21 April, 2019

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HIV Controversy: Legal And Medical Experts Say Rights Of Mother And Child Violated

Former Chairman of the National Child Protection Authority (NCPA) Prof. Harendra De Silva has declared that both authorities and the media have failed in their duty over the controversy surrounding the six year old child from Kuliyapitiya who is rumoured to be HIV+.

Prof. Harendra De Silva

Prof. Harendra De Silva

Prof. De Silva said that this is not the first time authorities have faltered on such a matter.

“According to the STD policy in Sri Lanka ‘the human rights of people living with HIV/AIDS are promoted, protected and respected and measures taken to eliminate discrimination.’ However, we in Sri Lanka love sensationalism, which is a standard set by the media without sensitising the people on issues such as rape, abuse or HIV. Unfortunately authorities in responsible positions do not seek advice on the legal position before making statements to the press and the press too grabs the sensational statement to sell their media,” he alleged.

According to section 3.11 of the National STD/AIDS Control Programm, “Human rights The Government of Sri Lanka will ensure that the human rights of people living with HIV/AIDS are promoted, protected and respected and measures taken to eliminate discrimination and combat stigma which will provide an enabling environment to seek relevant services. These include the rights of everyone to life, liberty and security of person, freedom from inhuman or degrading treatment or punishment, equality before law, absence of discrimination, freedom from arbitrary interference with privacy or family life, freedom of movement, the right to work (rights of the people living with HIV in the work places) and to a standard of living adequate for health and well being including housing, food and clothing, the right to the highest attainable standard of physical and mental health, the right to education, the right to information which includes the right to knowledge about HIV/AIDS/STI related issues and safer sexual practices, the right to capacity building of the individual in dealing with this condition, the right to participate in the cultural life of the community and to share in scientific advancement and it’s Safety in health care settings prevention and control of sexually transmitted infections.

Vositha Wijenayake

Vositha Wijenayake

Meanwhile, Vositha Wijenayake, Attorney-at-Law noted that even though Sri Lanka has a national HIV/AIDS policy which was to be implemented by the National STD/AIDS Control Programme of the Ministry of Health with the involvement of all relevant stakeholders, the manner in which the authorities are reacting to the current situation shows a ‘complete failure’ in the implementation of this policy.

“In its objectives under section 2.2 it provides that the policy is to be implemented to improve the quality of life of people infected and or affected by HIV/AIDS through minimizing stigma and discrimination and providing quality care and support. This is the exact thing that has not been provided to the mother and son in question,” Wijenayake told the Colombo Telegraph.

She added that given the treatment this mother and son have received, it is clear that many of the above rights have been violated. “The current situation shows a complete ignorance on HIV/AIDS, and also a lack of respect to a person’s rights, especially the rights of a child,” Wijenayake added.

Education Minister - Akila Viraj Kariyawasam

Education Minister – Akila Viraj Kariyawasam

On Saturday speaking to the media Education Minister Akila Viraja Kariyawasam said that the Zonal Education Director has confirmed that the child’s father had died from HIV, and even the child’s mother is HIV+.

Meanwhile, a concerned citizen questioned on what authority did the minister reveal the health condition of this woman. “We don’t know whether they are infected or not, even it is true, the question is who gave a government minister the right to reveal the HIV status of a Sri Lankan citizen to the world?,” she said.

Related posts:

Education Ministry To Draw Up Guideline To Prevent HIV And Other Discriminations At Schools

Trinity College To Rescue Discriminated Kuliyapitiya Boy

Audio: Education Minister Akila Viraj Suffering From HIV Phobia; Threatens To Separate Kuliyapitiya Mother From Child

Ranil Blames Akila Over Kuliyapitiya HIV Controversy

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Latest comments

  • 5
    1

    There are so many Ministers of this kind, including the Prime Minister who keep talking “foot in the mouth”. But this incident is much more worse than any of those, because he is the Minister of Education and represents that very electorate. Where is that “PURAVASI BALAYA”? I propose to that organization to file a case in courts for violation of Fundamental Rights of this family. If funds are necessary (I don’t believe so, because there would be enough of lawyers in that organization who would opt to offer free services) the people can organize a “Fund Raising” programme. Over to you “PURAVASI BALAYA”.

    • 0
      0

      listen to the latest version of the Kuliyapitiya child drama , now a local Gramasevaka has come to rescue the minister by providing various innuendoes , this reminds how the Police tried to convince “Seya’s murder suspects” as the real killers before the masses. no matter how hard AKV tries to cover the mess , he had been exposed ;thus, he needs to do the right thing , that is to resign !

  • 7
    0

    Sri Lanka ratified Salamanca Statement. Removing the child from the school is the violation of the Statement.

    Mother’s constitutional right to private life is violated. The fact the child has or does not have HIV is irrelevant.

  • 9
    0

    “the question is who gave a government minister the right to reveal the HIV status of a Sri Lankan citizen to the world?,” she said.”

    Minister post is the only job that is given without any requirements of being qualified. It is certainly a very important and responsible job but given out without any credentials of suitability and only on affiliation with the political hierarchy.

    Just imagine if Engineers, doctors and teachers too are appointed on such basis without educational prerequisites!

  • 1
    0

    “Rights” “Ethics” Professor what are you talking about. In Sri Lanka the rule of low is what uneducated, corrupt, idiotic politicians want.

  • 2
    1

    Sri Lanka is an HIV+ shit to the world.

  • 2
    2

    Why isn’t the GMOA addressing or commenting on this. Are they too preoccupied with their luxury car permits than to comment on this ??????

    The GMOA wants to comment on anything everything except on things connected to them.

    • 0
      0

      They are waiting until Indian Doctors come in and issue an statement. Until all the responsible parties are in slumber parties.

  • 11
    0

    This Boy is HIV Negative and they have removed his education rights. This Minister is a fool in a smart world that is how I can see from his statement. Bear in mind that a Child with HIV Positive should be allowed to study with normal children otherwise it is a clear discrimination and unlawful in many parts of the world and I assume Sri Lanka too.

    Minister should resign in order to send a clear message to the international community that we respect the Aids victim and their loved ones. Otherwise this will become a black spot for our country as I am sure UNAIDS won’t be happy about a statement comes from Education Minister of a Country and they are really depending on these minister’s support on educating school children about AIDS in their respecting countries.

    Also Minister is stating that he was told by the Education official that the father of the child died as HIV+ and mother too contract with HIV+. Its clearly stating that he never bothered to see any medical reports and giving statement based rumours from his officials. Did he ask his officials how they got to know?

    I simply say Mother will win this FR Case for sure and I am will give my fullest support to her and her son.

    Muheed Jeeran
    International Political Lobbyist and Strategist.

    • 6
      0

      Thank you
      Please come forwards and let us sue this ignorant minister and get the mother and son compensated.

  • 5
    0

    The mother should sue this ignorant minister for defaming remarks…

  • 3
    1

    First and foremost where is the famous Gamai ,pansalai ?

    ——————————————————————-

    Our Clergy are busy working relentlessly for Politicians today , and their only focus is how to bring in disharmony among people .

    I hold responsible the Village Temple and the Chief Incumbent of it. What is nobly right to have taken place should have been for the elders of the Village to have have taken the matter to the Village Temple Priest and as discreetly as possible brought the mother and child into a discussion and further proceeded for medical evidence for the virus , the next step would have been according to the result of the test, if they both are negative , then the matter should have been settled once and for all giving them both the right to live freely in the village.

    If any of them or both are found infected then there on the matter would have to be decided accordingly ,also taking into consideration the village culture.

    But here, there is no proof of any medical evidence of the case ,none knows if they are both or one is infected or not , besides the point , but blaming the Media is not a valid argument , Media reported what they were reported with,if not for the media their case would have been worse and never heard.

    But taking into consideration our Culture and traditions this is a sad ,very sad state of affairs and what is more disgusting is the stickers of The so-called bastions of the Sinhalese race displaying it on their vehicles and the Wolves behind these ignorant sheep who were making so-much parroting about the injustice the Sinhalese are going through , none of these goons are even seen protesting or reaching out to help .

    How can people live with such hypocrisy..????????????

    Is it okay to bash even a Sinhalese Buddhist as long as they are poor and helpless?

    This clearly shows how fake these groups are and if the People of this nation continues to worship such groups and continue to support them , then these people do not deserve any respect anymore.

  • 2
    0

    Whatever said and done; this child’s future has been flattened and blasted. This child will not have friends to play with, laugh with, associate with and that stigma will kindle in his mind for ever. Who knows, as he grows this “stigma” embedded in him could develop into an “enmity” and what comes out of that psychosis is anybody’s guess. Then on the other hand, if the mother too, out of frustrations of life conditions could add fuel to fire. So starting from the Kuliyapitiya educational institutions, the people, the media and now Ministerial “foot in the mouth” public utterances; the life of this child and that of the mother have been “ruined”. What a life in this country is worth with all that 98.5% literacy rating?

  • 3
    0

    Looking from another angle the issue exposes the lack of knowledge and intelligence of the politicians in Sri Lanka, who sometimes become Ministers, to deal on such matters without harming anyone. While the child’s welfare is important it is also necesary that the parental affection is also not harmed.

  • 5
    0

    Revealing identity of anyone with much misunderstood diseases which also cast a social taboo/rejection, like Sexually Transmitted Diseases ( Venereal Diseases ), Leprosy and AIDS is not done by those who have adopted the Hippocratic Oath.

    Politicians couldn’t care less.

    This minister quotes an official who does not know that people die of ‘opportunist’ infections and NOT directly due to the AIDS virus.
    He should have contacted a government doctor first.

  • 1
    0

    Well done and Congratulations to CT for picking the most stupid looking and most appropriate photograph of the mentally retarded Education Minister of Sri Lanka.

  • 2
    0

    It is high time to fix a proper school to this innocent child. This child is not blamed for this situation. I understand Trinity college old boys association has offered a place in Trinity for this child, which was not highlighted in the papers. It is a good & secured place to keep this child. He will have good future I am sure.

  • 1
    0

    “However, we in Sri Lanka love sensationalism, which is a standard set by the media without sensitising the people on issues such as rape, abuse or HIV. Unfortunately authorities in responsible positions do not seek advice on the legal position before making statements to the press and the press too grabs the sensational statement to sell their media,”

    I could not agree with Former Chairman of the National Child Protection Authority (NCPA) Prof. Harendra De Silva. Education department’s and NCPA’s first duty is, as soon as the lady started to fasting on the public road in front the schools, is to seek and injunction to protect the ID of the child. Every fault in this case is the authorities negligence and political opportunism. As the last resort, the woman sought the public support by fasting on the road with her child.

    Authorities like NCPA has to take responsibility for the ID of the Child released in the Media. Usually enslaved Lankwe media has done superb job on this job. Public has accepted the Ranjan Ramanake’s visit, which, the meeting of the child with ceremonial proceeding with media, under normal circumstances would be considered a political media circus, here as needed consolation to the family.

    Cheers to the media!

  • 0
    0

    Wasted paradise for the there’s still illegal prostitution, illegal alcohol being sold in the area’s where tourism is an economical activity, conveniently supported by the area residents the holier than thou sect & tthe law,, with every getting paid off in different ways does any body even touch on these facts that have adverse affect’s on average people’s rights.. ‘well it seems they found ways around this .simply bann locals entering these places that in most cases are built on public property with bribes paid to the municipalities.
    So its fashionable to cater to white skins than your own .. while exploiting your own citizens right to sit peacefully on a public beach & watch the sun set or Sun rise.. paradise certainly with a racist local twist.. you’ll are free to try this experience out weather my lavinia hikkaduwa unawatuna mirssa and further down south & arugam bay.. illegal alcohol & unruly social activities..

  • 0
    0

    Once again an idiot, elected by a larger bunch of idiots has successfully managed to put us in the international spotlight for all the wrong reasons. He should be sued for violating this families medical history as well as for outright stupidity. When will a sense of responsibility ever creep into these people’s minds ? He should resign immediately. Better yet he should be fired. Instead these morons continue in office only to be reelected by a ignorant population who are living in a perpetual world of short memory.

  • 2
    0

    BIG BALLS SYNDROME’S AMBIDEXTROUS ONCE AGAIN , IN CHINA THEY DO IT FOR CHILIES, SO GIVE US SIR ANOTHER ONE JUST LIKE THEE OTHER ON,……..
    ———————————————————————————-
    BBS TAKES REFUGE ONCE AGAIN IN ANTI SRI LANKAN MUSLIM AFFAIRS , ONLY TO EVADE THE RESPONSIBILITIES OF ADDRESSING THE KULIYAPITIA “CONTAMINATED SIN HE LE” ,,,INJUSTICE ..

    ………………………………………………………………………
    REMEMBER IF YOU HAVE BEEN INFECTED WITH HIV -THEN YOU ARE AN OUTCAST AND NO MORE A SIN HE LE. YOUR BLOOD BECAME “KUNU LE”

    WHY NOT ADD THIS ON YOUR STICKERS TOO, JUST TO BE CLEAR ?
    ———————————————————————————

    ///////////////////////////////////////////

    MS Takes On Ranil’s Ministry, Calls For Explanation On Sharia Banking After BBS Complaint
    March 7, 2016 | Filed under: Colombo Telegraph,Featured News,News,STORIES | Posted by: COLOMBO_TELEGRAPH
    Share
    President Maithripala Sirisena has called for explanation from the Secretary of the Ministry of National Policy and Economic Affairs M. I. M. Rafeek as to whether the Sharia banking practice is been introduced to the country by following the respective laws and regulations of Sri Lanka.

    BBSSirisena’s Additional Secretary, S. T. Kodikara, in a letter addressed to Rafeek has called for explanation within two weeks on the matter. Incidentally, the National Policy and Economic Affairs portfolio is held by Prime Minister Ranil Wickremesinghe.

    The letter to Rafeek comes, amidst reports that the government is looking at introducing a new regulation to facilitate Sharia banking practices in the country, so it could obtain finance from Saudi Arabia to get out of the current debt ridden situation.

    The letter to Rafeek was sent after the Bodu Bala Sena (BBS) Chief Executive Officer Dilanthe Withanage wrote to Sirisena claiming that the Central Bank Governor Arjuna Mahendran had gone against an earlier assurance and was going to introduce the Sharia banking practice in the country, which, according to Withanage would bring in social and religious disparity among communities living in Sri Lanka.

    Withanage in his letter said, “Due to the failure of the leaders, and specially for a country where the majority is not Muslims, to enforce the Islamic Sharia Law in secret is cause for concern. Further, the Parliament’s silence on this matter is also a dangerous precedent. Therefore, I call on you take look into this matter.”

    In a separate letter to Mahendran, Withanage said that this move was completely unacceptable with catastrophic consequences which will cause an irreparable damage to social cohesion and integration of different communities into mainstream society.

    Withanage added that Sri Lanka must not sell its national identity to Saudi Arabia for US$ 1 Billion. ( By Munza Mushtaq © Colombo Telegraph )

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