This is the main litigation activity of the Clinic in the context of a trial against a PVRS or in the context of a trial initiated by a PVRS when its right to health has been violated.
The accompaniment consists in providing the PVRS with a lawyer to assist it, represent it or defend its interests before the court seised.
Representation includes written and oral defence, negotiation in the event of a dispute and preparation of documents.
Legal aid ranges from the introduction of the legal claim to the exhaustion of various possible legal remedies (appeal, appeal in cassation, opposition, third opposition, civil claim, appeal for review, etc.).
The support covers all types of trials: civil, commercial, commercial, social, criminal, administrative and constitutional trials, even the referral to the African Commission on Human and Peoples’ Rights and if the conditions are met, the African Court on Human and Peoples’ Rights. The clinic’s legal actions aim not only to safeguard the fundamental rights of PVRS but also and above all to create precedents in a context where “HIV/AIDS jurisprudence” is not well established and is still slow to be built.
These strategic litigation or model cases will have other objectives than the interests of the victim taken in isolation. It is a matter of sharing it with others in similar situations, establishing a new legal standard, clarifying the application of the law or resolving a problem related to a directive, a discriminatory measure.
