Tag: HIV

“I have my right to work”: the resilience of a person living with HIV working in a hospital in North Macedonia

Post author By velyunsky
Post date April 18, 2024

A person living with HIV who takes antiretroviral medications can work. In North Macedonia the Law on Labor Relations and the Law on the Prevention and Protection from Discrimination both prohibit discrimination based on health status, which includes HIV. However, in this case, an attempt was made to prohibit a person living with HIV from continuing to work at his place of employment, a city hospital in one Macedonian town.

“Don’t come to work.”

In August 2023, the person underwent an HIV test at the hospital where he works as auxiliary medical staff. When the test came back positive, the information was shared with all of his colleagues. That same day, he received a call from a doctor informing him that he should not report to work the following day. At the same time, the individual had other health issues, so he sought medical assistance at the same hospital where he had worked for almost 35 years. The same doctor who informed the individual that he should not report to work declined to examine him. The individual left to seek medical assistance in another place. In the meantime, the person started taking antiretroviral medicines.

After the visit to the hospital, the person took medical leave due to additional health conditions that necessitated bed rest. After his health issues were resolved, he wanted to return to work. However, his family doctor and the medical commission, which is in charge of awarding medical leave, continued to extend his medical leave without his consent and any specific reason, citing the fact that he is a person living with HIV. Soon after, he was directed to a doctor, who specialized in labor medicine, to evaluate his ability to work. According to the relevant legislation, if a person living with HIV is on medical leave for 10 months or less, he or she must have an assessment to determine his or her ability to work.

REAction and outcome

A REActor met with the individual and suggested he obtain a report from his doctor at the Clinic for Infectious Diseases and Febrile Conditions, stating that he is well and has no reason not to work. After receiving the report, the Association Stronger Together from Skopje filed two complaints: one with the director of the hospital where the individual works and one with the state Health Insurance Fund. The letter to the director described the violations committed by the staff, such as the denial of healthcare, the disclosure of medical data, and insults directed at the employee, and demanded that the hospital should initiate an investigation and punish the perpetrators, while also undertaking measures to stop the harassment of the employee. The Hospital was also notified that Stronger Together and other civil society organizations would be ready to provide legal support to the person with HIV should he decide to take the matter to court. The letter to the Health Insurance Fund indicated that the family doctor and the medical commission are providing medical leave to those who don’t need it and by default, spending the Fund’s money without justification; additionally, the letter enunciated that the extension of the medical leave was without the patient’s consent. Following the complaints, there was a reaction by the Hospital, which allowed the person to return to work and he has not reported any other breaches of his rights afterward.

The fight for patients’ rights has led to changes in a hospital in Kazakhstan

Post author By velyunsky
Post date March 20, 2024

In the city of N, in the complicated trauma department of the city clinical hospital, an event that shook one woman’s life and led to major changes in the institution’s policies took place.

As part of his outreach work, the REActor visited a client who had been hospitalized the previous day in the department. During the encounter, he noticed a blue plastic bracelet worn on the client’s arm containing her personal information, ward abbreviation, room number, and information about her HIV-positive status. When asked by the REActor about the significance of this information, the client explained that bracelets with similar data were common among patients and that the information about her HIV status had been added after the ward manager made rounds.

The REActor attempts to have the confidential information removed from the bracelet was resisted by the ward manager, who asserted that he was well versed in clinical protocol and did not consider it necessary to take into account the comments of “amateurs”.

Having understood the situation, the REactor sent a complaint to the chief physician of the hospital. Thanks to this complaint, an immediate order was given to remove confidential information from the patient’s bracelet. The department head was reprimanded and then fired due to multiple prior violations, including disregard for patient rights.

This story is an example of how determination and fighting for justice can lead to systemic change. It emphasizes the importance of respecting patients’ rights to privacy and protection from discrimination based on their health. The REActor was able to bring change to a previously unjust system, demonstrating that everyone has the right to have their interests respected and protected.

Discussions on strategies to combat HIV/AIDS and tuberculosis brought together key national experts in Georgia

Post author By velyunsky
Post date March 18, 2024

A civil society forum on HIV/AIDS and tuberculosis, organized by the United Coordinating Council of the Country for Actions Against HIV/AIDS, Tuberculosis and Malaria, was held on 26 February in Tbilisi, Georgia. The event brought together important participants and experts to discuss plans to strengthen the health system and ensure the sustainability of programs to combat these diseases.

Maka Gogia, Georgian Harm Reduction Network, and David Otiashvili, NGO Alternative Georgia facilitated the forum, which provided a platform for the exchange of views and experiences. The participants discussed current initiatives, the role of civil society in their implementation, and the directions of the updated strategic plans to fight HIV/AIDS and TB. Also, during the forum, the national REActor presented relevant information regarding the REAct annual report.

The forum touched upon various aspects of the problem, including financing of programs, new approaches to prevention, and issues of access to medicines. The event was attended by representatives of both governmental and non-governmental sectors, as well as international organizations, including the Global Fund. The prospects of work under the regional project #SoS_2.0 for 2024, the effectiveness of programs to prevent HIV transmission to men who have sex with men, and other important issues related to infectious disease control were also discussed.

At this meeting CSOs and drug user community talked about existing drug policy and new restrictions within OST program that significantly worsens the condition of disabled people and other patients with severe chronic diseases. With the changes, the standards of legal protection of the persons who are employed deteriorate, and it is possible that business trips are of decisive importance for the performance of their professional activities, overall, it reduces the degree of integration of program patients into society and worsens their situation. Participants agreed to join their efforts to continue advocate activities to remove restrictive regulation in the program.

According to the participants, the forum was a significant step towards a more effective fight against HIV/AIDS and tuberculosis, providing a fruitful dialog and exchange of experience among various stakeholders.

Protecting the rights of HIV-positive couple in Uzbekistan: comprehensive assistance and solutions

Post author By velyunsky
Post date March 10, 2024

The AIDS Center approached ISHONCH VA HAYOT with an unusual case that became a challenge for a young couple about to get married. In the process of preparing documents for the civil registry office, the two of them were found to be HIV positive. This fact, which was previously unreported, was unauthorized disclosed by medical professionals, causing rumors and condemnation in the surrounding community.

The couple approached the NGO ISHONCH VA HAYOT to ask for help. National REActors provided them with comprehensive support:

– Counseling and information: the young couple received detailed counseling about HIV infection, treatment options, and available support resources. This helped them realize that they were not alone in their situation and that there are many resources for people living with HIV.

– Psychological support: the NGO provided the young couple with psychological support to help them cope with emotional stress and fear of public opinion. This was an important step towards restoring their self-esteem and confidence.

– Peer support group: REActors referred them to a peer support group for people living with HIV where they could socialize and share experiences with others facing similar challenges. This created a strong supportive environment for the couple.

– Legal assistance: the young couple received legal assistance from NGO specialists who helped them protect their rights and deal with the liability of medical professionals for improper disclosure of confidential information.

This story demonstrates the importance of supporting and protecting the rights of young people facing HIV, as well as the role of NGOs in providing comprehensive assistance and addressing such situations.

Original Source (in Russian)

Also read:

Georgia’s new legislation on substitution therapy program raises public concerns

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

Tags HIV, Human Rights, Uzbekistan

News

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.

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.

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

Response stories

Serbia: cooperation between the Center for Social Work and TOC as an example of good practice for providing ART

Post author By velyunsky
Post date November 28, 2023

TOC (Association for sustainable communities development) in cooperation with the Center for Social Work from Zaječar in the previous period worked on solving the problem of treating an HIV positive patient, a beneficiary of this Center.

At the invitation of the Center for Social Work, a meeting of this institution and the TOC team was held on the topic of solving the problems of their beneficiary. On that occasion, it was explained by the representative of the Center for Social Work that they had a beneficiary who had attempted suicide and that during treatment and rehabilitation of injuries in the hospital, this beneficiary found out his HIV status. Given that the health institutions tried to provide only basic help to the patient and then let him go to home treatment, the Center for Social Work contacted the TOC team with the idea that this user should first receive adequate HIV therapy and then appropriate housing. In cooperation with the Infectious Disease Clinic of the Clinical Center Kragujevac and the Health Center Zaječar, this person was prescribed adequate therapy and the treatment process began. Before the therapy itself, in cooperation with the Center for Social Work and the doctors of the infectious department of the Health Center Zaječar, the TOC team conducted a voluntary confidential counseling service, during which a conversation was held with the clientabout the importance of applying antiretroviral therapy for HIV.

After medical care, the Center for Social Work worked to provide adequate accommodation for this beneficiary, given that he has no family and would remain on the streets after recovering in the hospital. He is currently in the gerontological center in Niš, where he will be provided with all necessary care. The TOC team worked to provide adequate and necessary HIV therapy, which the beneficiary regularly receives under medical supervision. Through regular communication with the Infectious Diseases Clinic of the University Clinical Center Niš, on whose territory the beneficiary is currently located, TOC works on the continuous procurement of antiretroviral drugs for HIV necessary for the beneficiary’s further treatment. The Center for Social Work has recognized TOC as a safe partner that can be turned to to adequately help its beneficiary, and in connection with the treatment of HIV infection.

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Overcoming stigma and discrimination in maternity hospitals in Kazakhstan

Fighting stereotypes and fears: the story of Sylvia from Moldova

Tags HIV, Serbia

Response stories

Overcoming stigma and discrimination in maternity hospitals in Kazakhstan

Post author By velyunsky
Post date November 27, 2023

In the world of medicine, despite the high standards of professionalism imposed, there is

sometimes a problem of stigmatization by healthcare providers towards their patients, especially those from key populations. This internal stigma can manifest itself in the form of biased opinions, lack of empathy, avoidance, and even disclosure of confidential information. Such behavior constitutes moral violence against the person seeking help and should not go unnoticed or unpunished. Before International AIDS Day on December 1, it is particularly important to remember that stigma creates barriers to effective prevention and treatment, and prioritizing efforts to overcome it (including within the medical community) and create a more supportive environment for all is a key factor in achieving the 95-95-95 goals.

Gulmira (name changed), a client living with HIV, went to give birth in a maternity hospital. However, from the very beginning, she encountered an unpleasant attitude on the part of medical staff.

Upon arrival at the facility, she had to repeatedly explain that she was not from a community of people who use drugs and was not a sex worker and that she did not have such friends. But this did not change the situation. During labor, the midwife said that people like Gulmira, «…get sick and give birth to disabled people». And when the process of stitching up after a cesarean section was underway, she told Gulmira: “God forbid you to twitch and I’ll inject you, you’re gonna be in a lot of trouble! I’m tired of running to take tests after people like you”. It was insulting and humiliating. While being transferred to the ward, Gulmira noticed the unkind and curious looks of the nurses. These four days in the maternity ward seemed to her as if she was in some kind of Kunstkammer.

Together with a doctor from the AIDS Center, the REActor decided to intervene. They went to the maternity center and educated the head of the ward, recalling Article 76 of the Code of the Republic of Kazakhstan “On the Health of the People and the Health Care System”, which guarantees the protection of citizens from any form of discrimination and stigmatization due to the presence of any disease.

The REActor also conducted a preventive talk with the medical staff on the topic of stigma and discrimination against people living with HIV. She emphasized the importance of understanding, supporting, and treating every patient impartially, regardless of their HIV status.

This story emphasizes that stigma and discrimination in healthcare settings can seriously affect a patient’s physical and emotional well-being. The intervention of the REActor and the AIDS Center doctor helped to change attitudes and create a more supportive environment for Gulmira and other people living with HIV.

Also read:

The case of a doctor in Moldova: the struggle for tolerance and professional ethics

Incident in Moldova with disclosure of medical information

Tags Discrimination, HIV, Human Rights, Kazakhstan

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Addressing legal barriers and advocating for HIV decriminalization: insights from REAct’s data

Post author By velyunsky
Post date November 27, 2023

The role of judges in addressing critical health and social issues is pivotal. The justice system can either hinder or facilitate social and public health efforts to ensure equitable healthcare, ultimately contributing to the achievement of universal health coverage with inclusivity. The establishment of an independent, impartial, accountable, and professional judicial system, coupled with the protection of fundamental rights, is increasingly becoming a focal point of discussion in regions where certain countries are aspiring to join the European Union.

The EECA Judges’ Forum on HIV, Human Rights, and the Law, scheduled for November 27-28, 2023, in Chisinau, Moldova, presents a significant platform for discussing crucial issues backed by the United Nations Development Programme (UNDP). REAct, as an instrument dedicated to human rights, has compiled data shedding light on the judicial system’s role in addressing key challenges.

Legal hurdles:

Between 2019 and 2023, over 20,000 appeals related to human rights violations among key populations were documented in 14 countries of the region. However, only 0.5% of these appeals found resolution through legal proceedings, emphasizing the challenges in accessing justice. Bureaucratic complexities, financial difficulties, and a lack of trust in the justice system contribute to victims refraining from defending their rights.

Barriers to accessing justice:

Victims face obstacles due to complexities in the state-guaranteed free legal assistance system, with issues such as lack of interest, bribery, and the absence of state-appointed lawyers during investigative actions. Courts’ tendencies to side with the prosecution in cases involving vulnerable populations deter victims from pursuing justice. Moreover, court bailiffs, particularly in Kyrgyzstan, are ineffective in collecting alimony, impacting women, who constitute 95% of victims in such cases.

HIV criminalization: situation analysis:

The disclosure of HIV status, and in Uzbekistan, sexual orientation, can trigger criminal cases, irrespective of intent or adherence to antiretroviral therapy (ART). Investigations often violate privacy rights, with statements coerced under pressure from law enforcement. In Tajikistan, 40 appeals under Article 125 were received, resulting in limited positive outcomes, and Uzbekistan, one trial led to a two-year imprisonment despite legal support.

Advocacy for HIV decriminalization:

Efforts toward HIV decriminalization have gained momentum. In 2022, an alternative report to CEDAW on Uzbekistan recommended repealing laws criminalizing HIV. In 2023, draft laws proposing legal changes to reduce criminalization are being developed in Kazakhstan, Georgia, Uzbekistan, and Kyrgyzstan. These include repealing specific articles and transferring offenses to the framework of general crimes, reflecting a strategic shift.

Future actions:

Looking ahead to 2024, these proposed legal changes will be submitted for public consultation, involving high-level discussions and negotiations with parliamentary members, ministries, and ombudsmen. The aim is to progressively reduce the criminalization of people living with HIV and key populations, fostering a legal environment that aligns with human rights principles.

Drug use criminalization: situation analysis

Law enforcement often uses unrelated articles like “breach of public order” to pursue people, who use drugs, leading to unjustified criminalization. Russia’s repressive drug policy extends its influence to regions like Transnistria, where cases of criminalization without intent to sell have been recorded.

Drug use decriminalization: advocacy and progress

Efforts toward drug use decriminalization have gained momentum. In 2022, the EECA Commission on Drug Policy (ECECACD) initiated its work, outlining guiding principles for effective and humane drug policies. In 2023, Kyrgyzstan, Georgia, and Moldova developed drug policy road-maps, focusing on repealing specific articles and introducing alternatives to punishment. High-level country visits facilitated progress in Lithuania, Kyrgyzstan, and Moldova, while an OHCHR report in 2023 highlighted drug use challenges in the region.

Same-sex criminalization and discrimination

Instances of discrimination persist, such as classifying a same-sex kiss as disorderly conduct in Uzbekistan and persecuting gay men in Tajikistan. A violent attack on a trans* woman faced judicial denial in Kazakhstan. Responses include case submissions to OSCE, alternative reports, and statements on LGBT discrimination in Central Asia during the High-Level Political Forum on Sustainable Development.

Sex work criminalization: uncovering injustices

In Kyrgyzstan, despite sex work not being criminalized, sex workers face pursuit, fines, and detainment for non-compliance or disorderly conduct. Extortion is prevalent, with 314 appeals reporting bribes by local police officers. In Uzbekistan, sex work is considered an aggravating circumstance, leading to severe sentences. Detentions involve compulsory HIV and STI testing, often with the purpose of extortion. Crimes involving sexual assault against sex workers, especially by police officers, are challenging to bring to court due to the lack of necessary infrastructure and the difficulty of proving allegations.

Women in focus: addressing sexual assault challenges

Crimes involving sexual assault, particularly when the victim is a sex worker and the perpetrator is a police officer, pose significant challenges in Central Asian countries. The absence of ratification of the Istanbul Convention further compounds these challenges.

Conclusion and next steps:

The data presented by REAct at the EECA Judges’ Forum highlights the pressing need to confront legal obstacles, champion HIV decriminalization, and foster a justice system that protects the rights of individuals and key populations grappling with HIV.

Examining the intricate legal challenges across the EECA region underscores the necessity for a holistic strategy. Advocacy initiatives for drug use decriminalization, combatting discrimination, and ensuring justice for vulnerable groups must persist as overarching priorities. Looking ahead to 2024, the emphasis should shift toward enacting legislative changes aimed at diminishing criminalization across diverse spheres. This approach aims to cultivate a legal landscape that not only adheres to human rights principles but also champions inclusivity.

The Role Of The Judiciary In Promoting Change In The Context Of HIV And Human Rights Decriminalization Of HIV And Drug Policy

Unfair accusation of HIV infection in Uzbekistan

Post author By velyunsky
Post date November 9, 2023

In 2023, 20 cases were reported in Uzbekistan of people living with HIV being suspected, questioned, and prosecuted under Article 113 of the Criminal Code. Most of these cases are successfully resolved due to the active participation of stakeholders in the pre-trial investigation. However, one particular case stands out as a court decision that raises serious questions about fairness and respect for human rights.

This controversial case involves the prosecution of Lola (name changed) under Article 113 of the Criminal Code of the Republic of Uzbekistan, which involves willful HIV infection. The client insists on her innocence, denying the existence of sexual contacts that, according to the prosecution, could have led to the infection.

Pressured by the district police officer, Lola claims that he forced her acquaintance to sign a statement about a sexual encounter. The friends were physically assaulted, which was a factor in the conviction. The client exercised her right to counsel and was provided with friendly counsel for her defense.

The negligent investigation and trial resulted in the court failing to consider all of the evidence of innocence presented by Lola and sentencing Lola to two years in a general population facility.

REActors took Lola’s case, providing her with professional legal assistance. After the appeal, the client was referred to an experienced lawyer who carried out the necessary investigative measures. Nevertheless, the court did not take into account the evidence collected, which creates grounds for reconsideration of this decision.

Lola continues to fight for her innocence, seeking legal defense and hoping for a review of the court decision. This case raises important questions about justice, respect for human rights, and the need for careful consideration of each case, especially in the context of infectious diseases, where allegations can have serious consequences for the lives and freedom of people living with HIV.

Also read:

Breaking down walls of silence: the struggle for sex workers’ rights in Azerbaijan

Overcoming stigma and discrimination in maternity hospitals in Kazakhstan

Tags HIV, Uzbekistan

Response stories

Discrimination based on HIV status in a dental clinic in Armenia

Post author By velyunsky
Post date November 6, 2023

Ashot (name changed), who had been living with HIV for four years and was on antiretroviral therapy (ARV), went to a dental clinic to get implants. He chose this medical facility because it was considered one of the best in the city.

At the consultation with the doctor, Ashot discussed his plans and they agreed on subsequent visits to the clinic. After the consultation, the client was promised a questionnaire. In the process of filling out the questionnaire, Ashot indicated “YES” to the question about HIV infection.

However, the next day, Ashot was refused treatment, namely implantation. An employee of the clinic informed him over the phone that implants are not performed for “patients with AIDS”. This statement became the basis for Ashot’s appeal to the NGO New Generation.

REActors from the NGO New Generation accepted Ashot’s case. A paralegal representing the organization contacted the clinic, introducing himself as a client who wanted to have a tooth extracted. During the conversation, he specified that he was a member of the community of people living with HIV. In response, he was told to report in person to the medical center.

The REActor then forwarded the case to the organization’s lawyer, who is currently investigating the case. New Generation is committed to addressing this discriminatory situation and supporting the rights of people living with HIV.

The case is currently under investigation and the organization’s lawyer is actively working to resolve the case. REActors are also providing support to Ashot in the process of litigation and protection of his rights.

New Generation emphasizes that discrimination based on HIV status is unacceptable and contrary to the principles of equality and human rights. The organization will continue its work to protect the rights and interests of people facing discrimination in the medical field.

Also read:

The case of a doctor in Moldova: the struggle for tolerance and professional ethics

Incident in Moldova with disclosure of medical information

Tags Armenia, Discrimination, HIV

Response stories

Fighting stereotypes and fears: the story of Sylvia from Moldova

Post author By velyunsky
Post date November 4, 2023

Sylvia (name changed) discovered her HIV-positive status during pregnancy. A visit to her family doctor turned into an unpleasant experience for her, with medical staff discriminating and stigmatizing her. Instead of support and professional help, she was given incorrect information about HIV infection, which only increased her fear and anxiety.

In addition, she was forcibly sent for an abortion, which was a difficult experience for her. Following this event, the woman was referred to a specialized medical facility for hospitalization and to receive antiretroviral therapy (ART), which is necessary to maintain her health and prevent HIV transmission.

The response to the incident was swift and decisive. The case was referred to a legal expert and an application to the Equality Council was being prepared to punish those responsible and prevent similar situations in the future. However, Sylvia encountered resistance from her spouse and they decided not to pursue the case to a conclusion.

At the moment, the client continues to struggle not only with HIV, but also with the self-stigma caused by the events. She finds support in specialized organizations and works with the help of professionals to overcome her fears and doubts. Her story is a reminder of the importance of tolerance, professionalism and solidarity in the medical field.

Also read:

The case of a doctor in Moldova: the struggle for tolerance and professional ethics

Incident in Moldova with disclosure of medical information

Tags HIV, Human Rights, Moldova

News

Improving the Effectiveness of HIV/AIDS and Tuberculosis Control Measures in Tajikistan: Event Report

Post author By velyunsky
Post date October 26, 2023

On October 23, 2023, an important event was held in the Republic of Tajikistan – a meeting of the technical working group on monitoring and evaluation in the field of HIV/AIDS, tuberculosis, and malaria prevention. The main objective of the event was to review in detail the implementation and scale-up of the Community-Led Monitoring (CLM) method in the country with the participation of community-based organizations.

This important meeting was attended by key representatives and decision-makers working to improve the quality and accountability of programs aimed at combating HIV/AIDS and TB in the Republic of Tajikistan. Mr. Avgonov, Executive Secretary of the National Coordination Committee for AIDS, Tuberculosis, and Malaria, shared important reports and initiatives.

In addition, presentations were given at the meeting, including “Overview of community monitoring and current status of CLM implementation in Tajikistan” by Ms. Boltaeva, Consultant. The results of the Tajik Network of Women Living with HIV regarding CLM implementation were also presented by Ms. Khaidarova.

It should be noted that this meeting focused on the introduction and expansion of the CLM method in the Republic of Tajikistan. This method, based on the active participation of community organizations, plays an important role in monitoring and evaluation of HIV/AIDS, tuberculosis, and malaria prevention programs and is a priority for the development of the strategy to combat these diseases.

This technical working group meeting provided a unique opportunity for participants to discuss topical issues and share experiences in the fight against HIV/AIDS, tuberculosis, and malaria in Tajikistan. The focus on the introduction and expansion of the CLM method emphasized the importance of the involvement of community organizations in this process and the development of strategies for future actions in this area. These efforts are expected to contribute to improved results and increased effectiveness in the fight against HIV/AIDS, tuberculosis, and malaria in the Republic of Tajikistan.

Protecting medical confidentiality in Uzbekistan

Post author By velyunsky
Post date October 23, 2023

The story of a client who faced illegal disclosure of his HIV status by his wife and mother-in-law during divorce proceedings. REActors assisted in restoring his reputation and preventing a breach of medical confidentiality.

There are situations in the world where privacy and health are subjected to illegal actions and unkind acts by loved ones. Oydin’s (name changed) story is one of fighting for his rights and defending his honor when his HIV status becomes the subject of discussion and disclosure during a divorce.

When the client contacted REActors, he found himself in a terrible situation. His wife and mother-in-law were actively spreading false information about him, including information about his HIV status. This was not only damaging to his honor but also represented a serious breach of medical confidentiality. It was important to urgently intervene and help the client restore his reputation and protect his rights.

The first step was to provide the client with psychological support as he needed help and understanding to cope with this difficult situation. The client was then counseled on the rights and responsibilities of people living with HIV and what laws and regulations govern their rights and confidentiality.

The client was then referred to a legal specialist specializing in such cases. Together with the lawyer, a plan of action was developed. An explanatory conversation was held with the relatives who spread false information and told about his HIV status about possible administrative responsibility for disclosure of medical confidentiality. After that, their attacks with slander and dissemination of his HIV status stopped.

Oydin’s story is an example of how REActors help people fight for their rights and protect their honor, especially when faced with violations of medical confidentiality. The combined efforts of the client, psychologist, and lawyer enabled him to restore his reputation and prevent long-term damage to his life. This story is a reminder of the importance of protecting privacy and a person’s right to medical confidentiality.

Original Source (in Russian)

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Response stories

Incident in Moldova with disclosure of medical information

Post author By velyunsky
Post date October 4, 2023

A pregnant patient of 18 years of age, 33 weeks pregnant, was registered at the Medical Center of the XX district of the XX village. Roxana (name changed) has been registered with a psychiatrist since childhood, and there is a document confirming her incapacity. The medical staff of the district where the girl is registered conducted examinations, including markers for HIV infection. However, after receiving information about the positive result, the personnel who were involved in the diagnosis of the first HIV test could not keep the confidentiality of the patient’s result, and the information spread among the villagers.

A social worker from the Positive Initiative NGO traveled to the village to accompany the patient to the city to give and receive the final result. The health center requested assistance in accompanying Roxana from the organization, as the NGO is engaged in psychosocial support of people with increased risk of infection, as well as people living with HIV.

Upon arrival, the social worker of Positive Initiative received information from the nurse of XX village that the pregnant woman was not currently present at her place of residence. The nurse took a social assistant from the village administration with her and started searching for her. They later found her in an abandoned house at the edge of the village. The social assistant questioned the girl about what had happened. The pregnant woman said that the day before she had met a relative in the village, who told her that she had HIV infection and her baby would be taken away from her. The girl was frightened and hid, which is natural for her mental state. Also, the owner of the house where the pregnant woman was living at the time told the Positive Initiative staff member that if the girl had AIDS, she was against her living in the house. That same day, a relative of the pregnant woman told paralegal that the previous evening, residents had discussed that the girl had AIDS at the village store. The final diagnosis had not yet been confirmed at that time.

At this point, the girl gave birth and was found temporary accommodation at Misiunea Socială Diaconia a Mitropoliei Basarabiei, where she will be fully cared for for a year and made sure that she takes ART and gives the baby everything it needs.

As a result, a complaint was sent to the Equality Council of the Republic of Moldova about the disclosure of confidential data related to the person’s health condition. A meeting was organized with the head of the village, social assistant and family doctor, where the beneficiary is registered. At the meeting, the issue of violation of her rights was raised and the consequences of such actions were communicated to civil servants. A response to the request submitted to the Equality Council remains pending.

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Tags HIV, Human Rights, Moldova

Response stories

Tajikistan: Overcoming stigma and restoring family relationships

Post author By velyunsky
Post date October 2, 2023

Vasfiya (name changed) came to REActor for help. She was 38 years old and living with her husband, both of whom are PLHIV. She found out about the paralegal through an infectious disease doctor who provided contact information. The woman told her story: she had been living with her husband for only 6 months and this was her second marriage. It turned out that her husband, too, had known about his status since 2011, but had not started taking antiviral medication for fear of being judged.

The couple’s lives changed when the husband was sent to prison in 2012, and it wasn’t until 2018, after his condition worsened, that he began treatment. In 2022, he was released and met his wife at the AIDS Center. Since then they got married and for six months they have been living in his parents’ house, where unfortunately there are constant scandals, humiliation and insults.

Vasfiya said that during her husband’s absence, his parents died and his sister registered the house in her name. However, the husband is still registered there and has the right to inherit. His sister lives in the house and constantly stigmatizes, insults and humiliates them. She tells them that they are both drug addicts and PLHIV, that he brought home an equally “wife with AIDS”. The woman does this on purpose, saying her insults loudly in the yard for all the neighbors to hear.

Vasfiya suggested that her husband contact the district police officer, but he was unwilling to pursue this option. They turned to a REActor in the hope of finding a peaceful solution to the problem.

The paralegal took up the cause and began to take action. First, she invited the woman and her husband to a counseling session to discuss all possible solutions. A series of meetings were held, during which they were given a plan of action.

The first step was to make a written statement in which they described all the insults and humiliations committed by their relative. The REActor helped them to formulate the statement correctly so that it would be as informative and effective as possible. It was then submitted to the local police department.

At the same time, the REActor recommended that they contact the AIDS Center, which had psychological support and counseling specialists. They could provide assistance with stress management and advice on how to resolve the conflict peacefully.

The next step was to engage with the husband’s sister. The paralegal decided to hold a mediation meeting to try to resolve the conflict peacefully. In this meeting, she acted as a mediator between the couple and the relative to establish a dialog and help them find a compromise solution.

During the mediation meeting, discussed all the grievances, concerns and frustrations of each party. The facilitator helped them to express their emotions and empathize with each other. Through this meeting, it became clear that the root cause of the conflict was stigmatization and misunderstanding. The husband’s sister was not sufficiently informed about HIV/AIDS and her fear and aggression were based on lack of awareness.

The paralegal provided them with educational materials about HIV/AIDS and shared success stories and examples of overcoming stigma. As a result of this meeting, all parties expressed their willingness to change their attitudes and start cooperating.

Gradually, the husband’s sister became more tolerant and understanding. She stopped stigmatizing and humiliating the client and her husband. Together they worked on realizing and overcoming stereotypes related to HIV/AIDS.

After a while, family relations began to improve. Vasfiya said that her relative began to show more sympathy and even helped them in domestic issues. She stopped talking about insults and began to interact with them in a more friendly and respectful manner.

This success story emphasizes the importance of seeking support and not saying no during difficult times. By working with professionals, it was possible to overcome stigma and make a positive difference in the lives of clients.

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Tags HIV, Human Rights, Tajikistan

Response stories

Progress in Addressing Discrimination and Promoting HIV Awareness in North Macedonia

Post author By velyunsky
Post date September 17, 2023

In North Macedonia, significant strides have been made in addressing cases of discrimination and promoting HIV awareness. This update highlights some noteworthy developments in this regard.

Resolution of Discriminatory Practices

One notable case from the previous year involved the mandatory HIV testing of foreign students by a public university in the Republic of North Macedonia. The Association «Stronger Together» took proactive steps by submitting a petition to the Commission for Prevention of and Protection against Discrimination, citing violations of the Anti-Discrimination Law. This case has been successfully resolved in a positive manner: the university responded by revising its discriminatory requirements for foreign students, ensuring fair and equal treatment.

Collaboration with the Clinic for Plastic and Reconstructive Surgery

Further progress was achieved through collaboration. On June 6th, the Association «Stronger Together» conducted its inaugural workshop in partnership with the Clinic for Plastic and Reconstructive Surgery. The workshop aimed to educate medical professionals about HIV prevention and patients’ rights. This initiative was made possible due to the positive resolution of a previous case and the signing of a Memorandum of Understanding between «Stronger Together» and the Clinic.

These developments signify North Macedonia’s commitment to combating discrimination and enhancing awareness about HIV within the country. Such collaborative efforts and the resolution of discriminatory cases serve as important steps towards a more inclusive and informed society.

As North Macedonia continues its journey towards promoting equality and public health, it is evident that positive changes are taking place, thanks to the collective efforts of organizations like the Association «Stronger Together» and their partners.

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