Tag: Human Rights

Unprofessional attitude of medical stuff in Montenegro that brings to the violation of rights

Post author By velyunsky
Post date December 16, 2022

Doctor man consulting patient while filling up an application form at the desk in hospital. Medicine and health care concept

In 2013 Ministry of Health, Montenegro adopted Strategy for the Prevention of Drug Abuse 2013-2020 which proclaimed that country provides conditions and environment in which there is no place for discrimination. However, the reality shows that the situation is reverse – stigma and discrimination against people, who use drugs are still the largest obstacles to prevention and providing the necessary measures for the rehabilitation of affected persons.

“You’re a liar!”

On June, there was a violation of the rights of the patient Sofia (name was changed), who is a woman, who use drugs and user of the OST service. The violation of her rights as a patient occurred in the way that she was exposed to the doctor’s unprofessional attitude and inappropriate comments during her visit to the infectious disease clinic. A few days after the event, she contacted REActor, complaining about the doctor’s attitude towards her on the medical examination. During the meeting with the REActor, the patient explained that in the earlier period she was involved in the treatment of HCV treatment, which at that time in health system of Montenegro consisted of pegasus drug therapy, with which a 100% cure is not possible. During the conversation, the patient explained to the doctor that she was positive for the presence of the HCV virus at the last test. She also informed the doctor that she followed the rules and avoided risky behaviors and regularly tested for the presence of psychoactive substances, but despite everything, it was again positive. Sofia explained that in the meantime she had a child and that she had an additional obligation to solve the problem. The doctor reacted negatively to everything she told. He accused her of lying and of using psychoactive substances again. The patient understood from his story that he did not want to include her in the treatment process to which she is entitled and was disappointed because he used offensive words at times.

Situations won’t be repeated

After the conversation and in agreement with the patient, the NGO CAZAS requested and held a meeting with the director of the infectious disease clinic, where she was informed about the situation and received assurances, which were later confirmed, that such situations would not be repeated and that the patient would be enabled to enjoy all the rights she has the law guarantees. REActors decided on this approach after talking with the client, because together they came to the conclusion that this is the best option at the moment, considering the fact that the patient must be involved in HCV treatment through the infectious disease clinic. The patient expressed her fear that the initiation of a more serious procedure would not negatively affect that process, if the treatment was conducted by the same doctor from whom she experienced discrimination. Although REActors guaranteed her that they would enable her rights as a patient to be respected in the regular and legally prescribed procedures, as a measure of compromise in this agreement, the patient was assigned another doctor at the infectious disease clinic.

***

By the records from 2014, among the population that is using drugs, 53 percent is infected by hepatitis C. In 2018, the positive list of medicines had 1156 medicines available publicly through the Health Insurance Fund. The list has been expanded with 114 new medicines that cover a wide range of diseases: hypertension, diabetes, cancer, thrombolytic therapy, new medicines for infectious diseases such as HIV and hepatitis C, medicines for transplantation, autoimmune diseases and mental disorders.

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

Post author By velyunsky
Post date December 2, 2022

Despite that Bosnia and Herzegovina is one of the leading countries of the South Eastern Europe, hate speech, intolerance towards LGBTI persons, as well as harassment or violence remain very common and still is an issue of concern. However, a significant step toward not only increasing the LGBTI community’s trust in government institutions but also strengthening standards and legal understanding of discrimination was made this year in Bosnia and Herzegovina.

The first judgment establishing discrimination based on sexual orientation, gender identity and sex characteristics in Bosnia and Herzegovina was passed on April 4, 2022. According to a lawsuit filed and conducted by the Sarajevo Open Centre* as one of its strategic one, the trial lasted a total of two years and six months and is significant, because now there is a judgement protecting LGBTI rights in BiH for the first time in 13 years since the Anti-Discrimination Law was passed. This judgment is also crucial because the defendant, acted in a discriminatory manner as a public figure or cantonal representative in the Sarajevo Canton Assembly.

The defendant violated the right to equal treatment in relation to members of the LGBTI community whose rights the SOC protects as a plaintiff, by making a statement on the social network Facebook reading: “…Fifteen of them are sufficient to launch an initiative and organise so-called pride marches aimed at destroying the state and its people. Everyone has the right to live their lives as they like, but we also have the right to choose who we want to live with. I want people like these to be isolated and put away from our children and society. Let them go somewhere else and make a city, a state, and a law for themselves, and their own rights that no one will dispute. But NOT here!”.

The judge found that the defendant committed the following forms of discrimination: inciting and issuing an order for segregation, harassment with the intent of violating a person’s dignity and creating intimidating, hostile, degrading, humiliating and offensive content based on sexual orientation, gender identity and sex characteristics. The judge emphasized that the text of the statement is extremely discriminatory and degrading, based on extreme negative stereotypes, and that it should be distinguished from statements and posts made by unknown and politically uninvolved individuals because the defendant, as a public official, should protect the freedom and dignity of every individual in a realistic and authentic manner, refraining from expressing views such as “I want people like these to be isolated and put away from our children and society” because it represents a lack of respect for others, and the statement itself is hate speech and direct incitement to hatred, which is altogether discrimination. The defendant’s statement harmed the dignity of LGBTI people, i.e., the plaintiff, and created a hostile, degrading and insulting environment, which violates the ADL, the ECtHR and European case law that is binding in Bosnia and Herzegovina.

It should be emphasized that this is a first-instance judgement, not a final one. However, this precedent is a significant step toward not only increasing the LGBTI community’s trust in institutions but also strengthening standards and legal understanding of discrimination.

* – NGO Sarajevo Open Centre works to advance human rights, especially the position and human rights of LGBTI people and women in Bosnia and Herzegovina, through representation of their realities and advocacy for legal, policy, economic, social and cultural changes in all areas of life.

Illegal Detention: Rescue a Victim Immediately

Post author By velyunsky
Post date November 20, 2022

Illegal is the detention committed in the absence of the listed grounds for its application or in violation of the procedural order (for example, without drawing up a protocol of detention). The corpus delicti is formal. The crime is considered completed from the moment of illegal detention.

Competent persons and citizens for their illegal or unjustified detention or abuse of authority during detention are subject to liability established by law. According to Article 234 of the Criminal Code of Uzbekistan, knowingly illegal detention can be punished with imprisonment of up to 1 year.

The clients of the REActors were detained in the evening in Tashkent, in the park of Babur. They walked, and later sat down on a bench. After some time, a representative of the Milliy Guard (the National Guard of the country) approached them and said that he had been watching them for a long time and, in his opinion, they were behaving very suspiciously. After that, he called three more employees of this unit. Then the clients began to be interrogated, threatened with insulting words that there are cameras everywhere and they recorded everything. That now the police will be called and the detainees will be handed over to them. The clients didn’t mind. Representatives of the internal organs arrived, they were taken to the district office. There, two representatives of the police organized an interrogation, photographed and fingerprinted, and released them three hours later.

Clients were consulted on human rights. They do not mind making a statement if law enforcement officers start calling them again on this issue. At the moment, contact with them is maintained.

Original Source (in Russian)

Denial of access to ART while under arrest

Post author By velyunsky
Post date November 20, 2022

In addition to interrupting therapy, the resumption of treatment also poses a threat to human health, as resistance (virus resistance) to treatment can develop in the body. It can also lead to side effects and psychological complications.

During the client’s treatment at the Specialized Infectious Diseases Hospital, namely consultations about his adherence, a problem was identified. The low adherence of a person was caused by the fact that law enforcement officials deprived him of the right to take ART for the period of his detention for 15 days. These cases were repeated more than once, which over time caused a deterioration in health and an increase in viral load.

The reason for the client’s arrest was his own sister, with whom they live in their parent’s apartment, conflicts occur between them with corresponding consequences.

The person received counseling on the treatment of HIV, the concomitant disease of hepatitis C, as well as on the rights of PLHIV, their assertion and obtaining disability due to illness. Then he was redirected to consult a lawyer to resolve legal issues and solve life situations.

Original Source (in Russian)

Insults and humiliation due to sexual orientation

Post author By velyunsky
Post date November 20, 2022

Last year alone, 70 cases were registered in Uzbekistan, in which the victim is a man who has sex with man or is trans*. Tiberius project staff helped the REAct team to document cases of rights violations in the LGBTQ community. Unfortunately, statistics show that in most cases, violators are extremely difficult to bring to justice, or they are not identified as such, as clients refuse to develop situations, fearing publicity and further discrimination.

The client (MSM) and his friend (sexual partner) lived together in a rented apartment. Neighbors, guessing about their relationship and their non-traditional orientation, at any opportunity insulted, humiliated and dishonored men, demanding that they immediately move out of the apartment, otherwise they would turn to the police, because they do not want to live in the same house and have their children communicate with “such” as they are. The client and his friend had no choice but to find another place of residence as soon as possible and move out, because the neighbors didn’t let them pass at all.

The client and his friend were asked to write a statement about the neighbors who insulted them. They refused, fearing publicity and persecution by law enforcement agencies. It was suggested to talk to the neighbors and explain about the responsibility for violation of human rights. But they also refused, preferring to move out of there as soon as possible and not get involved.

Original Source (in Russian)

Attempts to “knock out” a confession from an innocent man

Post author By velyunsky
Post date November 20, 2022

Alas, the number of cases of abuse of power by state executive bodies still remains huge. Especially in relation to vulnerable groups of the population. These situations, in the main, go unpunished, due to the fact that clients fear for their lives and revenge from those who should… protect them.

The client (PWID, former prisoner) was at home when the criminal investigation officers came to him and, without explanation, he was taken in handcuffs to the district department of internal affairs. There he was beaten and asked about some kind of gold chain and money that he allegedly took from a neighbor. It turned out that last night someone attacked his neighbor in the street and took away all the money and the gold chain. Due to being a PWID client and ex-prisoner, he immediately fell under suspicion. The man was kept at the department for two days, periodically “knocking out” evidence from him, and then, without explaining anything, he was released. It turned out that he was lucky, because the real robber was caught.

The man was consulted on human rights issues and was asked to write a complaint against law enforcement officers for unlawful arrest and beating. However, he refused to consult with a professional lawyer and did not want to write a statement, because he does not trust and was afraid of persecution for drug use by the authorities.

*PWID – people, who inject drugs

Original Source (in Russian)

Denial of treatment due to HIV status

Post author By velyunsky
Post date November 20, 2022

In situations of refusal of medical care, be sure to ask for a written document with the conclusion (refusal) of the doctor, head of the department based on the results of the appeal. Further, you should immediately contact the head physician in order to minimize the time for a possible solution to the problem. You need to try to document all actions in a medical institution, so that later there will be evidence to defend your rights in higher authorities.

During the course of treatment in a specialized infectious diseases hospital, the client told the REACtor about his problem. He said that in addition to HIV, he has an incurable disease called lupus, which must be treated so that there are no complications. At his place of residence, he took the necessary documents and went to Tashkent, to the dermatovenerological hospital. There, during registration, they found out that he had HIV infection and refused, referring to the fact that they did not have a place and that he needed to be treated elsewhere, at his place of residence in the region.

During the consultation with the REACtor, the client received the necessary information on the issues of HIV treatment and prevention, as well as on the rights of PLHIV, and was further referred for consultation with a lawyer in order to investigate this case. He went to the hospital again, with a referral, already informed by the lawyer how to defend his rights. And as soon as they wanted to refuse again, he began to do it. The client informed that in case of repeated refusal of treatment, he would apply directly to the Ministry of Health with already prepared complaint documents. The medical staff got scared, and the client was put on treatment in turn.

Original Source (in Russian)

Also read:

Transmission of HIV through blood transfusion

Nurse disclosed client’s status

Tags HIV, Human Rights, Uzbekistan

News

“This is just the tip of the iceberg!”: the voice of communities is heard at the Fourth meeting of the EECA Judges’ Forum on HIV, Human Rights and the Law

Post author By velyunsky
Post date November 18, 2022

On November 17-18, 2022, Tbilisi (Georgia) hosted the Fourth Forum of Judges of the EECA Region on HIV, Human Rights and the Law, organized by the country’s High School of Justice, together with UNDP, WHO, UNAIDS and other partners. The purpose of this event was to discuss and analyze key urgent factors, namely:

– study of the latest scientific, medical and epidemiological data;

– access to and awareness of people living with HIV and other key populations for judicial and legislative responses at the national, regional and international levels;

– problems and experience of their solution in the field of protecting the rights of people living with HIV, as well as other vulnerable groups.

Among the invited participants and speakers are judges, representatives of the National Institute of Justice, coordinators of the UNDP country office on HIV, health and development from selected EECA countries, including Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Ukraine, Uzbekistan.

The session of the second day caused a special resonance among the Forum audience: “HIV and human rights. Access to Justice“. It was there that Anna Dovbakh, Executive Director of the Eurasian Harm Reduction Association, presented cases of violation of rights and freedoms collected by the REAct tool on behalf of the communities of the EECA region. The presentation “Access of people living with HIV, affected by TB and key populations to justice, including in context of armed conflicts and other emergencies” fully demonstrates the egregious situation in the region with legal mechanisms. According to the statistics that was managed to record for 2020-2022, in 5 countries of our region, only a small part of the recorded cases reach the court, and every third case is associated with violations of rights by law enforcement agencies.

“With my speech, I wanted to emphasize the special conditions in which our communities find themselves when faced with the legal system. And alas, they are not in our favor,” Anna says. “People do not want to go to court because they simply do not trust the state system. Self-stigma and discrimination also do not help to bring the matter to the end – it is easier for a person to remain silent than to defend his own by right.”

Among the main barriers to access to justice were:

● Particularly vulnerable position of women from risk groups. According to the World Health Organization, one in three women experience intimate partner violence. Women who use drugs are five to twenty-four times more likely to experience gender-based violence than women in general. Only 40 percent of women survivors of violence seek help and only 10 go to the police. Support services for women in situations of violence should take into account the experience of each woman, be accepting and non-discriminatory.

● Drug use as an aggravating factor – if a person from the community is under suspicion, often the authorities put pressure on him, blackmail, dictation, discrimination and falsification;

● Inefficiency of state-guaranteed legal aid – there are no lawyers or they are not at all interested in their case. Or they demand money for their services;

● Application of criminalizing laws – if a person knows that he can be sued for illness, sexual orientation, use of psychoactive substances, he will not go to court as a system to protect his rights, because he is sure the law is not on his side.

“And this is just the tip of the iceberg, because it turns out that REAct clients are the defendants, not the plaintiffs.” Anna adds. “What should be implemented in the near future? Definitely, the maximum introduction and expansion of assistance on the principle of “peer to peer”: documentation by paralegals of cases of human rights violations, analysis of systemic legal trends, development of an advocacy base, which will lead to improved access to medical and social services. I believe that raising awareness, decriminalizing HIV and reducing the risk level in criminal law will lead to building trust in the state bodies of our region on the part of our key groups.”

*Among the NGOs that participated in the study:

HIV Legal Network

ECOM

SWAN

EHRA

Access to justice in the EECA region for key communities presented at the 3rd EECA Judges’ Forum

Tags Discrimination, HIV, Human Rights, Stigma

Response stories

Transmission of HIV through blood transfusion

Post author By velyunsky
Post date November 18, 2022

Infection with HIV infection through the blood (parenteral route of transmission) occurs when infected blood enters the body – directly into the bloodstream, skin damage and mucous membranes, in contact with blood and other fluids, tissues and organs of the body.

The client turned to REACtor during her treatment in a specialized infectious diseases hospital. She said that in December was a car accident, where she received injuries that require surgery and a blood transfusion. After treatment and rehabilitation, the woman was discharged home. Six months later, her health began to deteriorate. The client went to the doctors, underwent medical examinations, but they did not give results. Then she was offered to take a blood test for HIV and as a result the test was positive. The woman was in shock – she is a married woman, has children, had no other relationship. When interviewed by an epidemiologist about whether she had any medical manipulations or operations, the client replied that she had an accident and received a blood transfusion. After that, the woman was registered and began her treatment.

The client received the necessary advice regarding her health and HIV treatment, further on the rights of PLHIV, consulted a psychologist and was referred to a lawyer. The lawyer, having studied the whole situation, offered to help draw up an application and file a lawsuit against the hospital in which the operation was made. But alas, the client refused, because she did not want anyone else to know about her HIV status and this would bring problems to her family and loved ones.

Original Source (in Russian)

Also read:

Dismissal due to criminal

Nurse disclosed client’s status

Tags HIV, Human Rights, Uzbekistan

News

Key achievements and future plans: REActors present their activities on a high-level event in Georgia

Post author By velyunsky
Post date November 8, 2022

On October 31, in Tbilisi the training “COVID-19 and monkey pox, infection management” was held by the National Center for Disease Control and Public Health, Georgia. Among other participants, event was attended by representatives of the REAct team of “Georgian Harm Reduction Network” (the main implementing partner, which works in partnership with 17 other nongovernmental organizations to provide a wide range of services to key populations, including legal services and services for women), as well as partner organizations “Equality Movement”, “Tanadgoma”, “Identoba”.

Besides the attention to the infection diseases and epidemics, the part of the training was dedicated to the REAct implementation in country. In particular, reports on the first half of 2022 and 2021 with the full data on total number of registered cases and its status, positively solved case numbers. So, in 2021, 633 peopleturned to REActors for help. 46% of them are sex workers.

Also, challenges that REactors face at this moment were named (by the end of 2021, they work in 7 cities: Kutaisi, Samtredia, Gori, Ozergeti, Batumi, Rustavi, Tbilisi), key achievements and future plans.

“Absolutely, the meeting was really important, to share the outcomes and results of the REAct implementation in Georgia, to discuss the ways with the community and partner organizations we collaborate with and how to fight against the issues that we face and integrate them into 2023 REAct action plan.” – said Gvantsa Chagunava, REAct Monitoring and Evaluation Manager, GHRN.

At the end of the training, social campaign to fight stigma and discrimination and short video on Project in Georgia were presented by the REActors team.

Nothing Personal, Just Prejudice: Complaint to Director of Clinic in North Macedonia

Post author By velyunsky
Post date November 3, 2022

Nothing personal, just certain prejudices

Nowadays, North Macedonia is a country with low prevalence and concentrated epidemic of HIV. However, the number of cases is increasing, the percentage of people, living with HIV who are aware of their status, is around 60 %, which is way below the goal set by the United Nations. There is still no research on stigma index, but if one is to evaluate the media reporting on the matter of HIV, we can conclude that there is a high level of stigma and discrimination as well. What to do if your status has been revealed and should you react or face it alone in silence?

Tittle-tattle with a social impact

A person employed in one of the university clinics in the country did an HIV test in the laboratory, where he got a positive result. The test result of the HIV test must be confirmed and assessed by a doctor, however very shortly after that, he realized that the information about his HIV status has been shared with most of his colleagues. It was spread around the clinic as a gossip and violated his right to privacy. What’s more, positive results from viral markers had already been entered into the medical system, although, according to Protocol until confirmatory tests were done at the University Clinic for Infectious Diseases and Febrile Conditions/Institute of Public Health, the results cannot be considered confirmed and no diagnosis must be entered in the patient’s medical record.

Flagrant violation of privacy

Some of his colleagues immediately changed their attitude towards him, openly letting him know that they no longer wanted to work with him, because they were afraid that he would transmit the virus to them somehow and that he was a danger. He faced rejection from certain colleagues, humiliation and avoidance. He was extremely surprised that as medical staff, his colleagues were not aware of the way of the HIV transmission. He immediately spoke openly with some of them and tried to explain that there is absolutely no way that it can be transmitted through air, touch, use on the same toilet, cutlery, equipment, etc. And that there really is no potential danger of them getting HIV just because they work in the same workplace, nor that there is any danger in relation to patients receiving health services from his side. His efforts were unsuccessful and certain colleagues continued to behave rudely and humiliatingly with the intention of forcing him to quit his job.

The patient’s rights were also violated in relation to the release of a professional secret, that is, even though he was an employee, he, as a patient, requested a health service: HIV testing within the Clinic, which violated his rights to health care and he faced discrimination as well. In his case, the results of the HIV test were shared with almost all of his colleagues, which is a flagrant violation of privacy and the duty of professional secrecy by the doctor who processed his HIV test data. And all this, because it is about the HIV (a type of health condition about which his colleagues apparently have no knowledge, only prejudices) they assumed that once he was HIV positive, he must be a homosexual as well.

Immediate REAction and positive outcome

The Association for the support of People Living with HIV “Stronger Together”, Skopje, heard about this case and decided to take a control on it. Its representatives prepared a letter, that was sent to the Director of the clinic, who was understanding and very professional. After, some of the colleagues were called to a meeting with him, where they were informed about all the aspects mentioned in the letter (rights of workers, the obligation of non-discrimination in the workspace and the modern aspects of the HIV, including the undetectability = untransmittable).

As a result of the letter and the director’s actions, after one month of returning to the work environment, the person reported no stigma and unequal treatment from colleagues and employers. The client still works in the university clinic.

Lawyer’s comments

1. Is a disclosure of status a crime in the North Macedonia? What punishment would people receive if the victim would go to the court?

– The Criminal Code does not contain a specific provision that would constitute disclosing an HIV-status a crime. However, depending on the person who have disclosed the status, that person can be charged for Abuse of personal data, pursuant to Article 149 of the Criminal Code, or Unauthorized disclosure of professional secret, pursuant to Article 150 of the Criminal Code. Depending on the circumstances and the crime, the punishment is either monetary, a prison sentence of one year or three years. The disclosure of personal data, specifically medical data, is also prohibited with the Law on protection of rights of patients.

2. What are restriction for people with HIV regarding professions regarding the North Macedonia legislation? Would this person be able to continue working in laboratory?

– There are no restrictions for people with HIV regarding professions in the Republic of North Macedonia. As a matter of fact, the Law on Labor Relations and the Law on Preventing and the Protection from Discrimination prohibits discrimination based on a person’s health condition. However, all candidates for work positions and employees must disclose health conditions that might prevent them or limit them in completing their work tasks. Although there are no cases so far regarding this provision and employees who are living with HIV, this provision might be misused by employers with respect to HIV-status of employees or potential employees. Notwithstanding that, it would be unproportioned invasion of privacy, and by default unlawful, for employers to use this provision and ask employees or future employees to disclose their status. Speaking about the continuation of work – yes, the client can continue working in the laboratory and still is.

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Letter to the Director of the Clinic

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