Info Change India

Info Change India - HIV/AIDS

Thu09212017

Last updateSat, 22 Jul 2017 6am

You are here: Home | HIV/AIDS | HIV AIDS | HIV & Human Rights

If the patients decide not to tell what can we do?

Partner notification is an important component of HIV counseling. However, counsellors are often frustrated by the reluctance of HIV-positive patients to voluntarily notify their sexual partners. Barnabas N Njozing, Kerstin E Edin, Miguel San Sebastian and Anna-Karin Hurtig report on interviews with TB/HIV counselors and legal professionals in Cameroon, to explore their perspectives regarding confidentiality and partner notification.

Read more...

HIV/AIDS Activism Reaches Beyond Health Issues

When the Delhi High Court ordered the decriminalisation of gay sex in July the credit went to HIV/AIDS activists seeking a better deal for those living with the virus.

Read more...

The power of community in advancing the right to health: A conversation with Anand Grover

Anand Grover was appointed by the UN Human Rights Council as Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. In this interview with Alec Irwin, co-managing editor of Health and Human Rights, Grover explains what the office involves

Read more...

Legalising gay existence: the Delhi High Court verdict

By ruling that Section 377 of the Indian Penal Code violates provisions of the Constitution, the Delhi High Court has taken the first step to legalise the existence of the gay community in India and specifically recognise that gay people have equal rights in accordance with the Constitution of India, says Vivek Raj Anand

Read more...

Women’s property rights and HIV & AIDS: evidence from India

Women’s limited ability to own property is a manifestation of gender inequity that has grave implications for them in the context of HIV/AIDS. Hema Swaminathan, Nandita Bhatla, and Swati Chakraborty present findings from a research study that locates women’s experiences of property conflicts within the larger context of being HIV-affected

Read more...

Seeking a more equal Bill

The law ministry’s changes to the draft HIV/AIDS Bill have been roundly criticised by lawyers, activists and networks of people with HIV/AIDS. It ignores people's views and dilutes principles of democratic governance, they said in a memorandum of protest submitted to the law minister. Ranjita Biswas looks at the issues involved

Read more...

Is the right to treatment legally enforceable?

Under the constitutionally guaranteed right to health, the Indian government has to do more to ensure that the most effective treatment is available to all HIV-positive people who need it, say Atiya Bose and Kajal Bhardwaj of the Lawyers Collective

Read more...

HIV and military recruitment

Making testing for HIV mandatory for military recruits, and denying HIV-positive persons jobs in the armed forces, could be open to constitutional challenge. Atiya Bose and Kajal Bhardwaj of the Lawyers Collective cite international cases where courts have ruled that rejection of applications to the military based solely on HIV status is discriminatory.

Read more...

Rights of children and young persons

The paternalistic approach to children and adolescents in India impacts adversely on the rights of young persons to receive accurate, scientific and timely information related to sex and sexual health, on their right to confidentiality and to make other decisions on their own. This needs to change, say Atiya Bose and Kajal Bhardwaj of the Lawyers’ Collective

Read more...

Legal issues that arise in the HIV context

Stigma and discrimination triggered by HIV and AIDS lead to significant human rights violations for persons living with HIV/AIDS. Atiya Bose and Kajal Bhardwaj of the Lawyers Collective look at how the Indian courts have handled these and other issues such as confidentiality and consent to testing

Read more...

Marginalised populations: outside the pale

It is difficult for preventive and harm reduction strategies to reach marginalised populations - who are often most at risk - because the law sees them as criminals. Atiya Bose and Kajal Bhardwaj of the Lawyers Collective argue for a change in such laws regarding MSM, sex workers and injecting drug users

Read more...

Wanted: A special law on HIV

Atiya Bose and Kajal Bhardwaj of the Lawyers Collective explain why a specific statute to address HIV/AIDS - its prevention, its treatment, and the manner in which we respond to the people most affected by it - is necessary. The HIV/AIDS Bill 2007, that is to be presented to Parliament, covers all these aspects

Read more...

Liability for transmission

It is an offence under the Indian Penal Code to knowingly transmit the HIV virus. But greater clarity is required to determine that criminal sanctions are warranted and to specify the cases in which they may be imposed, say Atiya Bose and Kajal Bhardwaj of the Lawyers Collective

Read more...

Gender inequities

Women, who have little ability to negotiate a safe and healthy life for themselves are more disadvantaged than men when it comes to HIV infection, and the law does little to protect them. Atiya Bose and Kajal Bhardwaj of the Lawyers Collective explain

Read more...

In the absence of a law, how do the courts decide?

Protecting the rights of those affected and most vulnerable to HIV will create an environment in which stigma, violence and inequity will be lessened, thereby bringing the disease into the open and making it easier to treat and control. In India there is no law or statute that specifically addresses the issues that are raised in the HIV context. Both appellants and the judiciary make their complaints, decisions and rulings by extrapolation from a variety of law sources. Atiya Bose and Kajal Bhardwaj of the Lawyers Collective detail these sources of law

Read more...