COlaHR
 
 

THE HIV AND AIDS (ANTI-DISCRIMINATION) ACT, 2014

 
 

WHERE TO GET HELP::

WHAT TO DO WHEN ONE HAS BEEN DISCRIMINATED AGAINST

  • Petitition the Minister of Justice, which means writing a letter to the Minister of Justice, explaining the circumstances of the alleged acts of discrimination and requesting that he or she conducts an inquiry into the allegation; and he or she makes the necessary recommendations to the institution or individual who perpetrated the act of discrimination to redress the dicsrimination; commence criminal proceedings where necessary.

  • The Minister of Justice is bound by law to conduct the inquiry within a period of two weeks after receiving the petition. However, the Minister of Justice is yet to adopt regulations for clarifying the procedure for the enquiry. The Act states that these regulations should be adopted within twelve months of the commencement of the Acy (by 27 November 2015)

  • Initiate a legal action before the National Industrial Court for claims of discrimination related to employment. This protection covers people who work for another person or for the state, people who are apprentices, volunteers at an organisation and job applicants.

    For other claims, legal action must be initiated before the High Court. When initiating a legal action, the individual must notify the Minister of Justice.

  • Seek constitutional remedy before the State High Court or the Federal High Court, alleging violation of one or more fundamental rights guaranteed in Chapter Four of the Constitution on Nigeria.