The judicial system has a role in helping to end the fight against HIV and AIDS. This was amplified recently by Sir Charles Michael Dennis Byron, President of the Caribbean Court of Justice.
In his examination of Judicial Attitudes and HIV and AIDS within the context of positioning the judiciary to effectively contribute to ending AIDS by 2030, Sir Byron contended that HIV affects every aspect of the human condition and, as such, it requires an informed, rational and just response if “we are to be successful in ending the epidemic.”
This premise is relevant to the judiciary in the discharge of its duties as guardian of the due administration of justice and protector of human rights’ contended Sir Byron, who also observed that law is an important structural determinant of health.
He reasoned that judicial officers must exhibit and reinforce anti-discriminatory attitudes and practices that will supplement and underscore the efforts being made to end the epidemic. Judicial officers must manage what goes on in the courtroom, to ensure that persons who are susceptible to discriminatory treatment are treated fairly by all players in the judicial process including court staff, counsel, police officers, witnesses and such others.
Sir Byron further proposed that it is incumbent for judicial officers to equip themselves with the requisite knowledge about HIV and AIDS, not merely knowledge of the law relating to HIV and AIDS, human rights, anti-discriminatory laws and the like, but also knowledge concerning the disease itself and issues which affect and promote the spread of the disease such as, for example, gender inequality.
“Judicial officers must adopt a proactive stance to acquiring and updating this knowledge – we must obtain the relevant tools and materials,” stated Sir Byron.
He added, “As President of the CCJ, it is my view, that as an apex Court our reach should extend beyond the precincts of the Court and our adjudicatory functions. As a Caribbean institution, we must engage in activities which improve access to and the quality of justice for all and instil confidence in the fairness of the judicial system and the administration of justice.”