Abstract provided by author
Violation of Namibian people's fundamental human rights and freedom during the colonial era was one criterion the Namibia society opted for independence struggle. In comparison the violation of people living with HIV or AIDS' fundamental rights by the Insurance Industry in Namibia is not different of the violation committed during the colonial period. The reason why the author takes up this topic is to explore and find out whether insurance industries in Namibia do violate basic human rights norms of people infected and affected with HIV/AIDS in terms of life insurance coverage. It is recognised worldwide that an HIV/AIDS matter is the obligation of States, governments, private sectors, human rights activist and organisation, and human rights lawyer to respect the rights of PLWHA. Governments of any state in democratic states especially to those state parties who voluntarily bind themselves to bring national legislation, policy and practice into linewith their existing international legal obligation
This dissertation explores the relevance of exclusionary clauses relied upon by the insurance industry in comparison to basic human rights entrenched under 'The Fundamental Human Right and Freedom' enshrined in Chapter Three of the Constitution. The Namibian Constitution prohibits unfair discrimination. A mere violation of vulnerable people's rights based on prejudice, stereotype thinking and materialism is unconstitutional. Majority of citizens believe that people living with HIV/AIDS are continuously discriminated base on their HIV status, civil society advocates can use arguments based law in responses to stigmatisation and discrimination against people living with HIV/AIDS whether is at national or international fora to forge the respect and promotions of equal treatment for all human kind.
