Social Justice

KEY POINTS

·         To end discrimination – The Bill lists the various grounds on which discrimination against HIV positive persons and those living with them are prohibited.

·         These include the denial, termination, discontinuation or unfair treatment with regard to: employment, educational establishments, health care services, residing or renting property, standing for public or private office, and provision of insurance.

·         The requirement for HIV testing as a pre-requisite for obtaining employment or accessing health care or education is also prohibited.

·         Every HIV infected or affected person below the age of 18 years has the right to reside in a shared household and enjoy the facilities of the household.

·         It also prohibits any individual from publishing information or advocating feelings of hatred against HIV positive persons and those living with them.

·         To strengthen rights – The act requires that no HIV test, medical treatment, or research will be conducted on a person without his informed consent.

·         No person shall be compelled to disclose his HIV status except with his informed consent, and if required by a court order.

·         An ombudsman shall be appointed by each state government to inquire into complaints related to the violation of the Act and the provision of health care services.

·         The state and Centre must make diagnostic facilities, anti-retroviral therapy and opportunistic infection management available to all HIV-infected people, and ensure wide dissemination of the same.

Limitations

·         The biggest concern is that the Act requires the State to provide diagnostics and treatment for HIV ‘as far as possible’.

·         This dilutes state responsibility, and is contrary to the rights-based spirit of the Act.

·         Also, the Act does not clearly define the functions and powers of ombudsman and complaints officers.

Please review

Kindly review.thanks

Please review