The fact that in the city of Orhei (Republic of Moldova) there was no OST site for several years, we have already written here earlier. And only almost two years after the first case of this situation was documented in the REAct system, this problem was finally resolved. But let’s take a closer look from the beginning.
Since 2015, 40 patients from Orhei have had to travel 100 km to Chisinau every day to receive substitution therapy drugs. This fact created many difficulties for them, including travel costs and employment problems. People with disabilities faced particular obstacles since it was very difficult for them to physically overcome such distances on a daily basis, as well as women who had no one to leave their children with. This also led to an overload of the substitution therapy site in Chisinau, which served 150 patients, including those from Orhei.
In early 2020, REAct (a tool for systematic monitoring of violations of rights at the community level) was launched in Moldova. A REActor from Orhei recorded 27 appeals about the barriers that patients have to overcome in order to get their medicine.
Nikolay * Moldova, April 2020 I am a client of methadone substitution therapy, every day I have to travel from the city of Orhei to the city of Chisinau to get the medication. For many years politicians have been promising to open an OST site in our city, but for various reasons, this remains only a promise. Despite the fact that there is methadone in the country, and in our city there is a narcology treatment. I can’t get a job and provide for my family.
*name changed
NGO “Positive Initiative”, coordinating the implementation of the REAct system in Moldova, together with other organizations and stakeholders in the country, initiated a dialogue with local authorities, with UNODC Moldova, with the Republican Narcological Dispensary, and with the Ministry of Health of the Republic of Moldova. Despite the fact that back in December 2019, the Ministry of Health adopted Order No. 1378 on the opening of an OST site in Orhei, until mid-2021, no real action was taken due to the reluctance of the management of the medical institution to serve drug users.
That is why on August 18, 2021, a lawyer representing the NGO “Positive Initiative” filed an application to the Council for the Prevention and Elimination of Discrimination and Ensuring Equality, in which he argued that the absence of an office for issuing opioid substitution therapy in Orhei was a violation of patients’ right to access health services.
“As they say, one is not a warrior in the field. And if we want to achieve systemic changes in the country, then we should combine our efforts and act as a single mechanism. Cooperation of all interested players is the key to victory. In our case, we colaborated with the National HIV Program, Moldova’s Chief Narcologist, partner organizations, representatives of regional networks and, most importantly, the patients themselves. ” – says Ruslan Poverga, General Director of OA “Positive Initiative”.
A lot of efforts were made, many meetings were held at various levels, many promises were heard and again many meetings … A video appeal was even recorded on behalf of the non-governmental sector in order to attract the attention of the public and the press.
Time passed, but the situation remained unchanged for a long time. But nevertheless, every action brought us closer to the goal. And finally, on October 25, 2021, the substitution therapy center in the city of Orhei opened!
The beneficiaries, in disbelief, came to the site yesterday and received theie medication. For most of them, it took 15 minutes, instead of the 4 hours previously spent daily. People who are overcoming addiction are grateful that now many of them can get a job near their home and they no longer need to spend money and time to travel to another city to get medicine. It is very pleasant that with joint efforts we managed to open this point! Every person in our country has the right to health, regardless of their place of residence and the degree of their vulnerability.
React reports show that violations of rights of sex workers, discrimination, and degrading treatment are frequent in Georgia. It is noteworthy that in many cases beneficiaries refrain from complaining to the police because of their affiliation with sex work, which is due to self-stigma in the community.
We would like to consider a success story, where a sex worker decided to fight for her rights, and with our help, the case was resolved positively for the beneficiary.
The story
The sex worker lived with her husband and three children. Because of the social and economic situation of the family, the wife decided to get involved in sex work to provide for their children. However, due to the stigmatization of sex work, she decided not to disclose that. The husband found out that she was involved in sex work, which resulted in her being physically abused and locked up at home for a week. Then, with the help of a neighbor, she managed to get out of the house and called the police. The beneficiary also contacted one of our Reactors, who took care of the beneficiary’s housing and her inclusion into the relevant shelter program. The husband received a warning in the form of a restraining order.
The beneficiary, accompanied by our lawyer, intends to fully protect her and her children’s rights to an adequate environment for their development. The beneficiary intends to file a lawsuit against the spouse and divorce him. Temporarily, their housing issue has been resolved, but they soon plan to move to live separately with the children.
Rather exception than a rule
Similar cases have been extensively documented within the React system, although only in a few of the cases the beneficiaries decided to fight for their rights and file a complaint. It is important for beneficiaries to learn more about their right to defend themselves or to dare and ask for help. The React Team in Georgia has been actively working to increase the awareness of beneficiaries.
The issue of stigma / discrimination and self-stigma is also important, it often prevents beneficiaries from disclosing cases of violation of rights. The React team is working as part of a social campaign to raise awareness of public stigma / discrimination/ self-stigma.
Raising awareness and sensitization of beneficiaries and the public will reduce the prevalence of violation of rights and increase the number of respondents.
What the Law says?
According to Article 9 of the Constitution of Georgia, torture, inhuman or degrading treatment of a person shall be prohibited, while Article 10 protects the physical integrity of a person. According to Article 126 of the Criminal Code of Georgia, violence against a family member committed by another one, insults, humiliation are punishable acts. In compliance with the law, detection and appropriate response to cases of violence against women and/or domestic violence must be exercised by law enforcement agencies and the judiciary, as well as victim identification groups.
Criminal, civil legal, and administrative legal mechanisms are used to detect and prevent violence against women and / or domestic violence. Administrative legal mechanisms apply if an offense, according to legislation, does not entail criminal liability and can be prevented under provisions of the Code of Administrative Offenses.
The law of Georgia refers to protective and restraining orders as a temporary measure to protect victims of violence and to ensure restriction of certain actions by the perpetrator by an authority or an official authorized to promptly respond to domestic violence cases. The state offers state-owned shelters for victims of violence against women and / or domestic violence, where victims are provided with psychological and social rehabilitation services, legal and medical aid, emergency medical and legal aid. It is also possible for a victim to stay temporarily at the place of residence and to have the abuser evicted from the abode, even if the abode is owned by the abuser.
Call!
If you are a victim of violence against women and / or domestic violence or have information about cases of violence, please call 24/7 LEPL Human Fund for Victims of Trafficking, Victims of Domestic Violence Advice Line at the Advice Hot Line: +995 32 116 006 or 112
The REAct team in Georgia is successfully implementing a social campaign #FightStigma to tackle the existing problems and raise awareness, which includes raising awareness of the problems of vulnerable groups, making videos to raise awareness among groups, preparing articles, media engagement, and many other activities that contribute to this group. In the process of fighting.
As part of the social campaign, information articles and posters were prepared and also, an online webinar on stigma and discrimination was conducted, which was broadcast on social platforms and media. Existing articles were advertised to increase awareness.
On 31 August the webinar within the framework of the social campaign of stigma/discrimination on the topic – “Time to act, time to remember” was held on the International Day of Overdose Awareness Day include important topics on this matter as well. The campaign also included planting trees (by the financial support of sos_project) in several cities of Georgia In honor of the memory of people who died of overdoses. Under the campaign public appeal was prepared to address the faced challenges and demand the active response of decision-makers. Watch the webinar here.
Human rights violations occur all over the world. And in most cases, this happens due to discriminatory laws and practices, although the government is supposed to protect – not do harm – ensuring equality for everyone without exception.
There is a key population that is at a greater risk than others. It includes people living with HIV (PLHIV), whose rights are violated almost everywhere, incl. by law enforcement agencies and at health care facilities. Moreover, the human factor ‘contributes’ as well – people, despite the generally available information about HIV, still treat PLHIV with apprehension, spreading discrimination and stigma against them, which are generally recognized barriers for this group’s access to prevention, treatment, and support.
Due to effective treatment (antiretroviral therapy), people living with HIV can now live long, healthy and active lives with little (or no) risk of transmitting the virus to their partners. This achievement has also contributed to the elimination of some aspects of discrimination. Nevertheless, the fear of negative attitudes of others is often stronger than that of the disease as such.
Tell me who your friend is…
In Tajikistan, violation of rights of PLHIV is criminally punishable, but people with HIV, just as before, are exposed to stigma and insults both from their relatives and from representatives of authorities (who are supposed to, on the contrary, protect their rights). Therefore, due to the fear of discrimination and stigma, they often either do not seek help or are afraid to take their case through to the end.
Our protagonist has been living with HIV for a long time, due to the fault of a man who failed to tell her about his disease. When Muhabbat (the name is changed) found out about her own positive status, she was confused, but she quickly pulled herself together and lived on. In December 2020, she was unexpectedly summoned to the district police department. Upon her entering the office, law enforcement agency representatives started referring to her as an ‘enemy of the people.’ She was interrogated in a rude manner about the disease, how she had got it, whom she had infected. The police requested that she wrote an explanatory note and narrated her entire story in it. Muhabbat refused to, as well as she refused to sign any documents. They continued interrogating her for a long time, then she was released. But the issue did not end there.
A week later, police officers requested that a telecommunication operator disclosed all phone numbers of this woman’s contacts, called her friends and relatives, and demanded that they be tested for HIV! All of them received negative results, but Muhabbat’s life changed dramatically since then. After the close ones had found out about the protagonist’s status, they started avoiding and stigmatizing her in every possible way. It got to the point that they stopped eating meals at the same table with her, each time they would remind her of her illness and insult her. Hoping for support, Muhabbat turned to REAct.
Fear and renouncement of one’s rights
The REActor suggested that the client drew up a statement to the highest public authority on the illegal actions of the operative staff, disclosure of the information by the telecom company, as well as against her relatives. Muhabbat took a break, but after much deliberation, she decided not to contact law enforcement agencies because of her fear.
Alas, this is not the first time: PLHIV often refuse to seek help because they have no trust either in law enforcement agencies, or the judicial system. After all, lots of cases have been documented where a victim wrote a complaint against the offenders, but no adequate action was taken by the police (i.e. there is no effective mechanism in the state to protect the rights of its citizens).
Lawyer’s comments
Were the actions of the police officers legal? Do they have the right to ask such questions?
Police officers cannot summon or interrogate a person without any reason. But if there is a reason or a grievance or complaint has been filed against a person, then law enforcement agencies have the right to summon the person for interrogation. However, summoning one without any reason, i.e. ‘just like that’, without a statement (notification) of a crime or offense that would have been received and that required verification, is illegal. Summons must always be justified. Quite often, a citizen is not summoned but invited by phone. Whether or not to appear for such an invitation is up to each and every one. According to regulations, summons must be official, and they must indicate in which quality the citizen is summoned.
Interrogating a woman having the HIV status where she got HIV from and who she could infect is already illegal and is interference with privacy. Article 17, ICCPR states: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
Besides, according to Article 23 of the Constitution of the Republic of Tajikistan, “Collection, storage, use, and dissemination of information about a person’s personal life without his/her consent shall be prohibited.” The woman has the right to apply to the prosecutor’s office with a statement about interference with her personal life, as well as to court to recover compensation for moral damage and disclosure of her status. Under Article 8 of the Law of the Republic of Tajikistan On Field Investigative Activities, operative staff shall have the right to perform field activities (conducting field investigative measures that restrict constitutional rights of a person and a citizen to the privacy of correspondence, telephone conversations, postal items, telegraph and other messages transmitted by electrical and postal communication networks, as well as the right to inviolability of the home) based on a substantiated resolution of authorities performing field investigative activities at the request of an authorized prosecutor and sanction of an authorized judge, and if the following information is available:
on signs of a criminal offense being prepared, being committed, or having been committed, in respect of which preliminary investigation is mandatory
on persons preparing, committing, or having committed criminal offenses, in respect of which preliminary investigation is mandatory;
on events or actions (inaction) that pose a threat to public, state, military, economic, informational, or environmental security of the Republic of Tajikistan.
How should a person behave in such a situation?
If summoned to the police, one – especially a woman – just needs to know one’s rights. According to the Constitution of the Republic of Tajikistan, “Everyone is equal before the law!” No one has the right to interfere with personal life. To request the participation of a lawyer, without the participation of a lawyer to not sign any documents and not write explanatory reports.
Just to say to the police officers: “I will not say anything, I will not sign any papers without the presence of a lawyer.” Under Article 46 of the Code of Criminal Procedures of the Republic of Tajikistan, if a person is considered a suspect, he or she shall have the right to give or not give explanations or testimonies and to be informed about this right before interrogation.
Is a person obliged to write an explanatory report by order of a police officer?
In practice, situations often arise associated with summons to law enforcement agencies for testimony, questioning, explanations, etc. Offering explanations is a voluntary communication of information of interest to law enforcement agencies not regulated by law. This is a certain form of documenting evidence in writing. Any information received from a person is drawn up by a law enforcement officer in the form of a written explanation. This is done in order to compile verification materials, where all collected documents are filed, including explanations.
If you believe that your rights were violated when writing an explanatory report (for example, the pressure was exerted, obscene language was used), you can submit a complaint about the actions (inaction) of the police officers to the manager or to the prosecutor’s office.
Moreover, you can go to court with a statement about the illegality of the actions of law enforcement agencies and recover compensation for moral damage.
In 2020, in Tajikistan, REActors documented 165 cases of human rights violations. 121 of them were cases involving PLHIV. Most violations documented were by their relatives, spouses, and neighbors. In Tajikistan, REActors represent 8 NGOs located in different cities of the country, one REActor per region. REActors can make trips to cities and towns of the region in order to collect information and provide services to clients. Cases are also documented via the hotline on the protection of key populations’ rights by the Human Rights Center. A REActor in Tajikistan is a community representative, an NGO employee who – in addition to providing services and outreach work – documents cases of rights violations when community members submit complaints to them. A REActor can provide counseling, psychological support, or referral. If a case requires more professional legal intervention, it is referred to the national legal coordinator from the Human Rights Center. The REAct system is being implemented in Tajikistan within the framework of the #SoS_project Sustainability of Services for Key Populations in Eastern Europe and Central Asia (2019-2021) and the UNDP Project to reduce human rights-related barriers to HIV services in the Republic Tajikistan (04/2020-31/2020). The framework’s implementation is supported by NGO “SPIN Plus” in cooperation with the Human Rights Center and coordinated at the regional level by ICF Alliance for Public Health. You can report a case of your rights’ violation and get support using REAct Feedback. Describe details of the situation that happened to you, how and when your rights were violated, and a reactor will contact you to help solve the problem. Don’t keep silent and help will be provided!
In everyday life, people living with HIV (PLHIV) in Uzbekistan are still often subjected to stigma, abuse and domestic violence. During the first half of 2021, within the framework of the project “Reducing Barriers Associated with Violation of Human Rights (REAct)”, implemented by the NGO “ISHONCH VA HAYOT”. 217 appeals from PLHIV and representatives of risk groups were recorded. Of these, 140 were qualified as human rights violations. In addition, 168 cases reported stigma and discrimination against people living with HIV: for example, relatives do not allow to eat at a common table, use common tableware, or even kick out of the house, and this is during the open access with scientifically proven information about the transmission HIV.
Today in Uzbekistan, despite the efforts of the government and civil society, there remains a difficult situation with public awareness of the methods of transmission, prevention and treatment of HIV, hence there are many outdated stereotypes about the infection and the ways of its transmission.
HIV-related stigma and discrimination often stems from healthcare workers who willfully or unintentionally disclose the HIV status of patients. In one of the cases registered in the REAct system, a woman was stigmatized by her neighbors due to the carelessness of the medical staff. The nurse of the family polyclinic, where the client is receiving ART, disclosed the client’s information (HIV status) because of the personal hostility and condemnation of the woman “who contracted HIV”. The nurse and the client lived in the same mahela (district), they have common acquaintances among the neighbors, to whom the nurse told the client’s status. The nurse did not have any obvious reason to divulge the secret of her patient’s diagnosis. It is assumed that the incident happened due to professional negligence and lack of complete and high-quality information about HIV infection and life with HIV.
The client turned to REActor for help and asked how this issue could be resolved. First of all, REActor informed the client about human rights issues and why it is important to defend them in the context of HIV.
The client was advised to write a statement for disclosing medical information and go to court. The woman refused out of fear that an even wider circle of people who would be involved in the trial would find out about her status. Then the client was asked to contact the chief doctor of the healthcare facility so that the distribution of confidential medical information was stopped by the staff of this medical institution. If this does not help, then REActor and the project’s lawyer have indicated their willingness to assist in drafting a complaint to the Ministry of Health on this situation.
After talking with the project staff, the client made up her mind and came to the chief doctor of the family polyclinic. The chief doctor invited a nurse and held an explanatory conversation with her with a warning of dismissal in the event of a repeated similar violation of medical ethics. The nurse apologized for her actions and confirmed that this would not happen again, as a result, the parties were reconciled.
Remember!
According to the Law of the Republic of Uzbekistan on the protection of citizens’ health
Article 45. Medical secrecy:
Information about the fact of seeking medical help, the state of health of a citizen, the diagnosis of his illness and other information obtained during his examination and treatment constitute a medical secret.
It is not allowed without the consent of a citizen or his legal representative to disclose information constituting a medical secret by persons who became aware of it during training, the performance of professional, official and other duties, except for the cases established by part three of this article.
The provision of information constituting a medical secret without the consent of a citizen or his legal representative is allowed:
for the purpose of examining and treating a citizen who, due to his condition, is unable to express his will;
with the threat of the spread of infectious diseases, mass poisoning and injuries;
at the request of the bodies of inquiry and investigation, the prosecutor’s office and the court in connection with an investigation or trial;
in case of rendering assistance to a minor under the age of fourteen to inform his parents or legal representatives;
if there are grounds for believing that harm to the health of a citizen was caused as a result of unlawful actions or an accident.
Persons to whom information constituting a medical secret has been transferred in accordance with the established procedure, along with medical and pharmaceutical workers, are liable for disclosing medical secrets in accordance with the law.
Also, the Code of the Republic of Uzbekistan on Administrative Responsibility:
Article 46. Disclosure of information that may cause moral or material damage to a citizen
Disclosure of medical or commercial secrets, secrets of correspondence and other messages, notarial actions, banking operations and savings, as well as other information that may cause moral or material damage to a citizen, his rights, freedoms and legal interests, in the absence of signs of an offense provided for in Article 461 of this Of the Code, – entails the imposition of a fine on citizens from one second to two, and on officials – from two to five basic calculated values.
Article 461. Violation of inviolability of private life
Illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent – entails the imposition of a fine from ten to forty basic calculated values.
The Uzbek government recognizes the need to combat stigma and discrimination against people, especially women living with HIV. The topic of women’s rights is highlighted in the priority of the National Development Strategy of Uzbekistan.
Under the Global Fund grant, UNDP’s “Street Lawyers” project is defending the rights of key population groups, people living with HIV and TB patients on an innovative, peer-to-peer basis led by local NGOs. Stories of successful responses were published on the UNDP information resource in Kyrgyzstan. Read the original article or check it out in the publication below.
People living with HIV, tuberculosis patients, and key population groups* face many problems other than health issues. Problems that keep them from receiving quality and timely prevention, diagnosis, treatment, and care. Problems that hinder the fights against TB and HIV worldwide.
To overcome these problems and make it possible to control HIV and TB in Kyrgyzstan, UNDP, together with the Global Fund, is financing and coordinating a legal aid project for these vulnerable groups of the population. Founded in 2016, the “Street Lawyers” project has considerably changed the game, defending the rights of many clients and giving them hope for justice.
Obtaining justice for one, giving hope to others
“People from key population groups are very vulnerable. They are scared to go somewhere and demand something. To a certain degree, they do not want to fight for their rights, because they don’t believe in justice. They don’t believe that someone will back them, that someone will help them, advise them. And when the rights of these people are infringed, they do not turn to state agencies. Before all, representatives of key population groups turn to service organizations,” explains Ilimbek Sadykov, coordinator of the “Street Lawyers” project.
Street lawyers are trained employees of service NGOs working with key population groups, people living with HIV, and TB patients. Although most of them do not have previous legal education, thanks to constant training organized by UNDP, to their mentors, and to the lawyers involved in the project, they are able to successfully defend the rights of their clients. What is more, many of them are themselves, representatives of vulnerable communities, have first-hand experience of their client’s difficulties, and are able to gain their trust. This peer-to-peer legal service has proved to be efficient over the past years.
“Before, representatives of key groups didn’t trust anyone and considered that one cannot stand against the system. But when they see that their acquaintances received help, their opinion changes,” says Ilimbek Sadykov. Shamil Ibragimov, executive director of the Soros-Kyrgyz Foundation, which is implementing this project for HIV communities, adds: “Beneficiaries, who have received the help of public defenders, later refer their acquaintances to street lawyers, which means that people now understand that one can, and should, fight for their rights.”
Over the years, the number of clients who ask for legal aid keeps growing, as well as the number of successfully resolved cases. A case won does not only change the client’s life for the better, but also shows others that there is justice, and there is a reason to claim it. People who had given up on their rights even before trying to obtain justice now believe that things can be otherwise: they turn to NGOs and street lawyers to denounce discrimination, record rights violation, and take their life back into their hands. This is essential, as legal barriers keep undermining HIV and TB control programs.
Cases ranging from administrative issues to serious rights violations
Street lawyers, or public defenders as they are also called, work with their clients on different cases, ranging from administrative issues, such as obtaining passports and benefits, to more complex rights violations, brought to court with the help of professional lawyers.
As a matter of fact, many representatives of key population groups lack basic ID documents, as a result of which they cannot obtain benefits, receive medical services, or find a job. And in many cases, they are not able to obtain these documents without help, due to difficult life situations coupled with discrimination. “I’m glad that, even without a legal education, I am able to help people. For example, we helped one person living with HIV obtain a passport. He hadn’t been able to get one for many years, because he had no relatives to prove his identity. People without documents cannot appeal anywhere or receive assistance; de facto, they simply don’t exist,” says Elmira, a street lawyer in the city of Osh.
Since 2021, the project was also extended to TB patients, under the leadership of the National Red Crescent Society. “Many TB patients face administrative and legal issues: they don’t have passports, birth certificates, and have nowhere to live. Those who do not have passports cannot receive the monthly motivational payment of 1000 soms from UNDP / Global Fund, since they cannot open a bank account. But many need this money to survive and continue taking their treatment,” adds Kumarkul, who works as a public defender for TB patients.
Other administrative issues solved by public defenders include obtaining state allowances and benefits for disability or HIV, or registration, without which it is particularly difficult to find a job and make use of all civil rights. Sometimes, street lawyers also fight against violations at the medical level: for example, one patient was requested to pay for an X-Ray which should have been free. And for representatives of key communities, who are often in very difficult financial situations, every penny counts.
Photo from UNDP website
Getting their lives back together
“I understand our beneficiaries’ problems and know how to tackle them. Before, when I had to deal with rights violations in regards to representatives of key groups, I looked for help and turned to lawyers. But then, I understood that I can protect my clients myself,” says Ali, who works in Osh. One of the cases he remembers the most is when he helped a client obtain legal guardianship for his orphaned nephew: “One of the most memorable cases I worked on was when an HIV positive boy lost his parents, and his father’s brother decided to obtain guardianship. It was problematic for him to gather all the required documents; he had been trying to do so for eight months. Then he turned to me for help. In one month, we were able to help him obtain guardianship and benefits for the child.”
Street lawyers often work on cases of illegal detention as well, and do their best to have their clients freed. As they explain, their clients, in particular sex workers, people who inject drugs or ex-detainees are often charged for crimes they did not do as “easy suspects”, sometimes agree to take the blame because of poverty and deprivation, or, in certain cases, see no other solution but theft to put bread on the table. For example, Olga helped free a man who had just been released from jail and detained again for the exact same charges. “I will never forget his mother’s tears. We shouldn’t leave people to their fate. Their life is already hard enough.”
Generally speaking, representatives of key population groups are vulnerable to discrimination, rights violations, and abuse on the part of society, healthcare workers, and law enforcement agencies. But thanks to the “Street Lawyers” project, they are now less afraid to report such cases and stand up for their rights. For more complicated cases, street lawyers can turn to their mentors – professional lawyers – for help and advice, and to advocates who can take cases to court.
Documenting rights violations
One of the lawyers, Erkingul, remembers having sued a T.V. channel for having published a video of an LGBT+ person on YouTube without their consent – a video which destroyed many aspects of this person’s life. “I was scared reading all of the threats in the comments. I was seriously afraid for my client’s safety.” Winning such cases matters not only to the client involved, but also sets precedents to avoid similar rights violations in the future.
What is more, all of these cases are registered into an electronic database called “React”. “We document all cases,” explains Maria, a street lawyer who has been so inspired by her participation in this project that she’s decided to take up legal studies. “These documented cases are our chance to reach out to authorities, to decision-makers, and to show with facts what is the situation with the rights of key groups.” Some of the cases registered in the system include clients who were not allowed to go through roadblocks for medical services during the lockdown, sex workers who were collectively beaten up and robbed, and people living with HIV set up and unjustly blamed for crimes.
“When a person is on their own, it is very hard for them to fight. But they have us. I am sure that we can make things right and, seeing this, others will also be able to obtain justice,” says one of the project participants, Georgiy. Case by case, street lawyers, with the help of their mentors, professionals, NGOs and the UNDP / Global Fund project are working to ensure equal rights for vulnerable people, eliminate stigma and discrimination, and obtain social and legal justice for HIV and TB communities.
*Key population groups or key communities: Groups of the population at higher risk of HIV infection, including people who inject drugs, people living with HIV and their partners, men who have sex with men, sex workers, and (ex) prisoners. Most cases of HIV infection are registered within these groups, who are often socially, materially and legally vulnerable.
Statistical data and analytical reports on the documentation of rights violations and on how they were addressed are available on the REAct website.
In 2020, REActors received 225 requests for help from representatives of key groups from Georgia. Out of that, 191 were qualified as human rights violations, of which 8 were related to prisoners. It is still extremely difficult to even record such cases – the country’s penitentiary system remains one of the most closed, there is practically no access to information, and people themselves are reluctant to share painful issues. But REAactors still manage not only to document the fact of violation of rights, but also to help in solving the situation. One of the real stories below:
Help my child!
The beneficiary’s parent applied to the Service Center of the Harm Reduction Program in *** city, saying that his child, who is HIV positive, is serving his sentence in Penitentiary Establishment #***. His health condition is particularly deteriorating, he is malnourished and his eyesight is impaired. Numerous appeals and requests for a medical examination were followed only by humiliation and an invariable “no” from the local doctor.
The REActor immediately accepted the case and contacted a lawyer and a regional coordinator, who contacted the Penitentiary Service and the Public Defender to address the issue. After our intervention, the convict was examined by doctors, underwent all the needed examinations, X-ray and computer examinations. The beneficiary has the right to use the necessary medical services. If necessary, the medicines allowed in the penitentiary institution should be available to him.
What does the Law say?
According to Article 53 of the Law of Georgia on Medical Activities, when providing medical services to a prisoner, detainee, or captive, an independent medical practitioner is obliged to provide protection and treatment of his / her physical and mental health to the same quality and medical standards as non-detainees or detainees.
It is important for patients to be aware of their rights in the penitentiary system:
The accused / convict has the right to receive the necessary medical services.
In the penitentiary institution, as soon as the accused / convict is admitted, his / her health condition is checked.
The medical care of the accused / convict is provided in accordance with the penitentiary health care standard, in compliance with the requirements for medical care established in the country in the field of health care.
• The accused / convict has access to the necessary medications in accordance with the list of basic medicines allowed in the penitentiary institution, approved by the order of the Minister.
If it is deemed appropriate to use branded medicine as prescribed by a doctor, the Ministry shall ensure the purchase of appropriate medicine and delivery to the prisoner.
In case of a substantiated request, the accused / convict has the right to invite a personal doctor at his / her own expense with the permission of the Director of the Penitentiary Department.
If the accused / convict cannot be treated at the medical unit of the detention / imprisonment facility, he / she may be transferred to the Accused / Convicted Medical Institution under the Penitentiary Department or to a general hospital.
A person placed in a penitentiary institution enjoys all the rights provided by the Law of Georgia on Patients’ Rights.
Vulnerable means limited?
Unfortunately, in our penitentiary system, there are very frequent cases of restriction of access to medical services, which in itself extends to vulnerable groups who are serving their sentences. In this case, fortunately, our response was immediate, although it should be noted that not all convicts have the opportunity to vote for fans outside the facility. Consequently, it is possible for such a person to be left without assistance.
REAct (Rights – Evidence – Actions) is a tool for monitoring and responding to human rights violations at the community level. In the Eastern Europe and Central Asia region, the system is being implemented by the Public Health Alliance through the #SoS_project regional project. REAct enables you to document and respond to barriers related to human rights, access to services, HIV prevention and treatment. In Georgia, the main implementing partner is the Georgian Harm Reduction Network (GHRN), which works in partnership with 14 other nongovernmental organizations to provide a wide range of services to key populations, including legal support and women’s rights services.
The REAct team in Tajikistan has developed information brochures and posters for beneficiaries of partner organizations to raise awareness of typical rights violations, as well as the services that victims can receive from REActors (paralegals).
The brochures contain the contact phone numbers of REActors in the regions, which can provide legal advice by phone or provide emergency legal assistance in cases of illegal detention, violence, or other human rights violations.
Currently, in Tajikistan, despite the efforts of the government and civil society, there remains a difficult situation with public awareness about the methods of transmission, prevention, and treatment of HIV, hence there are many outdated stereotypes about infection and people living with HIV (PLHIV).
Thus, in 2020, 165 appeals about human rights violations were registered in the online system REAct, in 121 cases the victim was a person living with HIV, and 48 cases had signs of discrimination due to positive HIV status. In addition, 48% of these violations were done by relatives, spouses, and neighbors. In everyday life, people living with HIV are exposed to stigma, insults, and domestic violence. There were cases when relatives, roommates didn’t allow to eat at a common table, use common utensils, or even kicked out a person with HIV of the house, and this is during open access with scientifically proven information about HIV transmission.
At the same time, it is important to note that in Tajikistan there are a number of laws condemning the violation of the rights of PLHIV, but the statistics of offenses and the history of a married couple from the Tajik hinterland, received by the human rights defenders REAct, outlines the need for active information work among the population under the laws of protecting HIV-positive people.
Trust, but defend your rights
This story began well for the heroine of the story, but the echoes of ignorance around HIV affected her simple desire: a warm home, mutual understanding with her husband, and the happy life of a family with children. This was the second marriage for a woman living with HIV, and she decided to enter into it with a revelation: she warned the groom about her HIV-positive status and he accepted this. In 2016, she married according to the Muslim nikah custom and later gave birth to two children. Despite the pre-wedding frankness between the spouses, her husband began to mock her HIV status and beat her in front of the children. In the hope of preserving the marriage for the sake of children, she silently endured violence and humiliation.
All her attempts to preserve the marriage were unsuccessful. The husband’s aggression only grew and, as a result, led to a logical separation. For six months they lived separately, and the woman mentally prepared herself for a quiet life without a husband.
She started to work and took care of the children, but there was another test ahead of her. Before marriage, her HIV status was known only to her parents, but now her life has changed dramatically. After parting from her husband, relatives began to ask her about HIV, neighbors avoided her in every possible way, the attitude of relatives changed radically. It turned out that her ex-husband began to tell everyone that she was sick with AIDS and for this reason, he did not want to live with her. All hopes of our heroine for a quiet life began to be distorted under the public pressure exerted.
The ice has broken or a breakthrough in the judicial practice of Tajikistan
In despair and in an attempt to restore justice, our heroine turned to a lawyer from the REAct team. There was drawn up and filed a statement of claim to the court “on the recovery of moral damage, illegal disclosure of personal life and health.”
The ex-husband, without good reason, did not appear at the court sessions, dragging out the trial. In the end, the defendant appeared at the trial and began to beg the woman to withdraw the statement of claim, promising a happy life together, but she made a firm decision and did not succumb to his emotional manipulation.
Tajik human rights activists called this case “a breakthrough in the judicial practice of Tajikistan”: on the basis of a court decision, the woman’s claim of her HIV status was disclosed, and recovering moral harm was satisfied. For violation of Article 23 of the Constitution of the Republic of Tajikistan, “The collection, storage, use and dissemination of information about a person’s personal life without his consent is prohibited,” the court exacted 20,000 somoni (approximately $ 1,754) from his ex-husband.
Lawyer’s comments: why is this case a breakthrough in the judicial practice of Tajikistan?
“Considering my practice, in which there were many similar claims to protect people living with HIV, the court made an important decision in favor of the victim and this case became a breakthrough in the court practice of the Republic of Tajikistan. The very statement about the recovery of moral damage always evokes a sharp reaction in society. The fact is that there is no established clear amount that can be used to assess the honest name and psychological state of a citizen. In some lawsuits, judges estimate the victim’s moral damage at $ 400, another judge can recover several thousand dollars from the offender, and there are also lawsuits in which citizens are simply denied such claims.
If earlier in cases of dissemination of information about a person’s personal life without his consent, medical workers acted as offenders, then this case is unique due to the rule of law over all subjects of the state who violated the article of the Constitution of the Republic of Tajikistan, in this case, the victim’s ex-husband” says the lawyer.
Small victory and ongoing battle of PLHIV
The Government of Tajikistan recognizes the need to combat stigma and discrimination against people, especially women living with HIV. Tajikistan’s National Development Strategy prioritizes women’s rights and the new National AIDS Program 2021–2025 contains a separate section on reducing stigma and discrimination against women living with HIV.
Recognition of the problem at the state level is already having a positive effect on litigation. But there is still insufficient awareness of the country’s population about HIV, which is why people living with HIV continue to discriminate and stigmatize society, they are not invited to family events, they are not approached by neighbors, they are subjected to additional psychological pressure in the family, they are not taken to work and so on. The case of our heroine with a positive HIV status, who heroically stood the trial against her ex-husband, shows the working mechanisms in the legal system that protect people living with HIV. At the moment, the court is considering her statement on a private charge of domestic violence from her ex-husband. And the current case gives hope for a fair victory in this lawsuit as well.
At the same time, there is a downside: the price of a public victory is high – nerves, pressure from her ex-husband, disclosed HIV status, which will negatively affect her interaction in society. The heroine with HIV status intends to go to the end and then live peacefully with her children, trying to provide them with the best future. Her example will definitely give a positive impetus to other women living with HIV who are in fear of threats from their loved ones who know their status because judicial practice now proves the inviolability of this information.
This course has been developed by Frontline Aids in partnership with the Open University as part of the work of the ACCESS Consortium.
The ACCESS Consortium (Approaches in Complex and Challenging Environments to Sustainable Sexual and Reproductive Health and Rights) was funded by UK Aid from the British people.
This course will be a available for people identified by Frontline Aids partner organisations as future ‘REActors’.
Learners on the course will receive additional support in the form of synchronous webinar sessions from Frontline Aids trainers and will also make use of the Course forum. You will be emailed separately by Frontline Aids before the course starts with all the details you need.
The six units that make up the course will introduce you to REAct and your role as a REActor.
Printable PDFs of each unit and a separate PDF summarising all of the course activities are provided in the resources folder of the website for offline access of the course content. However, please note that the PDFs do not offer the full functionality of the online activities and your completion of the course will not be tracked.
If you complete all six units online and both the start-of-course and end-of-course surveys you will be eligible to claim a Certificate of completion.
#SoS_project team, as well as national project partners in Georgia – Georgian Harm Reduction Network – respond to the events of July 5. We categorically condemn violence and aggression against civil activists, journalists, minorities, and any member of society. We express our solidarity with the people who have been restricted, guaranteed by the Constitution of Georgia, the right to express their opinion, which is the foundation of the country’s democracy.
On July 5th Tbilisi Pride march was planned, but right-wing groups coordinated contraction against the planned activity. The attacks targeted civic activists, community members, and journalists who were peacefully exercising the rights guaranteed to them by Georgia’s Constitution. Hate groups attacked citizens and also broke into and vandalized the offices of the Shame Movement, the Human Rights Center, and Tbilisi Pride, and attacked a long-term opposition tent protest outside of Parliament. At least 50 journalists were reported injured following anti-LGBTQ protests. On July 11th an injured journalist died.
“We call on the state to take appropriate measures. Any form of violence against any group, no matter how unacceptable, is not allowed.”- says Kakha Kvashilava, the Executive Director of the Georgian Harm Reduction Network.
This situation is just one of the hundreds of cases of hate crimes and violence that regularly happen in Georgia against LGBTIQ representatives. Despite the adoption of Laws against discrimination in both the public and the private sector, in education, in employment (Law on the Elimination of All Forms of Discrimination, 2014) and Legislation on hate crimes (Article 531 (3) of CC) the level of stigma and discrimination on the basis of sexual orientation and gender identity is still very high in Georgia. In 2017, amendments to the Georgian Constitution were adopted that changed the gender-neutral language of the constitution and effectively prohibited the recognition of same-sex marriages, although the Georgian Civil Code already contained a definition of marriage as a union between a man and a woman. (Art. 1106 Civil Code of Georgia). Discussions that took place against the background of political changes showed a high stigma towards LGBT people both in political life and in general from the community
Starting from December 2019 and by today there were recorded in REAct 67 cases of human rights violations of LGBTIQ representatives. Numerous cases are related to violence, beating, mockery, drubbing, and hate speech by unknown people on the street, in nightclubs, or other public places. Abusers call MSM and trans*people sick, humiliate them, throw stones and even beer bottles at them, threaten to kill them. Even though the victim dares to declare to police – rarely officers respond to the hate crimes properly. Another frequent situation is the exclusion of MSM and transgender people from their families and eviction from homes, as well as physical and psychological violence by their relatives.
Read the REAct reports to find out more evidence and statistics about human rights violations of vulnerable communities in Georgia.
The partners of the #SoS_project “100 % LIFE”, in cooperation with the Eurasian Women’s Network on AIDS, launched a training hub on HIV decriminalization for representatives of the community of people living with HIV in the region of Eastern Europe and Central Asia. Also, a unique practical guide “Support for people living with HIV affected by the criminalization of HIV infection in the EECA region” was published, which has been developed over the past six months directly by activists from the countries of the EECA region. It is based on the successful (and not) experience of community support of HIV-positive people in courts, which serves as an incentive and a tip for other activists in the region.
The aim of the training is to develop the community’s potential for self-defense and self-sufficiency: by forming a group of highly qualified specialists (primarily among people living with HIV) who are able to provide qualitative support for cases of human rights violations or paralegal assistance to people affected by HIV criminalization. Also, the initiators of the training course aim to guarantee the participants of the hub both the knowledge and practical skills of advocating legislative changes in the field of decriminalizing HIV transmission at the national level.
According to HIV Justice Worldwide, 18 out of 19 countries (except Malta) of the world belong to the EECA region with legislation that criminalizes the risk of HIV transmission, non-disclosure of information about the presence of HIV infection and HIV transmission. Many of these countries allow criminal prosecution for acts that pose no real risk or pose little risk. At the same time, there are very few professional lawyers in the EECA region who deal with court cases related to the criminalization of HIV transmission. Accordingly, HIV-positive people and their loved ones seek help, first of all, from activists from their community.
“We are no longer public defenders in the generally accepted concept since we provide qualified advice on legal issues. However, we are not lawyers and we do not have diplomas of specialized education “, – says Anatoly Leshenok, head of the RPO” People PLUS “, Republic of Belarus.
Every day in our countries, criminal cases are initiated against people living with HIV, under the article about knowingly putting another person at risk of HIV: which makes PLHIV solely responsible for the transmission of HIV. And this at a time when in reality the majority of new HIV transmissions are committed by people who do not know about their status. Thus, the criminalization of HIV discourages testing, contributing to the emergence of new cases and the development of the HIV epidemic.
“This kind of training has no analogs and is taking place for the first time. Considering the situation with the criminalization of HIV transmission in the EECA region, we see a great and continuous need for it. In order to qualitatively change the situation now and overcome the scale that is measured by approximately 1 million victims in the world annually, we must simultaneously both train a great quality of human rights defenders and convey to the public, government agencies, the donor community the need to support such events and mentor paralegals ”, – convinced Sasha Volgina, program manager of the Global Network of People Living with HIV.
The activities of the training hub and the publication of the practical guide “Supporting people living with HIV affected by the criminalization of HIV infection in the EECA region” became possible thanks to the regional project “Sustainability of services for key groups in the EECA region”, which is being implemented by a consortium of organizations from the EECA region under the leadership of the ICF Alliance for Public Health in partnership with the 100 % LIFE, the Central Asian Association of People Living with HIV and the Eurasian Key Groups Health Network with financial support from the Global Fund to Fight AIDS, Tuberculosis and Malaria.
Now in its second year, the online system REAct assists human rights defenders in Georgia, Moldova, Kyrgyzstan, Tajikistan and Ukraine to support the people from key groups and from late 2020, such support is also provided in Russia and Uzbekistan.
It should be noted that during the documentation period, the questionnaires in the countries were adapted and improved several times but the most extensive updating of the system functional became available on July 1, 2021.
“We received almost 2000 applications just for the first year. The difficult day-to-day work of 120 REActors-paralegal providing advice and legal assistance to representatives of key groups is growing rapidly. We make all possible modalities for efficient and convenient activities of the REActors. – Victoria Kalyniuk, REAct Regional Coordinator in Eastern Europe and Central Asia countries, explains – The number of member organizations and providing services REActors is steadily increasing in each country. We are confronted daily with new and specific types of violations and seek to broaden the types of services for the clients. For this reason, it is time for a significant upgrade of the online system.”
Note: In REAct, the cases of human rights violations are documented on the basis of an online questionnaire standardized for the country, which is filled by the REActor after an interview with the victim. The questionnaire consists of a text (narrative ) part for qualitative examination of information and an indicator (“check signs”, which then work as filters and indicators in charts) part for quantitative examination.
During verification of cases, there is periodically a need to complement the questionnaire that it enables to collect information qualitatively and generate statistics quickly that will display a real picture of the specifics of rights violations in any given key group.
Well, what new appeared in the system for the REActors of the EECA countries’ work?
• Communication lines with clients
The issues concern about how the client gets information on services and how he applied (called/wrote in social networks / came in person) have been added. This information will help us understand which communication lines and means of acquiring information worked best in a given country.
• List of key groups was expanded
The system allows you to select several key groups for one client, indeed, in practice, about 25% of clients belong to two or more key groups. In Russia, for example, it became necessary to register homeless people as a separate key group, because exactly the lack of registration is a barrier in accessing ART therapy.
• List of perpetrators and types of incidents was expanded
If we can see by the description of cases that one or another specific perpetrator or type of human rights violation is quite frequent, we make a separate filter in order in the future to be able to quickly find precisely those cases that include this type of perpetrator. For example, in Russia – “Federal National Guard Troops Service”, “Federal Bailiff Service”, in Moldova – “Guardianship and custody bodies”, in Kyrgyzstan – “Souteneur, “mom”, in Tajikistan – “Bureau of civil registration” were added to the list of perpetrators. The specific violations are added to the list of types of violations such as “Unreasonable fines”, “Forced confession”, “Civil rights restrictions on grounds of drug recording” etc.
• There was created a detailed list of subtypes of Refusal in medical care provision and social assistance.
Previously, the system had an overall filter “Refusal in the provision of health-care services” and “Refusal to provide social services”. It had been clear for some time that there needs to be a more detailed list of these subtypes in order to see more clearer in which one healthcare sector refusals due to discrimination most often occur.
• The process of monitoring of the activities of REActors has been optimized by the national coordinator
A separate cluster for financial reporting and for case validation by the coordinator has been created through which the process of calculating the monthly fee of the REActor and compensation of transportation costs will become a lot quicker and a lot easier.
• A library for REActors with useful publications and materials is added .
• It became possible to do announcements for all REActors within the country
• The monitoring of the case management by the reactor has been optimized
The dates of the latest updates for the case and the possibility to send a reminder when to update this case have been added. In this way, we could reduce the number of cases that are “in a hang state” in the database and were not updated by the REActors
The standard functional is also available in the database.
• Structured collection and storage of information about cases of criminalization and rights violation
• Instant monitoring of the collected information and provided legal services to the client
• Possibility of instant and teamwork of several specialists on one case to provide an integrated response
• Monitoring of the client redirection to receive medical and social services
• Qualitative and quantitative analysis of cases
• Enhanced visualization capabilities (graphs, diagrams, maps)
• Data application for planning and implementing human rights protection interventions and preventing similar cases in the future
• Evidential base for planning and implementing programs, policies and advocacy initiatives
REAct specificities:
• Online access / offline access / access from mobile phone
• Information saved up in the cloud which rules out data loss
• Confidentiality, strict surveillance of access to the database and two-factor authentication that rule out data theft / breach
• User-friendly interface and availability of different language versions
• Without paid licenses and updates
• Free use, instruction and customer support
On June 26, on the International Day against Drug Abuse and Illicit Trafficking, GHRN held a webinar “Change begins with you – stigma/discrimination against drug users”. The webinar preparation process was coordinated by the Social Campaign Coordinator, Georgia REAct Coordinator, and Media Communications Manager with active engagements of community representatives.
The webinar covered the following main topics:
Historical context, how HIV prevention started. Presentation of the study results – stigma towards PWID among medical staff;
Legal understanding of stigma/discrimination;
The role of stigma/discrimination on working with PWID, stigma/discrimination and NSP programs; (4) Case studies: Self-stigma and assessment of the current situation;
Stigma against female PWID – double stigma.
At the end of the webinar, a video produced in collaboration with GENPUD production where community members talk about their challenges on stigma/discrimination was presented.
Today, different groups of people are becoming victims of stigma and discrimination on a daily basis, and the way to save them is in our hands! Discrimination as a restriction or violation of human rights on the basis of social, racial, national, sexual, political, religious, or other character often occurs before us, but it may be difficult to identify.
The REAct team in Georgia is launching a social campaign #FightStigma to tackle the existing problems and raise awareness, which includes raising awareness of the problems of vulnerable groups, making videos to raise awareness among groups, preparing articles, media engagement, and many other activities that contribute to this group. In the process of fighting.
Within the framework of the GHRN social campaign, there were shared life stories, facts, statistics about the situation in Georgia today, what challenges do people from vulnerable groups face with and what we can do with that!
On June 26, on the International Day against Drug Abuse and Illicit Trafficking, GHRN is planning to hold a webinar “Change begins with you – stigma/discrimination against drug users”.
The team of the Public Association “SPIN Plus” in cooperation with the Republican Center for HIV/AIDS Prevention and Control organized a three-day training course for police officerson HIV and the rights of representatives of vulnerable groups.
The separate section of the training was the presentation of REAct results for 2020 and the discussion of evidence of human rights violations by law enforcement bodies based on this report.
“The training had been useful not only to improve theoretical skills –” one of the participants of the training shared. – We have received practical recommendations that we will try to apply in our work. In the framework of the training, information on HIV/AIDS was presented, as well as a new report on the violation of the rights of representatives of key groups and recommendations for improving the situation.”
It should be noted that the data presented in the REAct report should offer illuminating insights into directions for improving the human rights-oriented system in Tajikistan. The report contains specific recommendations that can be used by stakeholders to carry out step-by-step advocacy work to defend the rights of key groups.
Also during the three-day training course held with the support of the UNODC project, the following clusters of information were presented:
• Epidemiological situation in relation to the dissemination of HIV in Tajikistan. Ways that HIV is transmitted. HIV prevention efforts.
• Review of legislation on issues related to HIV/AIDS. Reforming the practices of criminalization of representatives of key population groups
• Cooperative actions to implement the purposes and tasks of the National Program of Counteracting the Spread of HIV/AIDS for 2021-2025
Following the event, the training participants emphasized the importance of conducting such events for representatives of law enforcement agencies.
The training was held within the framework of the UNODC project “Development of sustainable partnerships with law enforcement officials, healthcare sector and social sector to facilitate access to HIV prevention and provision of care for people who use drugs.”
The REAct tool is designed not only to document human rights violations but also to monitor the response and response to such incidents.
The “response” in the REAct methodology means any legal action on the part of the REActor or its organization, aimed at achieving justice, restoring the victim’s rights, and also re-educating or punishing the perpetrator so that such cases do not repeat in the future.
The response can also include advocacy and activities that achieve a comprehensive solution to similar incidents.
The most common response is:
Writing complaints and letters to the higher management of the culprit
Preparation of statements to the police and prosecutor’s office
Educational conversations with the perpetrator in order to re-educate him/her
Filing lawsuits
Solving cases using advocacy at the local level
A case is considered “resolved” if the REActor and/or its organization have taken all legal steps in their power to resolve the case. The outcome of events can be positive (everything was resolved in favor of the client) or negative (despite the efforts of the REActor, it was not possible to achieve the desired result). In case of a negative decision, REAct records the reasons why equity was not achieved in order to plan appropriate programmatic interventions in the future.
Read more about the types of case status, which is an assessment of the quality of the response, in the brochure below.
