Tag: Human Rights

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Discrimination against HIV-positive prisoners in Kazakhstan: Barriers to resocialization

The situation of HIV-positive prisoners in Kazakhstan faces challenges and discrimination, especially in the process of reintegration back into society. The denial of resocialization services to HIV-positive prisoner Damir (name changed) was a clear example of the limitations faced by HIV-positive people upon release from correctional facilities.

Damir’s situation

In April 2023, Damir contacted REActor in connection with applying for parole from a correctional facility. He planned to move to a re-socialization center after his release for support and integration back into society. However, during the court hearing, the specialist at the Resocialization Center stated that Damir was HIV-positive and had to stay in a specialized medical facility, which prevented the provision of accommodation services in the Resocialization Center.

Discriminatory barriers

The refusal of the Resocialization Center to provide services to HIV-positive Damir is based on unacceptable discrimination, which may violate his rights to equal access to social support and the possibility to return to society after serving his sentence. The refusal is based on paragraph 2, paragraph 30 of the Rules of activity of organizations providing special social services, approved by the Order of the Minister of Labor and Social Protection of Population of the Republic of Kazakhstan from August 29, 2018, №379.

Measures taken

In turn, Damir appealed to the Representative of the Ombudsman for Human Rights in the Republic of Kazakhstan for the East Kazakhstan region and filed a complaint against the Resocialization Center. The representative of the Ombudsman initiated a working meeting with the participation of the Prosecutor’s Office, the Resocialization Center, the Health Department, the AIDS Center, and the Department of Corrections and Detention. During the meeting, it was decided through the prosecutor’s office to request the Ministry of Labor and Social Protection of Population of the Republic of Kazakhstan to explain the meaning and content of p. 2 p. 30 of the Rules of Activity of Organizations Providing Special Social Services.

Conclusion

The situation with HIV-positive prisoners in Kazakhstan requires close attention and additional measures to prevent discrimination and ensure equal access to social and medical support. It is necessary to strive for fair treatment and avoid violation of the rights of HIV-positive people, including their right to re-socialization and return to society after serving their sentence.

Also read:

Discrimination against HIV-positive women in Kazakhstan: Life on the brink

Client Incident: Wrongful Disclosure of Medical Information in Uzbekistan

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Response stories

Discrimination against HIV-positive women in Kazakhstan: Life on the brink

The situation of HIV-positive people in Kazakhstan faces various challenges, including discrimination and stigmatization. Despite improved awareness and access to medical care, many women continue to face limitations and challenges related to their HIV status. Consider the case of Amina (name changed), who faced discrimination and difficulties in accessing medical care for her pregnancy termination.

On March 15, Amina, who is HIV-positive, approached REActor with a question about where she should initially go to terminate her pregnancy, as she has a one-year-old HIV-positive child and is not yet ready to become a mother again. At first, the REActor referred Amina to an infectious disease doctor, which is standard practice for women with HIV, but this is where the first difficulties began. The doctor issued a certificate required for termination of pregnancy and referred her to a gynecologist at her place of residence. However, when Amina went to the polyclinic with her paid ultrasound, it turned out that the pregnancy term determined on its basis did not coincide with the results of the previous study. This led to additional tests and a delay in the procedure.

On March 27, after a repeat ultrasound and hCG analysis, she was finally given a referral to the perinatal center for termination of pregnancy. However, the maternity center denied her the operation, explaining that they could not accept an HIV-positive patient because their facility did not have a “dirty zone” for such cases. This case of discrimination was based on recent rules introduced at the perinatal center.

Fighting for rights

Rejected and humiliated, Amina went to the REActor for help. The REActor went with her to the head of the AIDS Center and found out that the rules imposed did exist. Then REActor found out that the gynecologist who treated Amina at the polyclinic knew about the new rules and should not have referred her to the perinatal center. However, the gynecologist forgot about this and gave the wrong referral, putting Amina in an even greater situation of uncertainty and anxiety.

Amina was then sent to the city hospital, but even there she was not admitted because of the wrong referral. Only after correcting the document was, she admitted to the hospital and the surgery was finally performed on April 3.

Measures against discrimination

After all, this happened, Amina decided to file a complaint against the responsible gynecologist for the wrong referral. Together with the REActor, she went to the relevant service, where her complaint was recorded. The Ministry of Health of Kazakhstan reacted quickly and took action against the doctor.

According to the Ministry’s report, the doctor was severely reprimanded, deprived of her bonus, and suspended for 6 months for advanced training. However, the doctor herself did not provide Amina with such negative experiences and discrimination.

Conclusion

Amina’s case reflects the difficulties faced by HIV-positive women in Kazakhstan, particularly in accessing health care and reproductive services. Discrimination based on HIV status remains a serious problem, and additional measures must continue to be worked on to ensure equitable access to health care.

Authorities and healthcare providers should actively work to increase awareness and education on HIV/AIDS and implement protective mechanisms to prevent discrimination based on HIV status. Such measures will help to create a more favorable and safer environment for all people, and allow everyone to receive quality health care without fear of discrimination.

Also read:

Client Incident: Wrongful Disclosure of Medical Information in Uzbekistan

Survival Story: How an organization helped a woman overcome her HIV diagnosis and start a new life

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Response stories

Client Incident: Wrongful Disclosure of Medical Information in Uzbekistan

Confidentiality of medical information is a fundamental principle in health care. Physicians and medical staff have to protect patient confidentiality and prevent the disclosure of personal information. In this article, we will examine one case involving a client who experienced the wrongful disclosure of his medical status to his neighbors.


Case Description:


In this incident, the client lives with his wife in an apartment that is located in the same building as his parents. While they were away on vacation that same day in the evening, a neighbor who lives on the ground floor came and informed the client that they had been visited by the polyclinic for an annual medical examination because they were allegedly registered at an AIDS center. The shocked client and his wife immediately visited the central polyclinic of Yangi-Khaet district to find out the reason for such visits and the disclosure of their medical status to their neighbors. However, the nurse they contacted stated that she had not visited them and had not disclosed the information to the neighbors. Because of this misunderstanding, the client and his wife appealed to the management of the outpatient clinic to stop further disclosure of confidential information.


Solution:
To resolve the incident, the client and his wife decided to contact their neighbors and find out who exactly had visited them in their absence. It turned out to be a nurse working with a general practitioner. After speaking with the nurse, the client and his spouse discussed the disclosure of medical status and possible consequences for the offender. The nurse promised that this situation would not happen again in the future. The nurse then went to the neighbors and explained that a mistake had been made and apologized for the inappropriate disclosure of confidential information.


Conclusion:


The described case is a serious violation of the principles of confidentiality of medical information. Disclosure of medical status without the patient’s consent is unacceptable and can lead to negative consequences for the patient, including violation of their rights and trouble in the community. In this case, the client and his spouse were able to resolve the issue by having an explanatory conversation with the nurse and neighbors. However, incidents such as these emphasize the importance of respecting the principles of medical confidentiality and the need to take appropriate measures to prevent similar breaches in the future.

Original Source (in Russian)

Also read:

Controversial healthcare procedure canceled after public outcry in Herzegovina-Neretva Canton

Survival Story: How an organization helped a woman overcome her HIV diagnosis and start a new life

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Response stories

Guiding Change: The Role of REActors in Supporting and Protecting LGBTQ People in Armenia

Армения, несмотря на свое членство в Европейской комиссии против дискриминации, сталкивается с глубоко укоренившейся консервативной культурой и традициями, что приводит к стигматизации и дискриминации ЛГБТК-сообщества.

– Законодательство: Армения не имеет законов, которые явно защищали бы ЛГБТК-сообщество от дискриминации на основе сексуальной ориентации или гендерной идентичности. Это создает юридическую неопределенность и препятствует защите и правам ЛГБТК-людей.

– Социальное отношение: В армянском обществе преобладает консервативный подход к вопросам сексуальной ориентации и гендерной идентичности. Гомофобия и трансфобия распространены, и ЛГБТК-люди подвергаются социальному изоляции, преследованию и насилию. Они также часто сталкиваются с дискриминацией на рабочих местах и в учебных заведениях.

– Отсутствие правовой защиты: ЛГБТК-сообщество в Армении сталкивается с ограничениями в доступе к здравоохранению, социальным услугам и юридической защите. Отсутствие правовой защиты означает, что жертвы дискриминации и насилия имеют мало возможностей обратиться за помощью и справедливостью.

– Пропаганда “традиционных ценностей”: в последние годы наблюдается усиление консервативных и националистических групп, которые активно пропагандируют “традиционные ценности” и враждебно относятся к ЛГБТК-сообществу. Они проводят митинги, демонстрации и кампании, которые способствуют стигматизации и дискриминации ЛГБТК-людей.

Отсутствие законодательной защиты, социальные ограничения и препятствия в доступе к правам и услугам создают неблагоприятную среду для ЛГБТК-людей. Однако, благодаря инструментам, таким как РЕАкт, армянское ЛГБТК-сообщество находит поддержку и защиту, способствуя изменениям в общественном мнении.

Предательство и отчуждение

19 января Тигран (имя изменено) – представитель ЛГБТК-сообщества позвонил РЕАктору со слезами и рассказал, что познакомился в Интернете с парнем. Их общение длилось какое-то время, после чего он отправил ему свои интимные фотографии. Однако парень начал шантажировать Тиграна, сказав, что отправит эти снимки его родителям, если он не переведет ему 100 000 драм (около 250 долларов) до конца дня. Пострадавший был вынужден передать эти деньги, но через 2 дня тот потребовал столько же. Такой суммы у клиента уже не было. Тогда шантажист написал отцу Тиграна, что их сын гей и если до конца следующего дня ему не пришлют 200 000 драм, он выложит его интимные фото в интернет. Вместо поддержки, отец пострадавшего избил его и сказал, что такой сын ему не нужен. Тигран, глубоко переживая, решил покончить жизнь самоубийством и направился к мосту. Он позвонил РЕАктору уже оттуда, перед прыжком. РЕАктор уговорил его не делать поспешных решений и, не прерывая связи, направился к нему.

“Ты не один”

На месте он предоставил психологическую помощь и предложил переночевать у себя, так как Тиграну просто не было куда идти. Утром они вместе направились в отделение полиции. Представители органов подшучивали над молодым человеком и не хотели записывать показания. Они говорили, что пока ничего не опубликовано, нужно радоваться и продолжать наслаждаться жизнью. Тогда РЕАктор позвонил на горячую линию и оставил жалобу, после чего им позволили написать заявление. Уже через несколько дней шантажиста нашли, взяли под стражу и провели воспитательную беседу. Он больше не беспокоит пострадавшего. А Тигран вернулся в семью и помирился с отцом.

Проблемы, с которыми сталкивается ЛГБТК-сообщество в Армении, являются серьезными и требуют немедленных действий со стороны общества, правительства и международного сообщества. Но несмотря на сложности, существует надежда на позитивные изменения и прогресс. Общественное мнение играет важную роль в изменении отношения к ЛГБТК-сообществу. Организации и активисты должны продолжать освещать проблемы, связанные с дискриминацией и стигмой, а также работать над повышением осведомленности об этом вопросе. Образовательные программы, мероприятия и кампании могут помочь смягчить предубеждения и создать атмосферу взаимопонимания и уважения.Важно, чтобы все люди осознавали – ЛГБТК-сообщество имеет те же права и заслуживает равных возможностей и защиты. 

Читать также:

Дискриминация и стигматизация ВИЧ-положительных детей в Армении: вызовы и необходимость действий

Преодоление стигмы и насилия: История выхода из западни для человека, употребляющего наркотики, в Армении

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Launching REAct in Kazakhstan: Enhancing Legal Protection and Responding to Human Rights Violations

To improve the level of human rights protection in the country and to effectively respond to violations at the community level, in early 2023, Kazakhstan decided to implement the REAct project. This was made possible as a result of successful collaboration between ICF “Alliance for Public Health” and local partners in the field of civil society, human rights, and health. As part of this process, tools and resources were developed and adapted to fit the local context and the needs of key groups.

Since its launch in April 2023, the project has been actively implemented in three cities: Astana, Almaty, and Ust-Kamenogorsk, where the largest number of people living with HIV reside. At the moment, the project involves 7 people, including 2 REActors in each of these cities and 1 national coordinator.

Project focus and objectives:

The main focus of the REAct project in Kazakhstan is to respond to and prepare project clients to defend their rights. Each applicant is provided with counseling depending on the specifics of his/her case and readiness to defend his/her rights. Also, such services as writing complaints, applications to law enforcement agencies, collecting documents for filing a lawsuit in court, referral to professional lawyers, as well as mediation and mediation between the victim and perpetrators are provided.

Significance of REAct for Kazakhstan:

The launch of REAct in Kazakhstan opens new opportunities for community-based human rights advocacy and effective response to violations. The project provides legal support to clients and mobilizes the community to take active measures to protect and promote the rights of people living with HIV. The REAct project is expected to improve the quality of services and address areas of human rights concern in Kazakhstan.

Also read:

Demand Compliance! Why is standing up for one’s right to work so important?

Respect our choice! The world celebrates International Sex Worker Rights Day

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REAct in Uzbekistan: Overcoming Barriers and Promoting Quality Health Interventions based on Human Rights

At the end of May, a two-day training on the REAct tool was held in Tashkent, Uzbekistan. The main objective of this event was to enhance the knowledge and skills of participants in overcoming barriers to access to health services for key populations and promoting quality health interventions based on human rights principles.

The first day of the training was dedicated to the basics of using the REAct tool. The participants received extensive information about the system and its practical application. The session discussed issues and problems arising in documenting and recording cases of human rights violations. The trainer shared his experience, reviewed typical mistakes, and provided recommendations on how to correctly fill out forms and provide reliable information on human rights violations.

The second day of the training started with a session on mechanisms for responding to human rights violations after documenting cases. Participants received information on the next steps, including interaction with law enforcement agencies, state institutions, and non-governmental organizations. The trainer emphasized the importance of following legal procedures and provided participants with information on available resources and support mechanisms.

As a result of the two-day training, participants learned new skills and tools that will help them to work more effectively with the REAct system and improve access to health services for key populations. The exchange of experience and discussion of practical situations made this training a valuable and interactive experience for all those present.

This event in Tashkent emphasizes the importance of respecting human rights and legal procedures in providing health services and responding to human rights violations in Uzbekistan.

Also read:

Demand Compliance! Why is standing up for one’s right to work so important?

Respect our choice! The world celebrates International Sex Worker Rights Day

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News

Demand Compliance! Why is standing up for one’s right to work so important?

Human rights violations occur all over the world, primarily because of discrimination of varying degrees: in the family, at the institutional or national level. It has no boundaries, profoundly affecting the structure of global society. To be sure, over the years many countries have undergone a series of legislative and policy reforms to maximize support for the rights of vulnerable groups, and key principles are originally contained in many existing International Labor Organization conventions and recommendations, as well as in other instruments affecting rights (including the Universal Declaration of Human Rights). However, progress on employment is still highly unsatisfactory. Gender inequality, disclosure of the status of employees in the workplace, mandatory testing, banning people living with HIV from certain activities and professions, dismissal or denial of employment… The list of forms of discrimination against key populations (including women and children) in the socio-economic sphere is extensive, in parallel promoting the development of stigma in society.

Over the past three years, REActors in the regions of Southeast Europe and Central Asia have noted systematic institutional violations of the right “to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment”. Thus, the most widespread cases remain:

– The exclusion from collective activity of beneficiaries previously incarcerated (e.g., for drug use). 

– refusal to employ women because they belong to a key group (sex workers, PWUD community) or because they have children.

– mandatory HIV testing and dismissal due to positive HIV status. 

– negative, discriminatory attitude and humiliating actions from the team because of an employee’s HIV status, gross violation of his/her privacy.  

All these cases have several things in common: when faced with such a problem, the injured party experiences an inexpressible feeling of hopelessness, fear, and a desire to simply disappear from the life of the surrounding society. However, if the person found the strength not to close down alone with self-stigma and psychological pressure, but to share it with the REActor, then an important step has been taken toward solving and ending such situations. 

It is important to remember: only by uncovering existing problems and acknowledging discrimination and violations in the workplace can we further protect, respect, and fulfill human rights, through gender equality, dialogue, prevention, and support at all levels.

Also read:

Respect our choice! The world celebrates International Sex Worker Rights Day

Progressive role of NGOs during the lockdowns: Eurasian Women’s Network on AIDS presented best practices of the EECA region at the Harm Reduction International Conference

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Progressive role of NGOs during the lockdowns: Eurasian Women’s Network on AIDS presented best practices of the EECA region at the Harm Reduction International Conference

During the Harm Reduction International Conference, convened this year in Melbourne, Australia, on 16-19 April 2023, Svitlana Moroz, Chair of the Eurasian Women’s Network on AIDS (EWNA) spoke on Rapid response to discrimination and violence against women who use drugs in EECA countries during COVID-19 and lockdowns.

According to EWNA’s research, during the global pandemic, community-led organizations and women’s networks were at the forefront of the HIV response, becoming the link between women living with HIV, women who use drugs, and sex workers, and providing them with life-saving services, including harm reduction. Svitlana pointed out the main findings what key groups faced during the COVID-19 pandemic:

– police checkpoints at the city entrances were barriers for OAT patients from rural areas to access treatment. Women were even more affected by lockdowns, as they were mainly left at home with children missing daily treatment.

– prolongated methadone distribution (for 5 days) showed its efficiency during the crisis period and lockdown.

– harm reduction items postal delivery can be successfully combined with the distribution of educative and informational materials.

– COVID-19 pandemic provoked a considerable decrease in PWUD income, especially among women, who were the first to lose their jobs. Food packages are very needed.

– domestic violence happened more often during curfews, which requires immediate and remote legal consulting to the victim and support during an appeal to the police.

– request for shelter for WWUD and suffering domestic violence is not covered and needs to be sustainable.

The presentation also took into account REAct data: during the COVID-19 pandemic, more than 700 referrals from women who use drugs (WUD) were registered by national NGOs in 6 countries of the EECA region. And as the statistics show, the correlation between the growth of the pandemic and violence against women who use drugs is evident in EECA – each new “wave” of the pandemic was followed by another spike in violations of their rights.

Svitlana highlighted during her speech that in response, national NGOs made an effective intervention. In the countries, a crisis hotline for WWUD who suffer from domestic violence during the lockdown was established. It enables quick and remote consultations and support to women locked with an abuser. Also, we distributed business cards with crisis hotline phone numbers together with harm reduction and prevention items, that were sent to clients by mail to avoid face-to-face contact. And did numerous informational publications and consulting of clients online in social media as well.

Also read:

Report on the results of the Analysis of the Hotline calls: Domestic and other forms of violence against women living with HIV and women in key populations during the COVID-19 pandemic

Report on the results of the Analysis of the Hotline calls: Domestic and other forms of violence against women living with HIV and women in key populations during the COVID-19 pandemic

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Response stories

Controversial healthcare procedure canceled after public outcry in Herzegovina-Neretva Canton

The recent change in the procedure of the Institute of Health Insurance of Herzegovina-Neretva Canton (ZZOHNK) for scheduling and conducting examinations from primary to specialist healthcare in health institutions within the canton has resulted in a positive outcome for the people, which was largely due to the public’s reaction to the initial controversy over the changes.

The procedure, which aimed to divide patients based on their nationality, received a strong outcry from citizens, NGOs, and political parties who argued that it violated basic medical postulates and oaths, and numerous positive legal regulations governing the field of healthcare. The cancellation of the controversial healthcare procedure in Herzegovina-Neretva Canton is a victory for the patients’ rights to receive equal and non-discriminatory healthcare. This decision has reaffirmed the fundamental principle that patients have the right to choose their preferred healthcare providers, and that nobody should be separated or discriminated against based on their nationality or any other personal characteristic.

The success of this story lies in the power of the people to stand up for their rights and demand accountability from their institutions. Without the collective efforts of citizens, NGOs, and political parties, this discriminatory procedure could have been implemented, and patients could have been denied access to healthcare facilities based on their nationality. The cancellation of this procedure serves as a reminder that the people’s voice is powerful and that their actions can bring about positive change in society.

The public outcry against the procedure reflects the collective will of the people to ensure that their basic rights and values are respected by the institutions responsible for providing them with essential services. It sends a clear message that discrimination and segregation have no place in modern society, especially in the field of healthcare where access to quality care is a fundamental human right.

Also read:

Against discrimination and stereotypes of society: how REActors defend the rights of sex workers in Tajikistan

Progress of Georgia in combating violence against women and its protection mechanisms on practice

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News

Respect our choice! The world celebrates International Sex Worker Rights Day

March 3rd is International Sex Worker Rights Day. Its history began in 2001 when over 25,000 sex workers gathered for a festival in India. The event was hosted by the Durbar Mahila Samanwaya Committee, a Calcutta based group, representing the interests of more than 50,000 sex workers and members of their communities. Since that time, March 3 is celebrated all over the world.

But even though the global society is developing as quickly as possible, in many countries sex workers are seen as criminals and “fallen” people, causing “undermining of traditional values”. Alas, the region of Eastern Europe and Central Asia is no exception. Justifying themselves in this way, governments in some countries support the criminalization of sex work and campaigns aimed at discriminating against the rights of this key group. And even where sex work is not subject to any administrative or criminal prosecution, police raids, violence, humiliation, and insults from society and even family members are not uncommon.

The REActors of the EECA region make every effort to constantly monitor and address situations where there is a violation of the rights of sex workers and workers. Today we bring to your attention several publications with an overview of the situations in Moldova, Tajikistan, and Georgia, as well as the support and struggle of paralegals against discrimination against this key group in these countries.

Tajikistan. Said, REActor: “…I made a rule for myself: once you start to defend, then fight to the end. Otherwise, you will lose both trust and authority.”

Georgia. Kakha Kvashilava, REAct National Coordinator: “The attitude towards violence in the country is as strict as possible, therefore the attitude of the police towards the victim from this key group is the same as in any other case: adequate and within the framework of the powers granted by law.”

Moldova. National REActor: “Persecution and violence against girls by law enforcement agencies occur on an ongoing basis, they are discriminated against and humiliated, and they can be beaten, but they refuse to write complaints, knowing that they are being prosecuted by law.”

Today and always it is worth remembering that sex work is an activity like any other, which requires acceptance and respect. And its representative – respect for the rights and non-discrimination to himself/herself and his/her choice.

Also read:

The right to a decent and fulfilling life: the world celebrates Zero Discrimination Day

Sustainability as a priority: REAct is continuing to function in Georgia in 2023

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Response stories

Establish Rights-Respecting Laws: What Moldova Needs to Make a Difference and Combat Sex Work Discrimination

Moldova provides for administrative liability for engaging in sex work. The article is often applied, and in 2023 there will be a tougher punishment by increasing fines. And while this discrimination and stigmatization of sex workers breed violence, increase the vulnerability of this key group, puts their health at risk, and limits access to justice, girls, and women are willing to take risks to feed their families and survive. Many official salaries are not even enough to pay for the simplest services, so there are more and more sex workers in the country, and law enforcement officials use this article as a means of extortion, control, and punishment of those who refused to pay off.

According to one of Moldova’s national REActors, it is common for a beneficiary to be fined for a different reason, which is much higher than the penalty for sex work. For example, there was a case when a girl was fined, but another administrative violation as indicated in the protocol, since they could not prove that the beneficiary was a sex worker. Therefore, an attack and a conflict with the police were indicated. Sometimes services are not paid for, and if a girl is caught, she will have no reason to close the fine. In this connection, sex workers often try to run away or negotiate “on the spot” with the police. Persecution and violence against girls by law enforcement agencies occur on an ongoing basis, they are discriminated against and humiliated, and they can be beaten, but they refuse to write complaints, knowing that they are being prosecuted by law. And if they are consulted, then only anonymously, as they are afraid of publicity.

The presence of such fines often becomes an excellent reason for discrimination on the part of other employers: a person can be fired without benefits and explanations, or denied pay. However, if it comes to REActors, then the probability of a positive solution to the situation increases significantly. So, in one case, a former sex worker got a job caring for a disabled person. After working for 4 months, she came for a salary, but she was refused – the employer referred to the fact that she had previously provided sex services, but did not mention or warn about this when she was hired. The client turned to REActor, who promptly got in touch with him and threatened to file a complaint. A week later, the due funds were paid to the girl in full.

Even children of sex workers are discriminated against. They are teased on the streets, and sometimes in kindergartens. The REActor recorded a case when the educators asked the mother, a sex worker, to transfer the child to another preschool institution. After the paralegal learned about the situation, a consultation was held with the beneficiary, and a conversation was held with the educator and director of the kindergarten. As a result, the child was simply transferred to another group and the kindergarten did not have to be changed.

The reality is clear: Moldovan legislation regarding key populations remains repressive and discriminatory. But we must remember that for the situation to change, we need to start from the very “top”: the government should abandon the application of laws on administrative violations that punish sex work. It is necessary to stop harassment and violence against representatives of the sex industry by law enforcement agencies and allow everyone to work in safety and inadequate, equal conditions.

Also read:

Against discrimination and stereotypes of society: how REActors defend the rights of sex workers in Tajikistan

Progress of Georgia in combating violence against women and its protection mechanisms on practice

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Response stories

Progress of Georgia in combating violence against women and its protection mechanisms on practice

In recent years, Georgia has made significant progress in combating violence against women and domestic violence, especially in terms of criminal prosecution of such crimes, as well as the improvement of victim protection and assistance mechanisms. In 2017, Georgia ratified the Council of Europe Convention on the Prevention and Suppression of Violence against Women and Domestic Violence (Istanbul Convention) and took measures to bring Georgia’s legislation into line with the Convention. Currently, the legislation defines various forms of violence against women and provides important mechanisms for responding to violence.

Despite positive changes, women belonging to vulnerable groups face special barriers in accessing justice for sexual violence. Barriers, in many cases, are caused by inappropriate or discriminatory legal regulation, stigma against vulnerable women, and inadequate preparation of judicial bodies in criminal prosecutions to the specifics of vulnerable groups. Since women representing the mentioned groups face special barriers in terms of using legal means and practice on these issues is extremely rare, and it is impossible to obtain important information about their specific problems. REAct is the only possibility in terms of identifying their problems and needs. Despite the existing problems, in most cases, the police react positively to the violence against sex workers, as evidenced by the cases registered in the REAct system.

Tamta (name changed), sex worker, 33 years old

The beneficiary is a sex worker, 33, who was married and divorced due to abuse, was systematically subjected to psychological and physical abuse by her husband, mainly due to jealousy and an alleged association with sex work. After one of the incidents, she turned to the patrol for help with the children. They were given the status of victims and placed in a shelter.

Lika (name changed), sex worker, 31 years old

The commercial sex worker provided service to the client, but upon arrival demanded to establish an unspecified and unacceptable relationship for her, after which she verbally abused her, then proceeded to physical violence. However, with the help of a friend, the beneficiary managed to contact the police, and the offender was arrested.

According to the current situation in Georgia, the police react immediately and strictly against violence against women, based on the existing legislation, including violations of the rights of women sex workers.

Kakha Kvashilava, REAct National Coordinator: “In our practice, it has never happened that the police refuse to initiate an investigation or do not respond because the victim is a sex worker. The attitude towards violence in the country is as strict as possible, therefore the attitude of the police towards the victim from this key group is the same as in any other case: adequate and within the framework of the powers granted by law. That is why affected sex workers have recently turned to the police more and more often, and their confidence has increased to a certain extent. This is facilitated by the fact that to combat violence against women, national mechanisms and institutions have been created that are developing positively, legal norms are being improved, public awareness is being raised, and the office of the public defender is actively working. The state mechanism against violence exists at a high level of the hierarchy – the government. And criminal, civil, and administrative mechanisms are used to detect and prevent violence against women and/or domestic violence.

Therefore, if necessary, it is enough for the victim to call 112 and report the incident, which will be followed by an immediate response from law enforcement agencies.”

The REAct team hopes that the current situation will improve further and that other vulnerable groups’ rights violations will be dealt with fairly and immediately.

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Response stories

Against discrimination and stereotypes of society: how REActors defend the rights of sex workers in Tajikistan

On November 9, 2018, the United Nations Committee on the Elimination of Discrimination Against Women (CEDOW) issued recommendations to Tajikistan, noting that contrary to the Committee’s proposal to abolish punishment for sex work, reports of intimidation, harassment, and violation of the rights of sex workers have increased. These women are being repressed for their work because of the “undermining of traditional values”. Moreover, administrative responsibility for this activity was also toughened (fines increased or arrests up to 15 days) as a necessity for the “fight against prostitution” and against the spread of HIV.

Society does not want to open its eyes to the fact that this is nothing more than a stereotype – according to the National Program to Combat the HIV Epidemic for 2017-2020 HIV prevalence among female sex workers was only 3.5%! And the main route of transmission of the virus in the country is heterosexual sexual intercourse (in some regions, the proportion of such cases has reached 70%). But for most law enforcement officials, medical center employees, and even acquaintances and relatives, sex work is a stigma and an evil that brings problems, and it should be punished. And the methods chosen for this, at times, turn out to be far beyond the legal field.

However, even given such unfavorable conditions, REActors in Tajikistan manage not only to record the facts of violations but also successfully help sex workers overcome the problems that have arisen and assert their rights.

“We all know about you!”

In January, one of the REActors received a call from Aziza (name changed). The girl was previously a sex worker, but at the time of the conversation she no longer provided services, lived in a hostel with a small child, and earned money by cleaning houses. One evening, two police officers came to them and asked the watchman to call Aziza. When the client asked what they needed, law enforcement officials began to intimidate the girl, saying that they knew about her positive HIV status and what she had been doing before. Further, blackmail began – either publicity or work for them and revealing the names of other sex workers. Aziza said that she had not provided sex services for a long time and could not know anyone. Then the police began to interrogate where and from whom she got infected, and who was her former clients. The client said she did not know this and was not going to talk to anyone. In response, threats followed, up to the initiation of a case for prostitution and deprivation of child custody. Not surprisingly, the next day, the girl took her daughter and ran away from the hostel. Having recorded everything, the REActor asked for the telephone number of the policemen who had come and called them. Introducing himself, he explained that he could follow their similar actions. Initially, they behaved aggressively, also threatening to be held accountable for aiding and concealing data. But when the paralegal said that they, too, had justice through complaints and statements to the Prosecutor and the police chief, they asked for a meeting. Then there were threats again, but the REActor insisted on his own. Hearing this, the self-defense method worked for the employees of the authorities, and they offered to call Aziza to meet all together and discuss further actions. On the spot, the client and the policemen gave their word that they would no longer interfere in her life and would not disturb the girl.

“I want to be with you so much…”

The REActors hotline received a call from Gesu (name changed). The girl asked for help – she was publicly beaten for being engaged in commercial sex. In a personal meeting, the client said that she had recently been with a young man. He liked her, and the guy offered to be with him all the time but was refused. Repeated attempts to again attract the girl to intimacy also turned out to be fruitless. One day the guy saw Gesa with another young man. After that, choosing the moment when she was returning home from her friend alone, he, along with a friend, blocked the path and the men began to pester her. The client asked to be released and tried to run away, but they started beating her. A woman was walking nearby, saw this, and called her neighbor, a district police officer in another territory. Upon arrival, the policeman smelled alcohol, began to separate them, but blamed Gesa for everything! Instead of detaining the rapists and fixing the violation, a law enforcement representative reproached that she had already been caught by the police once. Then he asked everyone to disperse and warned the girl that if this happens again, he will take her to the department.

The girl left in tears and beating. And then her call to the REAct hotline sounded. The paralegal immediately offered Gesа his help, contact the forensic examination and remove traces of beatings. He agreed. Together they underwent an examination in a forensic medical examination, took a conclusion, and then went to the police station and wrote a statement. He was registered, and at the same time, the client gave testimonies against the district police officer, who ignored the fact of the offense. The next day, Gesa was summoned to the police department. They drew up a protocol and opened a criminal case against the rapists. And the situation with the district police officer was taken under control by those responsible for the internal investigation.

Said, REActor, Tajikistan: “By proving the correctness of clients and the wrongdoings by the police, you become an experienced and authoritative defender of the rights of key groups. But you must remember that you need to speak with representatives of the authorities in the language of substantiated facts, then you can agree. The REActor must understand the differences between offenses and ordinary cases – I will not hide that each policeman, before starting a substantive conversation, first assesses the level of my knowledge. But for myself, I made a rule: once you start to defend, then fight to the end. Otherwise, you will lose both trust and authority.”

Sex work is an activity like any other that requires acceptance and respect. And its representative – respect for the rights and non-discrimination to himself/herself and his/her choice.

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News

The right to a decent and fulfilling life: the world celebrates Zero Discrimination Day

“Discrimination is a violation of human rights and must not go unchallenged. Everyone has the right to live with respect and dignity.” – 8th UN Secretary-General Ban Ki-moon

Zero Discrimination Day, or Anti-Discrimination Day, has been celebrated on March 1 since 2014. It was initiated by UNAIDS (UNAIDS), the Joint United Nations Program on HIV/AIDS. On this day, every year around the world, civil society and states, officials, activists, journalists, and donors, again and again, support the elimination of infringement of human rights, including against key groups.

The UN notes that the consequences of inequality are experienced by 70 percent of the entire population of the world and this is a significant obstacle to the development of society as a whole. And the most tangible blow is felt by the most vulnerable segments of the population. Thus, according to UNAIDS statistics, the 90-90-90 treatment cascade in the region of Eastern Europe and Central Asia is still far from being achieved. In 2020, it was 70-44-41 and one of the key reasons for this situation is that social and legal conditions still require significant changes and improvements. In many countries in the region, laws are discriminatory—they deny human rights and fundamental freedoms and result in people being treated unequally, excluded from basic services, or subjected to unreasonable restrictions, simply because of who they are and what they do.

REAct, as a tool for monitoring and responding to human rights violations, sees the solution to the situation as improving the legal environment, providing access to services for key groups, and removing discriminatory barriers from government agencies and society. And these changes are already taking place:

Moldova, 2021. The patient fought for his right to access HIV prevention and treatment services through the electronic REAct system. Together with the coordinating team of the National HIV Program and partnership organizations with the Chief Narcologist of Moldova there was set up the opening of a substitution therapy point in Orhei city.

Tajikistan, 2022. REActors and representatives of state structures jointly changed the picture of constant violations of human rights in the regional AIDS Centers. The situation was extremely difficult: on the part of the medical staff, the status of people was disclosed, personal data was transferred to third parties, there was neglect and contempt, especially towards representatives of LGBT and MSM communities.

Georgia, 2021. The sex worker decided not to be silent and fight for her rights – her husband found out about her work and as a result, the woman was subjected to physical violence. With the help of the REActor, the case was resolved positively, the offender was punished, and the client with the children is now safe.

These are just a few stories. But on their example, we want to say today – it is possible and necessary to comprehensively influence the change in the legal environment to eradicate discrimination. Both from the side of another person, and the whole country as a whole. And thanks to the existing REAct tool and the difficult but effective work of partners and paralegals in the region, this transformation is already happening and making its contribution to the EECA region.

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Sustainability as a priority: REAct is continuing to function in Georgia in 2023

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Sustainability as a priority: REAct is continuing to function in Georgia in 2023

February, 17, the coordinative meeting of national REActors and partner organizations representatives who are involved in the program was held in Tbilisi. The key point of the meeting became approving the one-year work plan, as well as getting introduced to the changes and challenges for 2023.

This year REAct in Georgia will continue to collect, and monitor cases about human rights violations and create reports based on the date. The national Team is going to initiate implementation of the drug policy advocacy plan and will try to mobilize interested partners and recourses to start the process. As a result, REAct will continue to have legal consultation service in 2023, and under the program will be conducted sensitization training for the Medical staff, based on the needs visualized in the previous reports.

«REAct is a unique system for measuring the situation of human rights in a country, that has no analogs, and the sustainability of its functioning is essential.» – said Mr. Kakha Kvashilava, REAct National Coordinator. «It continues to operate in Georgia until the end of 2023, after a short break, which is very important to note, by the support of National Center for Disease Control and Public Health, under Global fund project”.

REAct team already conducted in February one coordinative meeting, also one training on human rights violations and about the system updated – new field that was just added into the system (regarding the identification of the rights), and one training for new REActors to get accuanted with the online platform, as some organizations, changed their representatives and also for the national organizations that just started the partnership with the tool.

REAct Georgian Team hopes for the continued sustainability of the REAct system in Georgia and to have possibility to implement all the needed activities responding identified needs in country, that were not included in this year’s plan to increase the efficiency of the outcomes and actually change the human rights situation in the country.

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3-Day Intensive: Country REActors Trained in Armenia

February 3-5, 2023, a training was held in Yerevan on documenting cases of violation of the rights of representatives of key populations, as a measure to counteract obstacles in the provision of HIV services. REActors of three national, public organizations of Armenia that are implementing the project in the country were invited to participate: New Generation, National Trans Coalition, and Eurasian Key Populations Coalition. The trainer of the event was Victoria Kalyniuk, Regional Coordinator of REAct.

Over the course of three days, the REActors had the opportunity not only to learn more about the work of the tool itself but were also involved in practical exercises on the definition of discrimination, the level of stigmatization, the analysis of the legal environment of the country and the study of the obligations of the state in protecting the rights of key groups.

“A significant part of the event was devoted to the practice of interviewing, to correctly document by REActors, first of all, sensitive topics. For example, about violence,” Victoria shares. “I also want to note that this training is different from the previous ones, as for the first time it presents a lecture on gender-based violence, its fixation, causes, and consequences. We have not done this before. I think this will be a good start for a series of similar professional training for REActors and other countries in the region where our project is being implemented.”

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Uzbekistan hosted a round table on the topic of reducing barriers related to the violation of the rights of key populations

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Uzbekistan hosted a round table on the topic of reducing barriers related to the violation of the rights of key populations

On December 23, in Tashkent, the Republican non-governmental non-profit organization “ISHONCH VA HAYOT” organized an event aimed at the dialogue of civil society and government agencies on solutions to reduce barriers related to human rights violations among people living with HIV and vulnerable groups with increased risk for HIV infection.

On the part of departmental structures, representatives of the Republican AIDS Center, the Ministry of Health of the Republic of Uzbekistan, the Secretariat of the CCM, the Ministry of Internal Affairs of the Republic of Uzbekistan, the Ombudsman, the Ministry of Employment and Labor Relations of the Republic of Uzbekistan, the International Organization for Migration (IOM) in Uzbekistan, USAID, UNAIDS, as well as Civil Society Organizations and representatives of the PLHIV and KP community.

Particular attention at the round table was focused on the presentation of the work of “ISHONCH VA HAYOT” on documenting cases of human rights violations and responding to them, within the framework of the project “Reducing barriers related to human rights violations among people living with HIV and vulnerable groups of the population with increased risk of HIV infection and increased remote legal support for women who have been subjected to violence” (REAct).

“The collected data is not for accusations. We are only stating the fact that, alas, there are violations and we need to look for ways to solve them together to avoid such problems in the future.” – says Sergey Uchaev, Chairman of the Board of “ISHONCH VA HAYOT”. “I am sincerely glad that our research within the framework of the REAct tool has caused an adequate response from participants from government agencies – after all, the vast majority of violations are recorded precisely from their representatives. There was no denial, on the contrary, the understanding that there are gaps in these issues since not everyone has an understanding of how to work with key groups. For example, the Ministry of Internal Affairs of Uzbekistan has only recently created a department for working with the community of PLHIV – there are new employees, and they have a great interest both in prevention programs and in the field of patients’ rights. But knowledge is still lacking. Therefore, we agreed that for further, successful work, a constructive dialogue between civil society and government agencies is necessary. And for our part, we will support him in every possible way.”

As a summing up of the round table, the participants adopted the key conclusions and recommendations based on the results of the annual report within the framework of the project “Reducing barriers related to the violation of human rights among people living with HIV and vulnerable groups of the population with an increased risk of HIV infection and increasing remote legal Support among Women Subjected to Violence” (REAct) to change the situation with the rights of key populations in Uzbekistan:

– Bring the norms of criminal legislation in line with the requirements of international human rights treaties. In particular, to consider the issue of the complete abolition of Art. 113 of the Criminal Code of the Republic of Uzbekistan.

– Bring the norms of criminal legislation in line with the requirements of international treaties on combating drug trafficking. In particular, consider creating an effective system of alternatives to punishment for crimes not related to the commercial sale of drugs, including the creation of a system for voluntary referral of people who use drugs to treatment and prevention services. To give clarifications to the Supreme Court of the Republic of Uzbekistan on the restrictive application of penalties to people who have committed acts not related to commercial sales.

– Consider the question of the complete abolition of Art. 190 of the Code of Administrative Offenses of the Republic of Uzbekistan (engagement in prostitution) and on the limited application of the norms of the Criminal Code relating to sex work (Articles 130, 131 of the Criminal Code of the Republic of Uzbekistan) only to cases of exploitation of prostitution and guided by the principle of non-punishment of the victim.

– Conduct mandatory information events with the participation of civil society organizations for employees of government agencies and medical institutions that interact with PLWH and representatives of other CGs, to constantly inform on issues about HIV infection, including clarification of points of scientific consensus regarding the possibility of transmission of HIV infection in those or other circumstances (use of a condom, ART, etc.), as well as clarification of the provisions of the Criminal Code of the Republic of Uzbekistan regarding the form of intent for crimes that are considered completed from the moment the acts were committed, regardless of the onset of consequences (Article 21 of the Criminal Code of the Republic of Uzbekistan), and the provisions Criminal Code of the Republic of Uzbekistan on the public danger of an act (Article 14 of the Criminal Code of the Republic of Uzbekistan).

– Conduct consultations with health authorities to ensure that registration does not affect the ability to receive health care services citizens. – Conduct regular information and training activities with police officers, lawyers, and judges on the work within the framework of the implementation of the Palermo Protocol including the need to follow a rights-based human principle is not punishment of the victim, which primarily includes the creation of conditions for the protection of the rights and exclusion of punishment for sex workers to effectively combat human trafficking, based on the recommendations of the United Nations Coordinating Group on Combating Trafficking in Persons.

Recall, as of the end of 2022, 13 REActors of Uzbekistan recorded 797 complaints about violation of the rights of representatives of key groups since the start of the pilot project in 2020.

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Response stories

Not here: refusing to hospitalize a person living with HIV in North Macedonia

The rights of people living with HIV, particularly their health rights, are routinely violated in the Republic of North Macedonia. An analysis of reported cases to NGOs working in this field reveals that approximately 90% of human rights violations of people living with HIV are related to their health rights, and the perpetrators are medical professionals. The health rights of people living with HIV are being violated either by disclosing their HIV status or, in this particular case, by refusing to provide them with health care. 

Not here!

During an examination at the Clinic for Infectious Diseases and Febrile Conditions – Skopje, the patient was advised to go to the University Clinic for Dermatology. Certain serious skin changes (pyoderma) indicated that the person needed to be admitted to the Clinic for Dermatology right away, at which point a specialized doctor was contacted by the Clinic for Infectious Diseases and Febrile Conditions, and an appointment was scheduled. In the presence of the patient, the doctor was starting the administrative procedure for patient admission at the Clinic’s reception desk, and he reminded the nurse that the patient has an immunodeficiency. The department nurse reacted angrily, questioning why the patient had not been admitted to the Clinic for Infectious Diseases instead, how he would stay with the other patients at the Dermatology Clinic, and how she would inform the other patients that one of the hospitalized patients has AIDS. The doctor informed the nurse that the patient has a dermatological condition and must be admitted to the Clinic for Dermatology. Furthermore, he stated that other patients cannot and are not permitted to know about his HIV status. Meanwhile, the patient needed to use the Clinic’s restroom. After exiting the toilet, he was met with a slew of inconveniences by the medical staff, such as remarks that others would now be unable to enter after him, that the toilet needed to be disinfected, and so on.

Even though the patient was aware that he should be admitted to the Dermatology Clinic, the doctor arrived after a long wait, informing the patient that he would still have to be admitted to the Clinic Infectious Diseases and that for “some” reason he could not be admitted to them. The patient believes that, despite the doctor’s good intentions and recognizing that he had a dermatological problem, the refusal to hospitalize him came from the nurse.

REAction and outcome

Because the patient chose not to pursue the violation in court, the Association for the Support of People Living with HIV “Stronger Together,” Skopje, decided to address the infringement of rights by writing to the director of the Clinic for Dermatology. The letter outlined the case while enumerating all domestic legislative rules concerning discrimination and patient rights. The Association demanded that measures be taken by the Clinic to sanction the violating behavior of the Clinic’s staff and prevent similar situations in the future. It also offered support in providing sensitization training to doctors and nurses, to prevent any future incidents of human rights violations in the Clinic.  After a few days, the director of the Clinic for Dermatology called the Association’s executive director to inform them that they were aware of the situation before the Association sent a letter and that the nurse would be sanctioned. The Association has yet to receive written confirmation of any sanctions imposed on the nurse, and it intends to inquire whether the Clinic for Dermatology imposed any sanctions. 

Relevant legal provisions 

According to Article 5 paragraph 2 and Article 32 paragraph 4 of the Law on Protection of Rights of Patients, medical professionals are prohibited to discriminate against anyone based on their health condition. Such prohibition is also regulated in the Law on the Protection from and Preventing Discrimination.

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Spread of panic and false information about the increase in the number of people infected with HIV in Zaječar

The first judgment for discrimination based on sexual orientation in Bosnia and Herzegovina