Project Description:  The Leitner Clinic partnered with the Centre for the Development of People (CEDEP) in Malawi to work on two public interest lawsuits.  CEDEP, which focuses on minority rights in Malawi, was recently thrust into the spotlight for its work in mobilizing support for Steven Monjeza and Tiwonge Chimbalanga, the first gay couple to begin the process of marrying in Malawi, who were convicted of gross indecency and sodomy before receiving a presidential pardon.  CEDEP wanted to explore the possibility of mounting a challenge to Malawi’s anti-homosexuality laws as a way of building on the momentum generated by the coverage of Monjeza and Chimbalanga’s trial.

CEDEP is also working in conjunction with attorneys in Malawi to challenge the constitutionality of mandatory HIV testing for sex workers and the criminalization of HIV transmission.  This case took shape after a group of sex workers who were arrested, forcibly tested for HIV, and then prosecuted for HIV transmission based on the results of those tests, approached CEDEP for help.  CEDEP’s attorneys made their initial filings as Leitner Clinic students began conducting legal research to assist in the case.

Jacqueline Bevilaqua (’11), Maria-Elena Kolovos (’11), and Kristin Blomquist (’12) worked together on the challenge to anti-homosexuality laws.  The team researching the constitutionality of mandatory HIV testing consisted of Liselle Hamilton (’11), David Levy (’12), and Yannah Solomon (’11).  The students were supervised by Prof. Chi Mgbako and Clinical Teaching Fellow Katy Glenn.

Project Outcome:  Leitner Clinic students conducted international and comparative research on the legality of Malawi’s anti-homosexuality laws, the practice of forced HIV testing, and the criminalization of HIV transmission according to the Malawian Constitution and international human rights law.  Their research included comparative constitutional law cases brought in other countries, and policy recommendations issued by the United Nations and non-governmental organizations regarding the public health implications of criminalizing homosexual activity and the transmission of HIV.  Each team compiled a series of legal briefs for CEDEP identifying the best legal and policy-based arguments they could use to challenge the constitutionality of the laws in question.