[REPORT] UNDP Publishes Study Highlighting Weaknesses in Legal Protections for PLHIV in Asia and the Pacific

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149713-HIV-2013-legal-protections-against-hiv-related-human-rights-violations.pngIn its recently released follow-up study to the report on the Global Commission on HIV and the Law: Risks, Rights and Health (July 2012), the UNDP finds that HIV-related anti-discrimination laws and their enforcement are failing to provide adequate human rights protection for people living with HIV (PLHIV)  in the Asia-Pacific region. The report, titled Legal protections against HIV-related human rights violations: Experiences and lessons learned from national HIV laws in Asia and the Pacific, surveys laws in the Asia-Pacific region meant to provide legal protections for people living with HIV/AIDS and, the gap between these laws and their enforcement. According to Shiba Phurailatpam, Regional Coordinator of the Asia-Pacific Network of People Living with HIV and AIDS (APN+), who is quoted in the press release: “The report’s findings demonstrate the urgent need for practical measures to be taken to ensure people who experience violations can access the legal system to claim their rights.” He urged governments and donors in the region “to help strengthen access to justice and legal empowerment among people living with HIV.”

The UNDP’s recommendations emphasize the need for legal reform and capacity development to expand access to justice for PLHIV and other key populations, as well as greater investment from international stakeholders. The UNDP urges donors such as the Global Fund to “support government and civil society programming on HIV-related human rights, including access to justice programmes.”

Asia Catalyst’s Advocacy Program Director, Shen Tingting, recently joined the Developing Country NGO Delegation to the Global Fund Board; her involvement will provide a direct channel for advocacy on these issues with the Global Fund.   If you have suggestions or ideas, feel free to contact her at info@asiacatalyst.org.  For more information on the UNDP’s findings and the full report click on the links below.

Click here to for the UNDP press release.

Click here for the full report: Legal protections against HIV-related human rights violations: Experiences and lessons learned from national HIV laws in Asia and the Pacific.

[NEWS] Guangdong Province Ends Mandatory HIV Testing for Teaching Candidates

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By Mikaela Chase

Guangdong Province appears likely to be the first province in China to end mandatory HIV testing for prospective teachers. Currently, teaching candidates must take an HIV test as part of the required physical examination for teachers. Those who test positive for HIV/AIDS are effectively disqualified and banned from working in the education sector. On May 27, the Guangzhou provincial education department made public their revised health standards; as of September 1, people living with HIV/AIDS (PLWHA) will be able to work as teachers (along with other previously excluded groups, including applicants with physical disabilities). The issue of employment discrimination against PLWHA in China received international attention this January, when the Nanjing-based nonprofit Justice for All obtained compensation for the plaintiff in the first ever successful AIDS employment lawsuit.

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[REPORT] UNAIDS Releases 2013 Guidance Note on Overly Broad Criminalization of HIV Non-Disclosure, Exposure, and Transmission

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On May 28th, the Joint United Nations Programme on HIV/AIDS (UNAIDS) released their updated guidance titled Ending overly broad criminalization of HIV non-disclosure, exposure and transmission: Critical scientific, medical and legal considerations. The paper is a follow-up to their 2008 policy brief and details the results of two years of research, evidence-building, and policy dialogue. Key principles and considerations were outlined on the HIV Justice Network website upon release of the guidance. The paper advocates for ending overly broad HIV criminalization by ensuring that legal and judicial fairness are upheld, protecting the human rights of PLWHA involved in criminal cases, and expanding implementation of public health objectives over criminal prosecution wherever possible, using the best available scientific and medical evidence.

Click here for a PDF of the full report.

 

[NEWS] China’s First Lawsuit against HIV-related Privacy Infringement

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Source: China AIDS Email Group

According to the Chinese NGO Zhengzhou City He’rbutong (郑州和而不同), which runs the Aibo Legal Hotline, a district-level court in Wuhan, Hubei Province, has accepted the first case of privacy rights infringement brought forward by a person living with HIV/AIDS. 

The case of 28 year-old plaintiff, Xiao Su, was formally accepted on April 16, 2012. Xiao Su alleges that after renting out an apartment, he was blackmailed by his tenant, Peng, over Xiao Su’s status as a person living with HIV/AIDS, or PLWHA Xiao Su’s court case alleges significant impacts on his personal life after being exposed as a PLWHA in the local community. Xiao Su filed this case with the Han Yang District People’s Court, Wuhan City, Hubei Province, to stop the infringement of his private property and privacy rights. He has demanded an apology and CNY 10,000 RMB [approximately US $1,590] in compensation for psychological damages.

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[COMMENTARY] Will China’s New Code of Conduct Protect Hospital Patients?

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Wish tree at the International AIDS Conference in Vienna

By Mike Frick

Last week, China’s Ministry of Health released a draft “Code of Conduct for Medical Practitioners” for public review and comment. The document lays out a code of conduct for hospital administrators, doctors, nurses and other medical personnel. According to the ILO, many Chinese hospitals refuse to treat patients with HIV/AIDS – so there is definitely a need for new policies. We reviewed the draft code within Asia Catalyst and found some areas of progress, as well as some areas where the standards need a lot more work.

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