Author: velyunsky

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HIV Criminalization Awareness Day: fighting for justice and understanding

Post author By velyunsky
Post date February 28, 2024

February 28 is HIV Criminalization Awareness Day. It has been observed since 2022 and was organized by the Sero Project, a non-profit organization, in collaboration with the Elizabeth Taylor AIDS Foundation. The day commemorates the criminalization, stigma, and discrimination of people living with HIV/AIDS and calls for action to overcome these issues.

Since the beginning of the AIDS epidemic in the 1980s, the encounter with the immunodeficiency virus has sparked not only a medical struggle but also social, cultural, and legal challenges. One of which is the criminalization of HIV, where people are criminalized because of their HIV status or for transmitting the virus to others without warning or consent. The criminalization of HIV has serious consequences. It can prevent people from seeking health care or getting tested for HIV for fear of being arrested or discriminated against. It hinders effective HIV/AIDS prevention and treatment, increasing the risk of spreading the virus.

Although HIV criminalization is gradually decreasing in many countries, stigma and discrimination in the Eastern Europe and Central Asia region remain serious problems that require further efforts by governments, civil society organizations, and society at large. But there have been positive developments in this complex process in recent years:

In Tajikistan, an important step towards decriminalization of HIV was taken in early 2024 – a new resolution of the Plenum of the country’s Supreme Court calls on the judiciary to more objectively consider issues related to criminal liability under Article 125 of the Criminal Code of Tajikistan. The ruling obliges courts to be guided by new norms that take into account international standards and recommendations, including the concept of “Undetectable = Untransmissible” approved by UNAIDS and WHO. According to this concept, people living with HIV, receiving antiretroviral treatment, and having an undetectable viral load are unable to transmit HIV.

According to information provided in the Eurasian Women’s Network on AIDS report “HIV Criminalization Scan in Eastern Europe and Central Asia 2018-2022”, in Kazakhstan, a draft law “On Amendments to the Criminal Code of the Republic of Kazakhstan on Liability for Transmission of Human Immunodeficiency Virus (HIV)” was developed in 2022. This proposal envisages the complete abolition of Article 118 of the Criminal Code of the Republic of Kazakhstan due to the need to implement the Concept of Legal Policy of the Republic of Kazakhstan until 2030 and to bring national criminal legislation in line with international standards and recommendations in the area of criminalization of HIV transmission.

In Uzbekistan, the situation with HIV criminalization remains one of the most serious in the region, and improving the situation requires the joint efforts of the Government, civil society organizations, and the international community. Under article 113 of the country’s Criminal Code, “the spread of a venereal disease or HIV infection/AIDS, according to which knowingly exposing a person to a risk of infection or exposure to HIV infection/AIDS is punishable by imprisonment from five to eight years. And infection of another person with HIV infection/AIDS due to non-fulfillment or improper fulfillment of professional duties by a person – is punished by a fine from one hundred to two hundred minimum wages or compulsory community service from three hundred sixty to four hundred eighty hours or corrective labor up to two years or restriction of freedom from two to five years or imprisonment up to five years.”

In the country, HIV criminalization is manifested through various forms of discrimination in access to medical care, employment, education, and other spheres of life, but thanks to the work of non-governmental organizations, the situation within society and at the state and international levels is gradually changing. Thus, in January 2022, the Eurasian Women’s Network on AIDS, in cooperation with the Alliance for Public Health, presented an alternative report on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women by the Republic of Uzbekistan. This report was submitted for the 81st session of the UN Committee on the Elimination of Discrimination against Women. As a result of its consideration of the report, in its concluding recommendations to the 6th periodic report of Uzbekistan, the Committee made the following recommendations:

– Decriminalize the endangerment and transmission of HIV/AIDS through sexual contact between consenting adults. This includes repealing articles 113 of the Criminal Code, as well as articles 57 and 58 of the Code of Administrative Offenses.

– Repeal discriminatory legislation that denies women infected with HIV/AIDS the right to adoption, guardianship, and foster care.

In Georgia, under current legislation, persons living with HIV can be held liable for transmitting the virus or endangering others. According to Article 131 of the Criminal Code of Georgia, established as early as 1999, a person who is aware of his/her HIV-positive status is obliged to notify his/her spouse/sexual partner of his/her HIV status. Despite the existence of this article for a long time, data on criminal cases initiated under it until 2018 is virtually non-existent. According to information provided by the Supreme Court, there have been no prosecutions under Article 131 between 2018 and 2022.

Around the world, organizations are holding events, awareness campaigns, and actions to support HIV Criminalization Awareness Day. They are calling on governments and civil society to take action to protect the rights and dignity of people living with HIV because it is critical to ensure that the rights of this key group are protected and to focus on medical care, awareness, and education rather than punitive measures. It is worth remembering: not just February 28 – but every day is an important day to fight for justice, respect, and the elimination of discrimination.

Celebrating LGBTIQ history month in Eastern Europe and Central Asia: a journey of resilience and progress

Post author By velyunsky
Post date February 21, 2024

February is LGBTIQ History Month – a time to shine a spotlight on the actions and achievements of members of the LGBTIQ community throughout history. While the recognition and celebration of history are global, it’s essential to acknowledge the unique experiences and challenges faced by LGBTIQ individuals in different regions, particularly in Eastern Europe and Central Asia (EECA).

The history of LGBTIQ rights and activism in EECA is complex and varied. Discrimination, violence, and harassment remain widespread, fueled by cultural, religious, and political factors. In some countries, laws targeting LGBTIQ individuals continue to exist, restricting their rights to freedom of expression, assembly, and association.

There are 57 organizations in the REAct system providing health services to members of the LGBTIQ community. In 2023 alone, 1,109 referrals were documented and this number remains among the leaders:

Registered cases	Other countries	Ukraine
Key group (people, who use drugs)	1279	707
Key group (people living with HIV)	1683	1152
Key group (sex workers)	1054	347
Key group (LGBTIQ)	1109	437

Main types of perpetrators (by countries where REAct works and for all years). As a rule, violence against victims is perpetrated by private individuals.

Police	516
Family, relatives	300
Acquaintances	173
Hate group	175
Husband/wife, intimate partner	137
Other specialised doctor, NOT related to HIV/AIDS and TB	101
Client of sex worker	82
Employer	104
Representative of the same key group	72
Neighbours	96
AIDS center or other doctor related to HIV/AIDS	65
Business, shops, service sector	56
Hospital, inpatient facility	57
Homeowner or landowner	42
Special law enforcement services	35
Military, army	25
Political representatives	21
University	21
Migration service (state service	15
Border guards	13
Media and journalists	13
School	10

Main types of violations (by countries where REAct operates and for all years)

Hate speech, verbal abuse	913
Threatening, intimidation, harassment	867
Violence by individuals based on hatred	571
Extortion, blackmail	260
Public outing, defamation	208
Eviction, coercion to leave the residence	188
Arbitrary arrest or detention	167
Misuse of power by law enforcement	165
Other breach of privacy	151
Sexual assault/abuse	148
Domestic/intimate partner violence	130
Excessive use of force by law enforcement	118
Destruction of property, motivated by hatred	108
Dismissal, denial of employment	99
Denial of protection and investigation by the police	81
Refusal to provide hospital care and other medical service	74
Psychological mistreatment in public health facility	68

Thus, in modern Tajikistan, representatives of the LGBTIQ community face serious violations of their rights. Detentions under Article 241 of the Criminal Code (distribution of pornography) have become more frequent in the country. The grounds for such charges are personal intimate photos found on the phones of the accused or intimate correspondence. Renata’s story is an important example of the continuing struggle for rights and freedom and emphasizes the need to support and protect those who face discrimination and persecution because of their gender and sexual identity.

Kazakhstan recorded an incident involving Danara, a 25-year-old queer woman and LGBTIQ activist. Her story was a powerful example of the struggle to ensure equal rights and non-discrimination in the workplace, regardless of their sexual orientation.

In Armenia, a trans woman, activist, and employee of a local NGO was attacked. Thanks to her courage and determination, her attacker was apprehended and a criminal case was opened. Her story served as a reminder that everyone can and should fight for their rights and the rights of others.

However, despite these challenges, there have been significant strides towards equality and acceptance in recent years. One of the key aspects of LGBTIQ history in this region is the resilience and courage of activists who fight tirelessly for their rights from grassroots movements to organized protests. To challenge discriminatory laws and societal attitudes. The visibility of LGBTIQ issues has increased thanks in part to the efforts of activists, organizations, and allies. Pride events, film festivals, and other cultural initiatives have helped to raise awareness and foster a sense of community among LGBTIQ individuals.

Moreover, there have been notable advances in terms of legal recognition and protection for LGBTIQ rights in certain countries. For example, Estonia has legalized same-sex partnerships, while others have introduced measures to combat discrimination based on sexual orientation and gender identity.

It’s also important to recognize the role of international organizations and human rights bodies in promoting LGBTIQ rights in EECA. The European Union, the Council of Europe, and the United Nations have all called on countries in the region to respect and protect the rights of LGBTIQ individuals. These efforts help to push for legislative reforms and provide support to local activists and organizations.

By standing in solidarity with LGBTIQ individuals and supporting their rights, it is worth noting that LGBTIQ History Month provides an opportunity to honor the achievements and contributions of community in EECA, while also acknowledging the challenges it continues to face. However through activism, advocacy, and solidarity, we can strive to create a world where everyone, regardless of sexual orientation or gender identity, can live with dignity, equality, and respect.

Empowering social justice in Eastern Europe and Central Asia: a call to collective action

Post author By velyunsky
Post date February 20, 2024

The World Social Justice Day, observed annually on February 20th, stands as a poignant reminder of the ongoing struggle against unemployment, social exclusion, and poverty. This globally recognized day, as mandated by the United Nations General Assembly, underscores the critical importance of social development and justice in fostering peace and security within and among nations. As we navigate through the complexities of the modern world, it is increasingly evident that social development and justice are not only fundamental rights but also indispensable prerequisites for sustainable peace and prosperity. As the International Labour Organization points out in its latest World Employment and Social Outlook report, as of 2023:

– 241 million workers lived in extreme poverty.

– 423 million workers lived in moderate poverty.

These alarming numbers underscore the urgent need for concerted efforts to address the root causes of working poverty and boost economic opportunities globally.

It resonates profoundly across Eastern Europe and Central Asia (EECA) as well, where socio-economic disparities, conflicts, and institutional weaknesses have strained the fabric of social cohesion. Against this backdrop, there is a pressing need to galvanize efforts towards fostering a more inclusive and equitable society.

As we approach the halfway mark towards realizing the ambitious goals of the 2030 Agenda, it becomes imperative to intensify our endeavors toward promoting inclusive and sustainable economic growth, employment, and decent work for all. Central to this endeavor are the four interconnected dimensions of social justice: ensuring universal human rights and capabilities, facilitating equal access to opportunities for employment and productive activity, promoting fair distribution outcomes, and facilitating just transitions amidst significant societal transformations.

Despite pockets of resilience observed in labor markets during the preceding year, the global economic landscape remains fraught with uncertainties, exacerbating structural inequalities and leaving millions marginalized. Projections indicate a further deterioration in the global unemployment rate in the 2024 year, with EECA bearing a disproportionate burden. Alarmingly, millions within this region continue to grapple with extreme or moderate poverty, highlighting the urgent need for targeted interventions to address the root causes of working poverty and enhance economic opportunities.

In response to these challenges, governments across EECA must prioritize initiatives aimed at bolstering domestic economies, fostering regional cooperation, and providing targeted support to vulnerable economies. Furthermore, there is a pressing need for a comprehensive approach that leverages education, social protection, and environmental sustainability as catalysts for transformative change.

In the context of the rights of working representatives from key groups such as people living with HIV, sex workers, and LGBT+ individuals, there is a need for special attention to their vulnerability and protection of their rights in the workplace. In many countries in EECA, these groups face systematic discrimination and stigma, which creates additional barriers to obtaining decent employment and protection in the labor market.

Kyrgyzstan:

Case: A woman was fired because of a history of incarceration and drug use, although she had already been reinstated. After she was accused of stealing a cell phone, she was fired and deprived of her full salary.

Solution: The client was provided legal advice by REActors and accompanied at her place of employment. After negotiations and the presentation of camera video proving her innocence, she was reinstated and received compensation for moral damages.

Kazakhstan:

Case: A man living with HIV came to REActors after he was denied employment (as a massage therapist) at a private medical center. He was rejected because of his HIV+ status and was also neglected.

Solution: The client was counseled on the rights of PLHIV patients and the Labor Law of the Republic of Kazakhstan. The REActors accompanied him to the medical center, where they drafted a pre-trial statement and spoke with the head doctor. After explanations, they apologized and offered him a job (but the man refused).

Azerbaijan:

Case: REActors were approached by a client who was working on a construction site. He was supposed to be paid 15 manat per day (about 8 euros), but he received only 5 manat and the remaining 10 manat was to be paid every 2 weeks. At the end of the term, he was fired and paid nothing, with the excuse that he was from a community of people, who use drugs.

Solution: After consulting with a lawyer, the REActors met with the foreman and explained to him that illegal dismissal is punishable, regardless of whether the worker was officially employed or not. He agreed to pay the man 140 manat and the client dropped further complaints.

In light of these (and other) cases, regional and national human rights programs should include measures to protect the rights of workers from these key groups. This includes ensuring workplaces free from discrimination based on HIV status, sexual orientation, or gender identity, as well as ensuring equal access to employment opportunities and social protection.

Human rights organizations and government bodies should collaborate to develop and implement policies aimed at strengthening the rights of workers from key groups. This may involve awareness campaigns about workplace rights, training for employers and employees on non-discrimination principles, and creating mechanisms for recourse for rights protection (as REAct instrument).

To ensure the successful integration of these groups into the work environment, attention must also be paid to their specific needs and vulnerabilities. This may include providing access to HIV and LGBT+-related medical services, as well as creating safe and supportive working conditions for sex workers.

The commemoration of the 2024 World Day of Social Justice serves as a rallying cry for renewed commitment and collective action. By bridging existing divides and forging strategic alliances in support of the Global Coalition for Social Justice, societies can unlock their full potential and pave the way for sustained reductions in poverty and inequality. Moreover, by fostering inclusive growth and social cohesion, these efforts can contribute significantly to peace, stability, and intergenerational solidarity across the region.

In EECA, the imperative to advance social justice transcends mere moral obligation; it is a strategic one and essential for building resilient and equitable societies capable of withstanding the myriad challenges of the 21st century. Adopting a multidimensional approach to protecting the rights of working representatives from key groups will not only ensure equal opportunities in the labor market but also contribute to creating a more just and inclusive society of this diverse region.

The first open webinar on drug policy was held in Georgia

Post author By velyunsky
Post date February 18, 2024

Georgia hosted its first public webinar on drug policy on January 30. The webinar was organized by FTF as a wrap-up event of the project – drugpolicy.ge. It was the first of its kind in Georgia, aimed at collecting and processing objective and relevant information, as well as providing the public with facts based on open sources and uncensored.

The first part of the webinar was devoted to a presentation of the project itself. The second part was a discussion on drug policy to strategize on how to implement plans. One of the national REActors also spoke as part of this discussion, presenting the key results of the system in the country and the challenges faced by clients.

The organization of the webinar was supported by the European Union and the Open Society Foundation. It is important to note that the content of the webinar is solely the responsibility of its organizers and does not represent the official position of the European Union and the Open Society Foundation.

Tajikistan has taken the first step to protect the rights and eliminate discrimination of citizens living with HIV

Post author By velyunsky
Post date February 13, 2024

The Plenum of the Supreme Court of Tajikistan has adopted a new resolution aimed at humanizing judicial practice under Article 125 of the Criminal Code of Tajikistan on HIV transmission.

The ruling recommends that courts take into account international standards and recommendations in the field of HIV/AIDS, in particular the principle of “Undetectable = Untransmissible” (U=U), which will allow for a more objective approach to assessing each case. This means that people living with HIV, taking ART, and achieving a non-transmissible viral load can no longer be criminalized for putting them at risk of HIV transmission.

The Alliance for Public Health applauds the country’s intentions towards HIV decriminalization, in fact, in the first and second cycle of the regional #SoS_project, many interventions focused on advocacy activities as well as direct assistance to those affected by repressive HIV policies.

“The depressing legacy of the Soviet Union in many post-Soviet countries is essentially discriminatory legislation. Under Article 125 of the Criminal Code, women are mostly prosecuted, while today women living with HIV, taking treatment, and giving birth to healthy children, all people with HIV live as long as without it. Families where partners with different HIV statuses do not transmit the disease to each other live happily, and this is happening not only somewhere in the world, but in neighboring countries like Tajikistan.” – said Tеtiana Deshko, Director of the International Programs Department, Alliance for Public Health.

The decisions adopted at the Supreme Court Plenum also mark Tajikistan’s first step in improving the justice system, which will allow for a fairer interpretation of existing laws. That said, it has yet to establish new humane laws and the Criminal Code of Tajikistan still criminalizes putting people at risk of HIV transmission.

“Therefore, human rights defenders in Tajikistan have a lot of work to do together to advocate for further legislative changes and we regularly provide the evidence base to REAct, the largest community-based monitoring tool in Eastern Europe and Central Asia, to achieve our goals,” – summarized Tеtiana Deshko.

Since 2020, REAct in Tajikistan has registered more than 2,700 referrals from people living with HIV and people at risk. Due to the criminalizing laws in place, people are constantly subjected to discrimination and stigma. The most frequent violators of victims’ rights are the close environment (family, relatives) – 66%, law enforcement, and judiciary – 15%, and medical and health care workers – 10%. These figures demonstrate the pervasive and all-encompassing stigma that people from vulnerable groups face at every turn, often from those closest to them. It is the threat of criminal prosecution for having HIV that is the main reason for violence and humiliating treatment of victims.

In addition, women are particularly vulnerable, as they are the first to find out their status (often during medical examinations in connection with pregnancy) and the first couple to be prosecuted under Article 125 of the Criminal Code of Tajikistan. On average, every third woman who applied to REAct suffers from physical violence from her close environment (husband, sexual partner, relatives). It is often the HIV status that is the main cause of violence and at the same time the main obstacle to seeking protection from the police.

In 2023 alone, REAct human rights defenders registered more than 40 cases from people accused under Article 125. Of these, 15 cases under Article 125, Part 1 of the Criminal Code of Tajikistan became strategic and were taken for support by REAct lawyers and partner organizations. Unfortunately, despite the professional work of lawyers and appeals to the international standards of WHO, only 3 cases ended in favor of the accused, the rest were sentenced to imprisonment from 6 to 18 months.

REAct human rights activists shared their stories

Punishment without crime.

HIV-positive single mother Nikora (name changed) was sentenced to 1.5 years in prison under Part 1 of Article 125. She was given a suspended sentence until her child reached the age of eight. The fact that the court gave Nikora a real criminal sentence without taking into account the negative HIV test results of all “victims” and the absence of claims against Nikora from their side is egregious.

In the court case, the woman was accused of putting four men with whom she had unprotected sex over the past four years at risk of contracting HIV because she had failed to report her registration with the AIDS Center since 2015.

A court without a victim

A female resident, who injected drugs, worked as a volunteer in an NGO. A criminal case was initiated on **.**.2018 under part 1. of article 125 of the Criminal Code of RT. The victim in this case was a man. During the trial, the man stated that he did not agree with the fact that he was recognized as a victim. After the criminal case was initiated, based on the conclusion of a commission examination, it was found that the man did not have HIV. At the trial, the woman’s lawyer asked: “Did the defendant offer to use a condom during sexual contact?”, to which the man replied: “Yes, but I refused. I know that she has this disease, but I love her, I will live with her, and I have no claims or demands against her.”

The legislation of the Republic of Tajikistan refers Article 125 part 1 to cases of private-public prosecution, which means that these cases are initiated on the application of the person who suffered from the crime, but in case of reconciliation, the proceedings on them are not subject to termination. Thus, the defendant was sentenced – 1 year and 2 months of imprisonment under part 1 of article 125 of the Criminal Code of the Republic of Tajikistan.

“The diversity and wide range of appeals about violations of the rights of people living with HIV in Tajikistan is striking. We see that literally at every step, whether it is home, school, polyclinic, or civil registry office – HIV status is a verdict. Surprisingly, it is in Tajikistan that we record the highest level of response to human rights violations. Thanks to the effective support of peer counselors and paralegals (REActors) from nongovernmental organizations, more than 70% of appeals are resolved positively for the victim/s through medical and social support, legal advice, and direct intervention by the reactor in the situation. In a country with repressive legislation, the only thing left for human rights defenders is to educate perpetrators about HIV to practically reduce stigma towards HIV-positive people and explain ways of HIV transmission and prevention.” – shared Victoria Kalyniuk, Regional Coordinator of REAct in EECA countries.

This Supreme Court decision is an important step in the overdue reform of laws and practices related to people living with HIV in Tajikistan. It is important that this decision becomes part of routine practice on the ground and leads to changes in the situation for people with HIV. The abolition of Article 125 of the Criminal Code should follow and permanently change outdated norms and practices.

Request as discrimination: protecting the rights of HIV patients in Kazakhstan

Post author By velyunsky
Post date February 5, 2024

Rayana (name changed), a woman living with HIV, faced a violation of her rights when trying to take a trip to a sanatorium. The staff demanded a certificate from the AIDS Center, which would have forced Rayana to disclose her HIV status. The woman did not want to do this, as she was eager to avoid possible negative consequences.

The staff’s demand to provide such a document is a violation of the client’s rights. Medical information, including HIV status, is strictly confidential and may not be disclosed without the patient’s consent. Staff of medical institutions are obliged to comply with these norms and not to demand disclosure of information that may lead to stigmatization or discrimination of the patient.

To protect her rights, Rayana turned to REActors for help. In response to the sanatorium’s misconduct, the REActors prepared and wrote a complaint to the Public Health Department. The complaint emphasized that the institution’s demands contradict the laws on personal data protection and patients’ rights, and requested to take measures to restore justice.

The situation faced by Rayana emphasizes the importance of protecting the rights of patients with HIV and the need to respect the confidentiality of medical information. All healthcare providers must respect the rights of their patients and protect them from discrimination and stigmatization.

Victory in the protection of privacy: the history of dormitory housing in Uzbekistan

Post author By velyunsky
Post date January 8, 2024

In today’s world, ensuring the protection of individual rights and freedoms is an integral part of our society. Recently, an incident occurred in one of the dormitories in Uzbekistan that raised the important issue of protecting women’s privacy rights.

Zhon (name changed), a resident of the dormitory, was confronted with an order from the head of the dormitory prohibiting men from entering the women’s rooms. This order contradicted basic principles and violated women’s right to privacy. Together with the lawyer, she filed an application to the prosecutor’s office and an appeal to the head of the dormitory to cancel this absurd order.

Thanks to the client’s active position and legal support, the prosecutor’s office explained to the head that such an order was a direct violation of the constitutional rights of Uzbek citizens. The incident was successfully resolved, and now women in the dormitory can meet with friends without unreasonable obstacles.

It is important to remember that the protection of women’s rights to privacy is an integral part of respect for human dignity. This case reminded everyone of the importance of protecting the personal freedoms of every citizen.

Original Source (in Russian)

Let’s stop discrimination: protecting children’s rights in kindergartens in Uzbekistan

Post author By velyunsky
Post date December 29, 2023

Nowadays, the obligation to discuss and protect the rights of every individual, especially those who influence the future – children – comes to the forefront. Recently, Guli (name changed) turned to REActors for help, as her child was excluded from kindergarten due to the status of the mother.

Unfortunately, the child was a victim of stigmatization. Together with the client, an application and appeal to the prosecutor’s office was filed to protect the child’s rights and hold the kindergarten staff responsible for discrimination.

Thanks to legal support and active efforts in fighting for the rights of the child, the prosecutor’s office worked with the head of the kindergarten and the responsible employee involved in the disclosure of the mother’s status. The child was reinstated in his rights to education and the employee who violated the child’s rights was dismissed.

The incident was settled amicably, given the client’s desire to avoid publicity and scandal. It is important to note that the protection of children’s rights is one of the key principles of justice in society. Such cases of discrimination must be addressed and stopped promptly so that every child has equal opportunities for education and development.

Original Source (in Russian)

Fighting for privacy: personal data protection in Uzbekistan

Post author By velyunsky
Post date December 26, 2023

In today’s world, ensuring the security of personal data and respect for human dignity are becoming key aspects. Mansur (name changed), faced with a violation of his rights and privacy, raised the issue of improper disclosure of his status to his neighbors, which led to threats of eviction from his living quarters.

Working together with the client, REActor filed a complaint to the N* Uzbekistan Committee. The staff member responsible for the breach of confidentiality was summoned for clarification and presented with the relevant document on the violation of the law. He admitted his mistake, apologized, wrote a resignation letter, and then a meeting was held to emphasize the inadmissibility of disclosing personal health data.

The incident was successfully resolved, but to avoid further conflict, the client decided to change his residence. This case highlighted the importance of protecting personal information and supporting those facing similar breaches.

Protecting privacy is not only a matter of legality but also a matter of respect for each individual. Similar situations must be addressed and resolved with the protection of the rights and dignity of each individual in mind.

Original Source (in Russian)

Isolation, denial and victory: the case in a dental clinic in Kazakhstan

Post author By velyunsky
Post date December 21, 2023

The symptoms of periodontitis forced Saule (name changed) to seek help at a dental clinic recommended by a friend. However, at the first visit, the doctor began to investigate not only the condition of her teeth but also Saule’s HIV and hepatitis status. Upon learning of her infectious diagnosis, the doctor refused treatment, citing “inability to provide services” because of Saule’s status.

The girl’s surprise increased when her friend, who had applied for a similar service, received it without problems. When Saule learned that the doctor not only refused treatment but also advised her friend to stop communicating, citing contagiousness, she decided to look into the situation.

The doctor argued that the clinic lacked the necessary equipment, tools, and protective clothing to work with HIV-positive people. Faced with such discrimination, the girl turned to REActor for support, who provided an HIV training module and explained Saule’s rights.

The next day, the REActor visited the clinic and spoke with the doctor about the inadmissibility of disclosing information about HIV-positive patients and the obligations of medical staff towards HIV-positive people.

The clinic apologized, provided dental care to Saule, and ensured that such violations would not happen again.

This story emphasizes the importance of respecting patients’ rights, denouncing discrimination, and the need to educate medical staff about HIV infection. Fighting for equal rights to health care is a key element in creating an inclusive and tolerant healthcare environment.

Fighting for rights: confronting discrimination based on TB in Kazakhstan

Post author By velyunsky
Post date December 19, 2023

The story of Marat (name changed), an electrician from Kazakhstan, was a testament to injustice and discrimination in the workplace due to illness. The difficulties began when his health deteriorated, leading to a diagnosis of tuberculosis. However, when he returned to work after successful treatment, he was in for an unpleasant surprise.

For the past two months, Marat had been experiencing severe symptoms of TB: coughing, fever, loss of appetite, and weight loss. Concerned about his condition, he went to the doctor, which eventually led to the diagnosis. After active treatment and return to work, Marat faced dismissal due to TB and denial of benefits.

Intervening in the situation, the REActor and the TB lawyer advocated on Marat’s side. They visited the company, negotiated with the director, and explained the laws governing temporary disability and workers’ rights. Referring to the Government Decree and Article 55 of the Labor Code of the Republic of Kazakhstan, they emphasized the unacceptability of dismissal due to TB.

As a result of successful negotiations, Marat was reinstated at work and paid one month’s temporary disability allowance. The director pledged to avoid similar violations in the future.

This story emphasizes the need to respect workers’ rights and the inadmissibility of discrimination based on illness. Confronting such situations requires awareness of rights, strong intervention by public bodies, and an unwavering fight for labor justice. Everyone, regardless of their health, deserves respect and equality in the workplace.

Eviction from a dormitory due to HIV+ status in Kazakhstan

Post author By velyunsky
Post date December 14, 2023

The story of Maria (name changed), living with HIV+ in rented dormitory accommodation, was a testimony of injustice and discrimination. But thanks to the decisive actions and support of REActor, the woman was able to defend her rights and change the course of events.

In the latest episode of her fight for equal rights, Maria was notified that she needed to be evicted from the dormitory because of her HIV+ status. The commandant of the dormitory made it clear that Maria staying there could pose a risk of HIV transmission to other residents, especially children.

This is not the first case of discrimination Maria has faced, but this time she decided not to keep silent and turned to REActor for help. The paralegal provided her with not only support but also information about her rights and possible actions.

The first step was the REActor’s consultation with Maria. Her rights were explained and possible steps for advocacy were suggested. Then, together with the REActor, they went to the dormitory to discuss the grounds for eviction with the administration.

A meeting with the hostel commandant confirmed that the decision to evict was directly related to the HIV+ status of Maria and her child. To overcome stigma and discrimination, the REActor decided to have a preventive conversation with the hostel administrator. The ways of HIV transmission and prevention methods were explained, it was emphasized that HIV is not airborne and that discrimination against PLHIV is unacceptable.

The commandant of the dormitory apologized for the incident and assured Maria that she was allowed to stay. There was also a promise of confidentiality and training for dormitory staff to prevent similar incidents in the future.

This story highlights the importance of combating discrimination and stigmatization of PLHIV in Kazakhstan. By persevering and seeking help, Maria and the REActor were able to achieve justice and change society’s view of the real risks of HIV transmission. Combating prejudice and raising public awareness about PLHIV remain key steps towards an inclusive society.

Denial of hospitalization: story of the fight against discrimination and stigma in Kazakhstan

Post author By velyunsky
Post date December 12, 2023

It all started with Ruslan’s (name changed) HIV test, which turned out to be positive. According to the preliminary agreement with the REActor, a visit to the AIDS center was scheduled to confirm the diagnosis. However, on that day the situation took an unexpected turn.

Ruslan was found by the REActor in an extremely serious condition, experiencing intense pain. The client reported that he had already asked for an ambulance the day before, but had been refused. The REActor called the ambulance again but also faced a negative reaction from the medical staff. They treated the man with disdain (Ruslan was from a community of people who use drugs and had no permanent residence at the time of the call), believing that he did not need hospitalization and expressing displeasure with his smell.

Despite the difficulties, the REActor insisted on hospitalization, taking full responsibility for the client. Eventually, after much persuasion, Ruslan was still taken to the emergency hospital. Immediately thereafter, the REActor contacted the superintendent, summoning an ambulance crew and holding a meeting about the unacceptable treatment and discrimination of patients.

However, after being discharged from the hospital, a new challenge arose – refusal to register for dispensary registration at the City AIDS Center due to lack of attachment to the polyclinic. Again, the REActor took on the problem, providing support with documents and ensuring that he was attached to a polyclinic.

Ruslan underwent all the necessary tests at the AIDS Center and started antiretroviral therapy (ART).

This story demonstrates how stigma and discrimination create additional difficulties for patients, depriving them of their right to quality medical care. Thanks to the perseverance and determination of the REActor, stereotypes and discrimination were countered. This case became a call to combat negative stereotypes, raise awareness among medical staff, and create a tolerant environment where every patient can expect impartial and quality care, regardless of their status or circumstances.

Drug policy of zero tolerance and double standard practices. ENPUD analytical paper on the situation in Kazakhstan

Partners' publication

Post author By velyunsky
Post date December 8, 2023

In 2023, ENPUD’s Expert Council on Drug Policy started documenting strategic cases among people who inject drugs in Eastern Europe and Central Asia. In Kazakhstan, 3 strategic cases were documented. Based on the collected evidence, ENPUD experts prepared an analytical document on drug policy trends in the country.

Zero tolerance policy and double standards practice, this is all you need to know about the fight against drug trafficking in Kazakhstan. To say that there is outright repression of drug addicts here is to say nothing. The dictatorial system can only prohibit everything and limit people’s rights and freedoms in every possible way, what to say about people who use drugs?

In Kazakhstan, “drug addiction” is a stigma, with which it is almost impossible for a person to fully socialize in a normal society, because this label will constantly hang behind the back, highlighted in all electronic databases, even after the official deregistration. Such a person is in a constant atmosphere of distrust and violation of rights, he can be taken for examination for no other reason than the

He or she is denied access to the civil service and many other official places, including representative bodies, as this fact is often used by the authorities as criminalization and banal compromise. These facts of marginalization are confirmed by health professionals, publications in the media, as well as by the testimonies of people who are registered as drug users.

This publication is a product developed independently by the regional community ENPUD. The opinions expressed in the publication may not align with the position of the Global Fund, the Alliance for Public Health, the regional project SoS_project, REAct, or partners in the countries. Representatives of the aforementioned organizations were not involved in the writing, approval, or review of the material presented in this publication.

Tags ENPUD, Kazakhstan

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Criminal Drug Policy in Kyrgyzstan: Illusion of Change and Real Consequences. ENPUD publication

Partners' publication

Post author By velyunsky
Post date December 8, 2023

In 2023, ENPUD’s Expert Council on Drug Policy began documenting strategic cases among people who inject drugs in Eastern Europe and Central Asia. In Kyrgyzstan, 7 strategic cases were documented. Based on the collected evidence, ENPUD experts prepared an analytical document on drug policy trends in the country.

In Kyrgyzstan, as in many other countries, the problem of repressive drug policy remains one of the serious social and public problems. However, against the background of the fight against illicit drugs, some cases raise doubts about the legality of the actions of law enforcement agencies. In recent years, cases of people who use drugs or have a history of drug use being subjected to arbitrary treatment by police officers have become increasingly common, raising serious questions about the legality and fairness of such actions.

fairness of such actions.

For many years, police officers have portrayed people with drug problems as criminals and dangerous subhumans, dehumanizing them and creating stigma and discrimination. This practice was intended to deprive civil society of the grounds for defending the rights of such people. Instead of following its true purpose of protecting the property, health, and social well-being of all citizens,

including those who have encountered drugs, the police sometimes carried out actions that violated their rights.

Drug control agencies in Kyrgyzstan have long used practices that violate the rights of people who use drugs or have a history of drug use. This included planting drugs, extortion, and corruption. Such police behavior created additional hardship for those who were already in difficult situations.

This publication is a product developed independently by the regional community ENPUD. The opinions expressed in the publication may not align with the position of the Global Fund, the Alliance for Public Health, the regional project SoS_project, REAct, or partners in the countries. Representatives of the aforementioned organizations were not involved in the writing, approval, or review of the material presented in this publication.

Tags ENPUD, Kyrgyzstan

Response stories

Violence against a sex worker in Armenia and her legal support

Post author By velyunsky
Post date December 6, 2023

Lusine (name changed), 32 years old, faced severe violence from a client she encountered in the course of her professional activities in N city. Lusine moved to this city from a war zone, where she worked as a waitress and occasionally engaged in sex work. In her new residence, she faced more difficult conditions, which forced her to delve into sex work to provide for her basic needs, such as paying rent.

One day, after vaginal sex, a client insisted on oral sex, offering an additional fee. Lusine refused, leading to a conflict that later escalated into physical violence. The client beat the girl, and at the end inserted a used condom into her mouth before leaving the apartment.

Although Lusine is embarrassed to seek help, she has told close friends about the incident and is determined to seek support and justice. In her quest for legal protection, she has turned to the New Generation organization, where lawyers are working hard to provide her with the help and support she needs.

A New Generation lawyer is actively working on this case, trying to help the girl file a police report anonymously, given her desire for confidentiality.

Alarming trends against the background of domestic violence: the story of Lana from Georgia

Post author By velyunsky
Post date December 4, 2023

During 2023, national REActors in Georgia documented 13 cases of violence in which individuals were punished through courts or law enforcement agencies. One such story was the fate of 30-year-old Lana (name changed), a pregnant woman engaged in sex work.

Lana, living with her husband and mother-in-law, faced an unpleasant situation that dramatically changed her life. Four months pregnant, she was assaulted by her husband, who, blinded by jealousy and mistakenly believing that the child was not his, inflicted severe bodily harm on her.

Lana sought help from the REActor. With Lana’s consent, he called the police, and the husband, the perpetrator of the assault, was arrested. The pregnant woman herself, alas, required transfer to a clinic for medical care.

This case is just one of many that emphasize the urgency of the problem of domestic violence and the importance of community solidarity in the fight against this phenomenon.

Also read:

Protecting the rights of transgender women in Tajikistan

Incident in Moldova with disclosure of medical information

Tags Georgia, Human Rights

Response stories

Protecting the rights of a person living with HIV+ in Kazakhstan: A case of dismissal and a victory for justice

Post author By velyunsky
Post date December 3, 2023

In Kazakhstan, the dismissal of Alan (name changed), a man living with HIV+, prompted the intervention of REActors. Paralegals came to the aid of a man who faced discrimination at his workplace in a private packaging firm.

Alan was fired from his job on the shop floor of a private firm after a colleague learned of his HIV-positive status. A senior manager at the firm invited Alan to speak to him and, citing negative attitudes from coworkers, asked him to quit. The manager was dismissive of Alan, ignoring his rights and refusing to listen to his side of the situation.

The REActor took it upon himself to protect Alan’s rights by taking the following steps – he went to the private firm to meet with the senior manager. During the conversation, issues of discrimination and violations of Alan’s employment rights were raised. The REActor drew the manager’s attention to the fact that the dismissal was based solely on Alan’s HIV status, which was a breach of the law.

It was emphasized that the Labor Law prohibits dismissal for reasons unrelated to professional duties or health conditions if it does not affect the performance of employment duties.

The manager, representing the firm, apologized for the unfortunate termination and expressed his willingness to hire Alan back, acknowledging his incompetence in the matter.

Alan eventually received not only an apology but also an offer to return to work. However, perhaps because of the negative experience, Alan declined the offer.

This case became a shining example of successful advocacy for the rights of a person with HIV+ in Kazakhstan. REActors continue its work to combat discrimination and violations of rights in employment, ensuring fairness and equal opportunities for all citizens.

Also read:

Combating Discrimination Against Children with HIV in Kazakhstan Educational Institutions

Problems of HIV-positive prisoners in Azerbaijan

Tags HIV, Kazakhstan