South African Lawyer Slams School Rejecting HIV Child

Lawyers for Karen Pereira on Wednesday launched a civil action in Johannesburg High Court, saying her HIV-positive foster child was discriminated against by Buccleuch Montessori Nursery School, which rejected the toddler. Tholakele, age four, was adopted by Pereia as an infant and has been HIV-positive since birth. Her civil rights battle began when she was two, when three nursery schools rejected her application on the basis of her HIV status. In the current case, the school said it was not prepared to deal with HIV-infected children and was worried about the risk of HIV transmission between pupils. Attorney Sharise Weiner countered, "There is no known case of transmission in schools, and HIV cannot be transmitted through day-to-day contact." In a letter to the school, which was submitted to the court, Pereia wrote, "Not one of you has ever bothered to educate yourself about HIV/AIDS. Shame on you." In 1998, South Africa's Department of Education issued a policy to protect the rights of children with HIV and to ensure they are not excluded from the education system. Pereia's lawyers are asking the court to find that the school's rejection of Tholakele violated her constitutional right to equality.

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