Victims: Youngest daughter in college, the wife to the deputy director, and first year

University student
Human rights are universal legal guarantees protecting individuals and groups against actions
and omissions that interfere with fundamental freedoms, entitlements and human dignity. They
are Universal and equal and focus on the inherent dignity and equal worth of all human beings.
Human rights obligations include to respect human rights which is simply not to interfere with
their enjoyment, to protect human rights which means to take steps to ensure that third parties do
not interfere with their enjoyment and to fulfill human rights which is to take steps progressively
to realize the right in question.
a) Which Human rights of the three victims were violated in this circumstance?
I.

The Right to Privacy

Def. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
HIV status, like all matters to do with health, is intensely personal information and every human
being has the right to keep that information private. Improper disclosure of their status can result
in denial of employment, violence, and many other forms of discrimination.
In this scenario the Company director disclosed his HIV status in public and in extension
disclosed that the three victims could be infected too with the virus. Their health information was
disclosed to third parties without their consent. The victims had a right to determine to whom,
when, how, and to what extent they would disclose their health information.
The fact that engaging in sex with a married man is considered as a sin in most societies would
mean that this was a secret that the victims would have loved to keep but it was shared in public
denying them a right to privacy.
II.

The Right to Life

Def. This means that nobody - including the government - can try to end your life. It also means
that you have the right to be protected if your life is at risk.

Individuals that are HIV positive have a moral and currently legal obligation to inform any of
their sexual partners of their positive status. Individuals should have the choice as to whether or
not they would engage with someone who is HIV positive when they are not.
In this scenario the Company director knew he had HIV and had sex with the victims, but failed
to inform them of the risk involved, this could be classed as reckless transmission in court.
"Reckless" here implies that transmission took place as part of the pursuit of sexual gratification
rather than because the Director intended to transmit the virus to the victims.
III.

The Right to health

Def. means that everyone has the right to the highest attainable standard of physical and mental
health, which includes access to all medical services, sanitation, adequate food, decent housing,
healthy working conditions, and a clean environment.
According to the World Health Organization (WHO), health is a state of complete physical,
mental and social well-being and not merely the absence of disease or infirmity. From a human
rights perspective, people are entitled to enjoy the conditions that would enable them to realize
their health and well-being.
In this scenario by not being aware of the risk to their health early enough the victims were
denied:
1. Increased opportunities for instrumental and expressive social support
2. Improved access to necessary medical treatment and care
3. Increased opportunities to discuss and implement HIV risk reduction with partners
4. Increased opportunities to plan for the future carefully and thoughtfully
IV.

Right to Protection from Torture and Inhuman Treatment

Def. The Human Rights Act protects one from: Torture (mental, physical or both) and inhuman
or degrading treatment or punishment. Torture occurs when someone acting in an higher capacity
deliberately causes serious pain or suffering (physical or mental) to another person.
In this scenario by the public disclosure of their HIV status (By engaging in sex with the HIV
positive director) the victims were exposed to emotional torture. The victims feelings of shame
and guilt should have been considered. It was inhuman for such private and confidential actions

being exposed in public without prior consultation. The wife to the deputy director would die of
shame and guilt for being exposed to be in a marital affair and also exposing her husband to the
disease while the young first year student would feel ashamed for her sleeping with another
womans husband.
More so the victims status was disclosed without proper counseling as require. This could have
led to mental torture on the victims. HIV is still considered as a deadly disease and many
condemn themselves to death after they acquire it but with counseling the victims would have
been made to understand that this was not the end of life that they could live with HIV for many
years.
V.

Right to Protection from Child Abuse

Def. Child sexual abuse is the sexual use of a child by someone with more power.
In this scenario the director engaging in sexual relations with the young daughter was a violation
of physical and mental integrity. As a father the director should have been the protector and
guider of his daughter but in this case he took advantage of her and violated her.
Abuse in childhood could lead to poorer communication, low assertiveness, low self-worth, and
increased risk for sexual and other risk behaviors that increase the risk of secondary transmission
of HIV.
VI.

Right to protection from Discrimination

Def. Article 14 requires there be no discrimination in the application of human rights on any
ground
Discrimination may be described as a distinction, whether intentional or not but based on
grounds relating to personal characteristics of the individual.
In this scenario the inadvertent or improper disclosure of the victims status was socially
dangerous. The HIV-associated stigma still exists and could lead to discrimination for the
victims. It could result in rejection, abuse, violence, stigma and discrimination.