As the HIV and AIDS pandemic continues to ravage humankind, a number of issues have come up engendering many difficult questions relating to the linkage between the law and human rights and the strategies and policies put in place to combat the scourge.
Enjoyment of these rights under the UDHR and the Kenyan Constitution is made subject to the rights of others, to public interest , morality, public order and the general welfare of a democratic society.
Some of the rights are absolute while others are derogable.
In absence of codified law, reliance is placed on various international guidelines, policy statements in sessional paper no. 4 of 1997, recommendations of the Government task force on legal issues relating to HIV and AIDS and the HIV and AIDS Prevention and Control Bill 2002.
What happens when a medical practitioner prescribes, ART which turns out to be unavailable in the chemist. Accordingly the pharmacist calls the medical practioner to ask for a substitute drug and the medical practitioner changes the prescription orally.