Tag: Human Rights

“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.

Entitlement or preference? The world celebrates Health Day

Post author By velyunsky
Post date April 7, 2024

April 7 marks World Health Day, founded by the World Health Organization (WHO) in 1950. This day recalls the importance of health for all people in the world and emphasizes the need for access to skilled health care as a fundamental human right. In this context, providing life-saving services such as opioid substitution therapy (OST) to people from key populations is critical. This approach enables patients to manage physical dependence, reduce the risk of transmission of infectious diseases (e.g. HIV or hepatitis), and improve quality of life.

However, despite the proven effectiveness of OST, many people around the world (including in the Eastern Europe and Central Asia region) face barriers to accessing this treatment due to stigmatization, lack of access to health services, or legal restrictions. This creates serious obstacles for those in need of assistance.

For example, recent changes to the Ministry of Health’s January 24 Order to the opioid substitution therapy program in Georgia have made significant adjustments. Under the previous rules, patients participating in the program had the opportunity to receive a two-day dose of medication if they were unable to visit a healthcare facility, and this dose could be picked up for them by a family member or other authorized person. However, under the changes made, this right has been limited and patients or their authorized representatives must now visit the service center daily.

The changes also affected the ability to provide patients with pharmaceuticals in special cases. Previously, there was an option to receive a five-day supply of medication when long-term home treatment exceeding two months was required, or a seven-day supply for those with a pronounced disability or active tuberculosis. However, the amendments have completely abolished this exceptional regulation. Under the previous regulation, patients could also be given a dose if they had to move around the country (the principle of business travel). The innovations have abolished this regulation and now, even in cases of exceptional need such as business travel or ill health, patients can only be given a one-day dose.

Kazakhstan also has a serious problem with violations of the rights to health care and health maintenance for people who use psychoactive substances. These problems have been identified, including through the REAct, on appeals related to obstacles in accessing medical services for clients. This situation covers several aspects:

– Lack of access to free medical care, including tests and abortions, for persons without compulsory social health insurance.

– Limited access to a guaranteed amount of free medical care for people who use psychoactive substances.

– Insufficient drug supply and diagnosis of diseases among persons in detention centers.

According to the Order of the Minister of Health of the Republic of Kazakhstan from September 23, 2020, № KR DSM-108/2020, treatment of people who use psychoactive substances is carried out within the guaranteed volume of free medical care in regional Mental Health Centers (MHC). Anonymous treatment is available only on a paid basis. However free medical care does not provide the necessary range of services for social, psychological, pedagogical, labor, cultural, economic, and legal support for people from the community.

The theme of this year’s World Health Day is “My Health, My Right” and aims to support and recognize the right of everyone, wherever they are, to access high-quality health care, education and health information, and freedom from discrimination. This means that it is worth taking another opportunity to draw public attention to such violations of people’s rights to quality and timely health care and the need to develop a model that complies with human rights principles and international standards while taking into account the needs of patients, their families and the interests of organizations providing addiction treatment services. And legislate to guarantee the provision of a full range of assistance for the treatment and rehabilitation of everyone who needs it.

Health is everyone’s right, as is equal access for all people to qualified care.

Showing strength: International Transgender Day of Visibility

Post author By velyunsky
Post date March 31, 2024

March 31 is International Transgender Day of Visibility, which is dedicated to supporting, recognizing, and raising awareness of the rights of transgender people around the world. It is a time to raise important issues related to the transgender community and stimulate public dialog about the importance of respect and equality.

In the Eastern Europe and Central Asia (EECA) region, the visibility and rights situation for transgender people remains complex and multifaceted. Laws and policies in individual countries restrict community rights, including access to health care, gender reassignment, and protection from discrimination. In 2023 alone, national REActors documented 1,109 complaints from members of the LGBTIQ community in the region. The most common violations of the rights of transgender people are discrimination, insults, harassment, threats, and, alas, often it even comes to attacks. An example happened in Armenia with a transgender girl, an activist, and an employee of a local NGO. While testing and counseling a client for HIV, she was attacked by a stranger. With the participation of REActors, it was possible to record the facts of the crime and ensure the initiation of a criminal case. Another egregious case occurred in Tajikistan – a transgender woman was detained without reason by law enforcement officials and her personal belongings were confiscated. Interrogations began. This put the victim in an extremely difficult situation. REActors were able to provide legal defense by finding a lawyer willing to take on the case and defend her rights. They were also able to raise the necessary funds for the client to leave the country safely. Thanks to their support, after two months, the case was closed and the belongings were returned.

The fight to protect the rights of transgender people in the EECA region remains relevant and important. A lot of work is still needed, but the situation is gradually changing for the better, mainly due to the active role of transgender people themselves in this process. They invest a great deal of interest in creating changes that directly affect their lives and well-being (because for the majority of authorities, who are usually people who are not uncomfortable with gender conformity, alas, these issues may seem less important or irrelevant). Local non-governmental organizations and community groups are also actively working for the benefit of transgender people in the EECA region, providing them with support, information, and protection from discrimination and violence. These efforts play an important role in raising awareness and creating a safe and supportive environment for transgender people. It is important to continue to mobilize public opinion, give support to the transgender community, and work to create laws and policies that protect their rights and dignity.

On International Transgender Day of Visibility, each of us can do something important to show our support. Here are a few ways you can do that:

1. Education and awareness: learn more about transgender issues, history, and the fight for transgender people’s rights. The more we know, the better we can support their fight for equal rights and opportunities.

2. active listening and support: listen to the stories and experiences of transgender people without judgment. Support them by expressing your support and solidarity. Have an open dialog and be willing to listen to their needs and experiences.

3. Participate in events: take part in events to commemorate International Transgender Day of Visibility. These can be rallies, public lectures, marches, or other events to raise awareness and support for the transgender community.

4. Utilize social media: share transgender people’s stories, relevant articles, and resources to spread the word about March 31 and the importance of supporting this community.

5. Financial support: support organizations and charities working to benefit the transgender community. You can make donations or participate in fundraisers to help fund support and advocacy programs.

6. Fight for rights: engage in active resistance to discrimination and violence against transgender people. Support legislative initiatives and policies to protect their rights and ensure equality before the law.

7. Respect Identity: respect and recognize everyone’s gender identity. Use correct pronouns and respect their choice of name and expression of their gender.

Showing support and solidarity with transgender people is an important step towards creating a society where everyone can feel respected and protected, regardless of gender identity.

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

March 8 in Eastern Europe and Central Asia: the struggle for the rights of women from vulnerable groups continues

Post author By velyunsky
Post date March 8, 2024

March 8, International Women’s Day, a time not just for congratulations, but an opportunity to once again draw the attention of global society to key issues related to the protection of women’s rights. In the countries of Eastern Europe and Central Asia (EECA), women from vulnerable groups face daily (!) special problems specific to this region and challenges in fighting for their rights. These include access to health care, education, protection from discrimination and violence, and the ability to participate in public life. In the last year alone, REActors documented 1,109 referrals, the majority of which were from women from vulnerable groups.

Women facing HIV often face double discrimination – because of their gender and the stigma associated with the virus. A woman can be evicted without explanation, unfairly accused of HIV infection, and psychologically traumatized. In many countries in ЕЕCA, access to adequate medical care and social support for this group remains inadequate.

Female sex workers also face serious challenges, including violence, assault by partners or relatives, exploitation, and lack of protection from government authorities. Sexual violence crimes, particularly when the victim is a sex worker and the perpetrator is a government official, are exceptionally difficult due to the complexity of provable charges, which remain largely victim-dependent, and the lack of the necessary framework to reduce the risk of retraumatization of the victim. Laws about sex workers often discriminate against them and fail to provide the necessary rights and protections. To date, none of the Central Asian countries have ratified the Istanbul Convention.

In EECA countries, LGBTIQ women often find themselves in a particularly vulnerable situation due to double discrimination based on gender and sexuality. They may be intimidated, physically abused, threatened and harassed.

Women who use drugs also face the threat of violence, poverty, and lack of access to health and social services. In many countries in the EECA region, drug policies put additional pressure on women and their rights.

March 8 is not just a holiday, but also a day of struggle for rights. It should be noted that it is important not only to be aware of them but also not to be afraid to fight for them. Many women from vulnerable groups may feel isolated or helpless due to stigma and discrimination, but uniting and solidarity can make their voices stronger.

Reaching out to national REActors and non-governmental organizations (NGOs) specializing in women’s rights and the protection of vulnerable groups is also important. They are the ones who can provide counseling, legal, and psychological support, and other services to help protect women’s rights. Through prompt intervention, the woman is not left alone with the problem or her abusers. Her voice becomes stronger and the fear of fighting for herself recedes because she has much-needed, relevant support.

Also, in addition to individual action, organizing into collectives and social movements is important. Collective strength can be decisive in fighting for changes in laws, policies, and public opinion about women’s rights and interests.

It is important to remember that no one should be left alone in the fight for their rights. March 8 is not just a tradition from the Soviet past to give flowers. It is a real opportunity for women from vulnerable groups to find support, inspiration, and strength to continue their struggle. Together, we can make greater progress towards equal rights and opportunities for all women, regardless of their social status or identity.

Global challenges, local responses: how the Eastern Europe and Central Asia region fights discrimination

Post author By velyunsky
Post date March 1, 2024

On March 1, Zero Discrimination Day is celebrated around the world to draw attention to the problem of discrimination in all forms and manifestations and to take action to overcome it. It was initiated by UNAIDS, the Joint United Nations Program on HIV/AIDS, and was first observed in 2014. And 10 years later, this day again reminds us of the need for a more just and equitable society where everyone can feel protected and respected regardless of their characteristics and identity.

Zero Discrimination Day is important not only as a moment of awareness of discrimination but also as an opportunity to emphasize the importance of protecting human rights for all without exception. The key message is that everyone, regardless of race, sex, sexual orientation, gender identity, religion, or other characteristics, has inviolable rights that must be protected and respected. This day helps to mobilize public awareness and strengthen the efforts of citizens, human rights organizations, government agencies, and other stakeholders to combat discrimination and promote human rights. Today, in all regions of the world, various activities, including educational campaigns, seminars, conferences, forums, and rallies, are organized to raise awareness of the problem of discrimination and promote respect for differences. This includes the Eastern Europe and Central Asia (EECA) region.

According to the latest data presented in the REAct Regional Digest for 2023, the issue of discrimination remains one of the most pressing challenges for representatives of vulnerable groups to HIV/AIDS. Based on referrals in all 14 countries in the region where REActors work, the key trends and areas where this offense has been most acute over the past year include:

– Social exclusion and stigmatization: members of vulnerable groups face social exclusion and stigmatization by those around them. They may be rejected by their families, friends, and society at large due to misunderstanding, prejudice, and lack of provable information.

– Denial of health care: some health care facilities or medical personnel may refuse to provide services to people from the community because of fear of infection, bias, or lack of training on issues such as HIV or viral hepatitis.

– Problems at work: according to national REActors statistics, vulnerable people may also face discrimination in the workplace, including dismissal and denial of benefits or wages.

– Access to education: key populations are sometimes denied access to educational institutions because of their (or a close relative’s) HIV status, which can lead to restrictions on learning and career opportunities.

– Biased public opinion: communities may face biased opinions and myths, for example, about HIV status or the LGBTIQ movement in society, which leads to additional disadvantages and discrimination.

The fight against discrimination requires a comprehensive and systemic approach at different levels of society. According to REAct observations, in the EECA region the main focus should be on:

– Legislation and reforms in the justice system: the adoption of laws and policies that protect rights and prevent discrimination based on any characteristic, including race, sex, sexual orientation, gender identity, disability, etc. These laws must be effectively implemented and accompanied by training and monitoring measures. As should ensure fair and impartial adjudication of discrimination cases in the courts.

– Education and awareness: conducting educational campaigns and programs that will help raise awareness of discrimination, and develop tolerance and respect for differences. This includes inclusive lessons in schools, training for employers, and events for the public.

– Supporting victims of discrimination: promoting support and protection mechanisms for those who experience discrimination. This can include legal, and psychological support and access to social services and medicine.

– Working with communities and civil society: it is important to create conditions for active participation, such as supporting non-governmental organizations working in the field of human rights.

– Working with employers and businesses: ensuring equal opportunities in the workplace and preventing discrimination in hiring, promotion, and dismissal. This includes educating employers about the principles of equality and fairness and establishing mechanisms for employee complaints and appeals.

On Zero Discrimination Day, human rights advocates actively advocate for effective laws and policies to prevent discrimination and protect the rights of all people, including vulnerable groups. But let us remember that not only on March 1, but every day is an opportunity to draw attention to this issue and promote a society based on equality, justice, and respect for human rights.

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.

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.

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

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

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

Response stories

Bosnia and Herzegovina: preserving education through health challenges

Post author By velyunsky
Post date November 2, 2023

In a world where the right to education is paramount, there are times when exceptional circumstances test the limits of compassion and flexibility within the educational system. The story of a 14-year-old girl with disabilities and her unwavering determination, combined with REActor ‘s intervention and an exceptional decision by the school board, is a success story that exemplifies the triumph of resilience and compassion in the face of adversity.

The mother of a 14-year-old girl, an excellent student, found herself in a challenging predicament. Her daughter had spent a considerable amount of time in the hospital due to chronic illnesses, causing her to miss a significant number of school days. Faced with the legal consequence of grade repetition due to her daughter’s extensive absences, the desperate and frustrated mother turned to REActor for support and assistance. REActor understood the unique circumstances of this case and recognized the girl’s fundamental right to education. He proposed a solution to the mother: to approach the school board and request an exception based on the extraordinary circumstances.

The school board convened to discuss the case, and what followed was a significant decision that would have a positive impact on the girl’s educational journey. The school board decided to allow the girl to attend online classes prepared by her teachers. This innovative approach, a first for the school, would enable her to keep up with her studies and take her exams, all from her hospital room.

This groundbreaking decision to make online education mandatory was initiated by REActor’s advocacy. It not only secured the girl’s access to education but also pioneered an innovative educational approach previously unexplored by the school.

This success story underscores the importance of recognizing and upholding the fundamental right to education for every child, regardless of their circumstances. It showcases the flexibility and compassion that the educational system can demonstrate when faced with exceptional challenges.

This case is a prime example of how considering exceptional cases and thinking outside the box can lead to remarkable outcomes. It serves as an inspiration for educators, parents, and policymakers, emphasizing that, in the pursuit of knowledge and education, compassion should always have a place.

Through the lens of REAct’s work: PrEP in the context of human rights, key populations, and access challenges

Post author By velyunsky
Post date October 24, 2023

Pre-exposure prophylaxis (PrEP) is a groundbreaking biomedical HIV prevention strategy that has the potential to significantly reduce the transmission of HIV among key populations at high risk. While PrEP offers great promise, it is essential to examine its implementation in the context of human rights and address the unique challenges faced by key populations in accessing this vital preventive tool in our region.

PrEP and Human Rights:

The Right to Health: Access to PrEP is a fundamental component of the right to health. Governments and healthcare systems must ensure that PrEP is affordable, accessible, and available to all individuals at risk of HIV infection.

Non-Discrimination and Equality: Stigma and discrimination against key populations, including men who have sex with men, sex workers, transgender individuals, and people who inject drugs, must be addressed. These populations are disproportionately affected by HIV and should not face discrimination when seeking PrEP.

Informed Consent: Ensuring informed consent is crucial when providing PrEP. Individuals should be fully informed about the benefits, potential side effects, and the importance of adherence to PrEP regimens.

Looking through the lens of REAct’s work, we see the following trends in issues related to access to PrEP:

– Clients are afraid to request PrEP due to the risk of disclosure of sexual orientation.

– Awareness c availability at the community level is low.

– Receiving of PrEP within state institutions is complicated:

Case: Georgia. The REActor referred the beneficiary A. (name changed) to the PrEP program, and he went to the doctor. A. had to wait for a long time and doctor still couldn’t receive a patient. He called him for the next day but couldn’t get him either. А. called the REActor and asked for help. The paralegal accompanied him to another doctor, the client received a consultation the same day and joined the program.

– PrEP associated with MSM:

Case: Kazakhstan. The client C. (name changed) approached the HIV Center to obtain PrEP. However, since he did not disclose that he was engaged in sexual activity with men, the medical staff refused to provide the medication, stating that C. “does not fall into any target group.” At the same time, according to the clinical treatment protocol for HIV in Kazakhstan (No. 180 of March 17, 2023), one of the grounds for providing PrEP is a client’s request for it.

The REActors submitted a complaint addressed to the Director of the HIV Center, the Director of the Kazakh National Center for Dermatology and Infectious Diseases, and the Head of the city’s health department. With this complaint, the client met with the Head of HIV prevention at the HIV Center. After the discussion, the Head of HIV prevention agreed with the arguments presented in the complaint, and C. received PrEP on the same day.

– Availability of PrEP for migrants:

Case: Bosnia and Herzegovina. In August 2023, the REActor was contacted by a foreign citizen N. (name changed) inquiring about the possibility of HIV, hepatitis B, and C testing and where it could be conducted. REActor directed him to the nearest Voluntary Counseling and Testing (VCT) center. However, N. explained that he had already contacted them previously and faced language barriers while communicating with the medical staff. Moreover, they refused to conduct the tests, citing the reason that being a foreign citizen made him ineligible. Additionally, when N. asked if he could obtain PrEP in Bosnia and Herzegovina, they informed him that PrEP was not available anywhere in the country. REActor clarified that the information provided by the VCT medical staff was inaccurate. He assured the foreign citizen that testing could be performed regardless of nationality, and it was free and anonymous. He also mentioned that Partnerships in Health had facilitated the import of PrEP, and N. could receive it after completing the necessary tests. The REActor contacted the Infectious Diseases Department of the Clinical Center in Tuzla, explaining the situation to the foreign citizen. A testing appointment was scheduled, and all arrangements were made with the medical staff for testing, counseling, and the provision of PrEP. The client was informed about the scheduled appointment. N. asked the REActor if he could bring another person along, so the REActor arranged another appointment accordingly.

What can be done shortly to eliminate the crucial barriers?

• Cost and Affordability: The cost of PrEP can be a significant barrier to access. Advocacy is needed to reduce the cost and make PrEP affordable through insurance or government subsidies.

• Healthcare Provider Knowledge: Many healthcare providers may lack awareness or understanding of PrEP. Training and education are essential to ensure accurate information is provided.

• Supply Chain and Distribution: Ensuring a consistent supply of PrEP, especially in resource-limited settings, can be challenging. Addressing supply chain issues is crucial.

• Adherence and Follow-up: PrEP is most effective when taken consistently. Providing support for adherence and regular follow-up is essential for its success.

PrEP is a groundbreaking tool in the fight against HIV, but its successful implementation must consider human rights, the unique needs of key populations, and the elimination of barriers to access. Advocacy, education, and policy changes are essential to realize the full potential of PrEP in reducing the global HIV epidemic while upholding the rights and dignity of all individuals.

Fighting for one’s rights and the rights of others: the story of an attack on a trans woman in Armenia

Post author By velyunsky
Post date October 24, 2023

One summer day in the life of Karine (name changed), an event occurred that was a testament to her courage. Karine, a trans woman, activist, and employee of the NGO New Generation, was working to provide HIV testing and counseling. However, she faced a challenge that she had to take on.

While doing her job, Karine was attacked by a stranger. The man, possibly after learning that Karine was a trans woman, began to insult her and interfere with her HIV prevention activities. Despite the aggression and threats, the NGO New Generation staff decided to keep their cool and leave the testing site.

However, at that moment the situation took an even more frightening turn. The attacker didn’t just stop at words. He attacked Karine, inflicting grievous bodily harm. The person being tested rushed away from the scene, leaving Karine alone. However, the client did not give up in the face of aggression. She immediately contacted the police, and law enforcement officials arrived at the scene. The attacker was detained and a criminal case was opened. It is unclear at this stage whether Karine and the attacker were acquaintances or whether it was a random attack.

Legal support for Karine is being provided by an NGO. With the participation of REActors, it was possible to record the crime and ensure the initiation of criminal proceedings. Thanks to the assistance of paralegals, Karine was sent for a forensic medical examination. The criminal case is currently under review.

The story serves as a reminder of the importance of human rights and the protection of those facing violence and discrimination. The client’s fearless behavior and determination raise an important point about the importance of continuing to fight for equal rights and justice. And that everyone can fight for their rights and the rights of others.

Also read:

Protecting the rights of transgender women in Tajikistan

Incident in Moldova with disclosure of medical information

Tags Armenia, Human Rights, LGBTQ

Response stories

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)

Also read:

Protecting the rights of transgender women in Tajikistan

Incident in Moldova with disclosure of medical information

Tags Discrimination, HIV, Human Rights, Uzbekistan