Human Rights for AIDS Patients
Dr. Tanmoy Mukherjee
Advocate.
Human Rights for AIDS Patients-
Tanmoy Mukherjee
Advocate
HIV/AIDS Patients are among the most vulnerable and stigmatized groups in society. Discrimination in employment, healthcare, education, housing and social life directly affects their right to life and dignity. Human Rights Laws seeks to ensure equality, privacy, non-discrimination and access to healthcare for persons living with HIV/AIDS (PLHIV).
In India, the rights of HIV/AIDS Patients protected through-
→Constitution of India
→Judicial Pronouncements
→HIV & AIDS (Prevention & Control) Act, 2017
→International Human Rights Instruments.
1. Constitutional Framework for Protecting HIV/AIDS Patients in India-
HIV+ persons enjoy fundamental Rights under the Constitution.
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Rights
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Provisions
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Application to HIV/AIDS Patients
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Right to life and dignity
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Art 21
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Cannot be denied healthcare, privacy or dignity due to health status.
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Right to Equality
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Art 14
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Arbitrary discrimination based on HIV status is unconstitutional.
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Non-Discrimination
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Art 15
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Discrimination due to disease status is prohibited.
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Right to Profession
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Art 19(1)g
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HIV status cannot be a ground to deny profession without reasonable basis.
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Equal opportunity in employment
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Article 16
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Equality in public employment
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2. International Human Rights Instruments-
-At the international level, HIV/AIDS is treated not merely as a health issue but as a human rights issue.
-Discrimination, stigma, denial of healthcare, breach of confidentiality, and exclusion from employment violate core human right principles recognized under International Law.
Universal Declaration of Human Rights (UDHR)
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Right
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Articles
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Provisions
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Relevancy
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Equality and dignity
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Art 1
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All human beings are born free and equal in dignity and rights.
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HIV/AIDS patients must be treated with dignity and respect.
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Non-discrimination
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Art 2
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Rights apply without distinctions of any kind.
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Discrimination on the basis of health status (HIV/AIDS) is prohibited.
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Right to life
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Art 3
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Everyone has the right to life, liberty and the security of person.
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Denial of medical care to HIV patients threatens the Right to Life.
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Equality before law
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Art 7
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All are equal before the law and are entitled without any discrimination to equal protection of the law.
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Equal legal protection against discrimination faced by PLHIV.
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Right to Privacy
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Art 12
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No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.
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Unauthorized disclosure of HIV status violates privacy. |
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Right to health and well-being |
Art 25 |
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.
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Right to medical care, social security and standard of living.
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International Covenant on Civil and Political Rights, 1966 (ICCPR)
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Right
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Article
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Relevancy
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Equality & non-discrimination
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Art 2 & Art 26
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Status must ensure right without discrimination based on health.
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Right to life
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Art 6
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Obligation to ensure access to life-saving treatment
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Right to privacy
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Art 17
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→Protection against unlawful interference with privacy. →HIV status is sensitive personal information.
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Protection from inhuman treatment
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Art 7
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Forced HIV testing, denial of care and isolation may amount to degrading treatment.
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International Covenant on Economic, Social and Cultural Rights, 1966, (ICESCR)-
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Right
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Article
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Relevancy
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Right to health
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Art 12
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→Prevention, treatment & control of diseases. → Access to medical services. →Free or affordable life-saving treatment. →Non-discriminatory health care services. |
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Right to work
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Art 6
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No discrimination in employment due to HIV status.
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Right to social security
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Art 9
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Welfare schemes for HIV affected persons.
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Convention on the Elimination of All forms of Discrimination against Women (CEDAW); 1979-
HIV affects women disproportionately, especially due to-
→Gender inequality
→Lack of reproductive autonomy
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Right
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Article
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Relevancy
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Health care
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Art 12
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Equal access to health care including reproductive health services.
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General Recommendation No. 15 (1990)-
Convention on the Rights of the Child (CRC), 1989-
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Right
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Article
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Relevancy
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Non-discrimination
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Art 2
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HIV positive children must not be excluded from schools or services.
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Best interest of the child
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Art 3
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All decisions involving HIV+ children must prioritize welfare.
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Right to health
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Art 24
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Access to medical care, life-saving treatment, nutrition, and counseling.
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Right to privacy
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Art 16
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Confidentiality of HIV status of children.
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UN Declaration on Commitment on HIV/AIDS, 2001-
Adopted by UN General Assembly
-Recognizes Human Rights violations as a major cause of HIV spread.
UNAIDS International Guidelines on HIV/AIDS and Human Rights (1996)-
HIV & AIDS (Prevention & Control) Act, 2017 -
This is the primary statutory protection for people living with HIV (PLHIV) in India.
Role of Judiciary-
HIV/AIDS Patients are entitled to full protection of Human Rights. Indian Courts have consistently upheld their dignity, privacy, equality and right to health care.
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