Laws Protecting Human Rights of Those With HIV/AIDS Lacking in Most of World

There is a "nearly total absence" of laws protecting the human rights of those with HIV/AIDS in developing countries, and such legislation remains a "low priority" for many lawmakers worldwide, according to a study appearing in the Oct. 1 issue of the Journal of Acquired Immune Deficiency Syndromes. Reuters Health reports that 21 of the 121 countries surveyed -- which represent only 16% of the world's population -- have "specific" laws to protect those with HIV from social discrimination (Veazey, Reuters Health, 10/29). Researchers led by Dr. Raffaele D'Amelio of the University of Rome consulted the World Health Organization Directory of Legal Instruments Dealing with HIV Infection and AIDS and two worldwide surveys that examined HIV testing in the military to conduct their analysis. The survey covered 121 of the 191 WHO member nations. Other study findings are listed below:

AIDS is a notifiable disease in 60% of the countries surveyed and HIV is notifiable in "no more than" 26%; names are kept confidential by law in 20% of the countries surveyed;
17% of the countries surveyed have "HIV-specific" legislation outlawing social discrimination against those with the virus, while 10% have laws that set up a system for reimbursing those who acquired HIV from contaminated blood products;
27% of the 121 countries have legislative measures that address " vulnerable groups" such as sex workers, men who have sex with men and injection drug users;
7% of countries surveyed have legislation regarding HIV testing of pregnant women, 11% have legal measures supporting condom promotion and 10% impose legal penalties for those who knowingly expose others to HIV;
People with HIV/AIDS can be legally quarantined or "coercive[ly]" hospitalized in 9% of the 121 countries studied;
27 of the 121 countries require military personnel to be tested for HIV;
Only 42% of the 121 countries mandate that donated blood be screened for HIV;
39% of the countries studied have established national AIDS committees responsible for addressing HIV/AIDS-related issues.

The findings "represent a useful tool to make governments aware of the problem of underreporting of legal instruments to the WHO and of the need to promote legislation in line with the idea that public health and human rights are complementary, not conflicting, goals," the authors conclude (D'Amelio et al., Journal of Acquired Immune Deficiency Syndromes, 10/1). They encourage voluntary testing and early treatment as a means of preventing further spread of the disease, stating that mandatory testing -- which both WHO and UNAIDS are against -- "infringes on human rights." Dr. Anne-Valerie Kaninda, a medical adviser for Medecins Sans Frontieres in New York, said that the findings are important because there is "so much social stigma associated with the disease that [people with HIV/AIDS] need protection." She added that in her organization's experience, offering treatment encourages people to voluntarily get tested (Reuters Health, 10/29). This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.

Laws Protecting Human Rights of Those With HIV/AIDS Lacking in Most of World

More From KFF Health News