practising license of the perpetrator of the offence to be suspended or
revoked or the authorization given to the facility to operate shall be
withdrawn where the liability of the latter institution is ascertained;
Compulsory screening or obstacle to voluntary screening123 : compelling
someone to undergo forcible screening and being an obstacle to
voluntary testing of HIV/AIDS is punishable by a term of imprisonment of
between 1 and 5 years and a fine of between CFAF 100.000 to CFA1
million ;
Non-compliance with a court decision124 : failure to comply with a
screening test ordered by a judge shall be punishable by a term of
imprisonment of between 1 month and 3 years.
321. Under this legislation also, the Government of Senegal organized care, in
this specific instance, « medical, psychosocial and nutritional 125 » care for
persons infected or affected by HIV/AIDS. From this standpoint, vulnerable
population, particularly women, young people, children with HIV, orphans and
vulnerable children are given special attention:
Pregnant women are given special protection as part of the programme
of HIV prevention and transmission to children and of the reproductive
health policy ;
Women who are HIV positive have « a right to maternity » for the
enjoyment of free healthcare services.
322. In the area of health-care facilities in the country, « assistance and optimal
medical care » are provided to all infected or affected persons and to all
persons eligible for these treatments, including the treatment of opportunistic
infections, the provision of free access to antiretroviral drugs, particularly to
children126.
323. The CNLS’s duty is to support civil society organizations to enable them to
implement psycho-social care programmes in the communities and to take
measures designed to strengthen care and control of sexually transmissible
infections.
324. With regard to prisoners living with HIV/AIDS, they now enjoy psycho-social
and medical care necessitated by their state of health.
325. This new government policy resulted in the enhancement of medical care
and access to antiretroviral drugs (ARVs) by persons living with HIV/AIDS. Since
then, screening of HIV/AIDS, access to ARVs and immuno-virological tests are
free all over the country.
123
124
125
126
Cf. Article 13 of Law No 2010-03 of 9 April 2010.
Cf. Article 40 of Law No 2010-03 of 9 April 2010.
See Article 15 of Law No 2010-03 of 9 April 2010.
See paragraph 2 of Article 16 of Law No 2010-03 of 9 April 2010.
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