HIV/Aids Discriminatio

nDisciplina: Law and BioethicsDocente: Prof.Dra. Helena Pereira de Melo Discente: Ana Teresa Carvalho, nr 2071

From the start of the Aids epidemic, stigma and discrimination have fuelled the transmission of HIV and have greatly increased the negative impact associated with the epidemic

Viability and openness about AIDS are prerequisites of the successful mobilization of government, communities and individuals to respond to the epidemic.

Declaration of Commitment adopted by the United Nations General Assembly Special Session on HIV/AIDS, in June 2001

Confronting Stigma and discrimination is a prerequisite for effective prevention and care, and reaffirms that discrimination on the grounds of one´s HIV status is a violation of human rights

Main Concepts:

• Stigmatization Dynamic process of devaluation by which people living with HIV are discredit. It may affect both those infected or suspected of being infected by HIV and those affected by Aids by association.

Association of HIV with marginalized behaviours (sex, drug use, and homosexual and transgender sexual practice)

Connected with inequalities linked to gender, race and ethnicity

People living with HIV may themselves internalize the negative response and reactions of other = Isolation from society

Discrimination

(UNAIDS, in Protocol for Identification of Discrimination Against People Living with HIV)

“ Any form of arbitrary distinction, exclusion, or restrinction affecting a person, usually but not only by virtue of an inherent personal characteristic or perceived belonging to a particular group – i n the case of HIV and AIDS, a person´s confirmed or suspected HIV-positive-status – irrespective of whether or not

there is any justification for these measures”

It occurs in 2 levels: • a family and community settings ( eg:ostracization,denail of

traditional funeral rites) • institucional level, in particular, in work-places, health care services,

educational institutions.

Discrimination and Human Rights

Universal Declaration of Human Rights Prohibit discrimination based on race, colour, sex, language, religion , political or other opinion, property, birth or other status.

United Nations Commision on Human Rights has resolved that this term should be interpreted to include health status, including HIV/AIDS

In addition to being a violation of human rights in itself, discrimination directed at people living with HIV , leads to violation of other human rights such as: rights to health, dignity, privacy, equality ...

Violations of rights my worsen the impact of HIV, increasing vulnerability and hinder positive responses to the epidemic.

Ways of tackling AIDS related discrimination and stigma

States are responsible and acountable not only for the direct or indirect violation of rights, but also ensuring that individuals can realize their rights as fully as possible.

Actions that are necessary to eliminate this type of discrimination:

Implementation of programmes that deal with stigma at collective and community levels

Development and implementation of laws and policies to protect agains discriminations and protect the rights of people living with HIV

Resolution nº 49/1999 of United Comission on Human Rights enforce the state, ONG´S and others to fight against this discrimination due the adoption of this types of measures

Law in favour of equality and against HIV discrimination

Constituição da República Portuguesa Article13º

The non prevision of health status does not injure the protection of those who are descriminate because of an health condition, like AIDS.

Article 26º Legal Protection against all discriminatory practices

Article 64º Right to health protection

Law nº 46/2006, of August 28

Prohibits and punishes discrimination based on disability and the presence of increased health risk

Article 4º Lists what is considered discriminatory practices

Article 5º Discriminatory practices in the labor field.

Number 3 The exceptions require a legitime objective and a proportional requirement

Number 4 if you are not in front of an discriminatory practice the employer has to adopt appropriate measures to make sure that the work has access to a job.

Article 6º The burden of proof

Article 9º Sanctions

Most Afected Areas and there legislation against descrimination

Discrimination for HIV and the World of Work ILO- International Labour Organization

The IOL practical code determine that HIV / AIDS is a related workplace issue and should be approached like any other disease

Main Principle : Non –Discrimination The refusal of dismisal as a result of having HIV.

The employee occupies a subordinate position which makes him more vulnerable to discrimination

Main concern questions are related to :

Hire process Cessation of the employment contract

Portugal

Violation of Article 58º and 53º of CRP

Labour Code

Article 24º Right to equal opportunities and treatment in a job access, formation and career.

Article 25º Prohibition of Discrimination Number 2 Does not constitute discrimination a behavior based

on a discrimination factor that constitutes a justifiable and decisive requirement for the professional activity behavior

Article 17 º Protection of personal data

Article 19º Medical exams

Law nº 3// 2011, of February Prohibit any discrimination in the access and the exercise of independent work

Recomendation nº 200 of ILO

Point 10. “Real or perceived HIV status should not be a ground of discrimination preventing the recruitment or continued

employment, or the pursuit of equal opportunities consistent with the provisions of the Discrimination (Employment and Occupation.)

Convention, 1958”

Point 11 Real or perceived HIV status should not be a cause for termination of employment.

Point 14 Measures that should be taken in the workplace . E.g: ensuring actions to prevent and prohibit violence and harrassment in the workplace; ensuring te effective confidentiality of persoanal data, including medical data.

Point 25 and 26 Confidentiality of medical exams

Point 30 The working enviornment should be safe and healthy in order to prevent HIV in the workplace Occupational Safety and Health Convention, 1981.

Point 32 When there is a possibility of exposure to HIV ate work, workers should receive education and training on modes of transmission and measures to prevent exposure and infection

Point 33 “Awareness - raining measures should emphasize that HIV is not transmitted by casual physical contact and that the presence of a person living w ith HIV should not be considered a workplace hazard”

HIV and Insurance and mortgage loans field

Law nº 46/2006 , article 4º, number 1, al.c)

DL Nº 72/2008, April 16 Legal Regime of Insurance Contract

Article 15º Are prohibited discriminatory practices that violate the constitutional principle of equality, whether at the stage of celebration, execution or cessation of the insurance contract

Number 3: The exception

Article 177º, nº1 Exposes the possibility of the celebration of the insurance contract may be dependent on a statement on the state of health and medical examinations to be performed on the insured person aiming at the risk evaluation.

Recommendation 3/B/2008 of the Ombudsman, of March 10

“The rule remains the avoidance of insurance companies entering into life insurance contracts with people (...) with

special risks of life or aggravation of premiums to intolerable amounts “

On the Other hand....

ISP affirmed that the extent provided by law that sought to prevent discrimination regarding insurance were insufficient because the prohibition does not overstep the fundamentals of technical insurance

HIV and Women Discrimination

The discrimination on the grounds of one´s HIV status it´s connected with inequalities liked to gender. Men and women are often not dealt with in the same way when infected or believed to be infected by HIV

Council Ministers Resolution, nº 5/2011, of January 18

IV National Plan for Equality – Gender, Citizenship and Non-Discrimination Area 4 - Health

OMS – “"Inequalities between social groups in all areas and especially in health are politically, socially and economically unacceptable"

Campaing to encourage condom use

Will allow women greater control over their own sexual reproductive which will result in a decrease HIV transmission through sex, as in Vertical transmission of the virus from mother to child and life.

Important Declarations by ONUSIDA

Educate Girls – Fight AIDSEliminating Violence agains Women - AIDSEconomic Secrity for Women Fights AIDS

Statistics in Portugal

Cases of SIDA in men and women in the ages between 15- 24 years old, Portugal 1996 - 2007

Cases of Death by AIDS in Portugal , 1988 - 2005

Free distribution of Condom by the Health Ministery - Portugal 2006 - 2007

Final Ideas The fight against stigma and Discrimination on the ground´s

of one´s HIV positive it´s essencial to decrease the negative impact of the epidemic;

Necessary to stimulate a positive response from Society through Sensitization, knowledge and legislative measures;

Persons with HIV-related illness should not be denied the possibility of continuing to carry out their work.

It´s imperative to see AIDS has a question of public health! The states need to bet mainly in Prevention! People living with HIV/AIDS should be able to live their

lives without hiding and feeeling the support and care from their communities.

It´s all in our Hands!