and for the nurse’s anger.
Unfortunately nothing can be done about her because proving that an individual has transmitted the virus can be exceedingly difficult. In this case of intentional transmission evidence needs to be found that the nurse actively intended and wanted to infect little Emily. Unless there is physical proof such as the alleged syringe filled with HIV positive material, a note, or a confession, it can be just one person’s word against another , in this case little Emily’s word against the Nurse.