CAN AN HIV TESTING BE TAKEN WITHOUT A PERSON’S CONSENT❓.

Magulu was involved in a car accident together with his best friend Miko. When they arrived at the hospital, Magulu was informed that Miko might lose his life if he did not get blood quickly. Magulu immediately consented to give his blood since it was the same as Miko’s. He was informed that they would also carry out an HIV test before taking his blood which got him wondering if they could have tested his blood without his consent.

WHICH PEOPLE MAY BE IDENTIFIED AS INCAPABLE OF GIVING CONSENT TO HIV TESTING?

The law requires that a person who gets an HIV test must give his/her consent for the test to take place. However, the law, (Section 10 of the HIV and AIDS Control Act 2014) also allows for tests to be carried out on certain people who are incapable of giving permission. For example, unconscious people, people who are mentally unsound, minors or children, people suffering from a sickness that makes them incapable of giving consent to an HIV test.

WHO MAY GIVE CONSENT ON BEHALF OF THE PEOPLE NAMED ABOVE?

Consent for testing such people as those named may be given by a parent, guardian, next of kin, a caretaker or agent of the person on whom a test is to be carried on. By the way if a person is suspected to have defiled a child, that person’s consent is not necessary to an HIV test. This is because the law requires information about their consent to decide which offence to charge them with (either defilement or aggravated defilement if they are HIV positive)

WHAT NATURE IS THE CONSENT PROVIDED FOR GIVEN?

The consent given must be in writing including the name, age, sex or gender, physical address, marital status, nature of complaint against the person against whom the test is to be carried on, the reason for conducting the test, date of discussion with a medical practitioner, the names of the person giving consent and his or her capacity in which he stands to give consent to test any individual.

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