;JP;DEB;
\nANPAa..r..
\nAIDS-discrimination-court
\nCourt possible for discrimination against HIV positive
\nJP\/2\/AIDS<\/p>\n
Courts an avenue for people with HIV\/AIDS
\nto protest against discrimination<\/p>\n
Debbie A. Lubis
\nThe Jakarta Post
\nJakarta<\/p>\n
As the country enters the fifteenth year since the first case
\nof AIDS was identified, stigma and discrimination have become the
\nmost formidable and pervasive barriers to people living with
\nHIV\/AIDS who wish to live a normal life.<\/p>\n
Such treatment, however, has yet to be brought to the courts,
\nalthough existing rulings provide protection for people living
\nwith HIV\/AIDS, known by the Indonesian acronym as ODHA, a noted
\nlawyer said.<\/p>\n
Lawyer Todung Mulya Lubis said that ODHA could address the
\nstigma and discrimination against them through the courts because
\nof the threat to their life through exclusion from health care
\nservices, employment, educational opportunities and social life.<\/p>\n
\"HIV infected people should not spend the rest of their life
\nin an atmosphere of misunderstanding, fear and hatred .., he
\nsaid.<\/p>\n
\"Stigma and discrimination increase the vulnerability of
\npeople living with HIV\/AIDS and, isolating and depriving them of
\ntreatment, care and support, will worsen the impact of
\ninfection,\" Zubairi Djoerban, chairman of Indonesian AIDS Society
\nsaid.<\/p>\n
Both were speaking at a gathering of AIDS activists on
\nSaturday titled: Legal Aspects of Discrimination Against HIV
\n-infected People, in conjunction with the commemoration of World
\nAIDS Day which fell on Sunday.<\/p>\n
World AIDS Day this year carries the slogan: Live and let
\nlive, aimed at spurring worldwide efforts to remove the barriers
\nof stigma and discrimination.<\/p>\n
There are an estimated 120,000 people infected with the virus
\nacross the country.<\/p>\n
Recent surveys conducted by Pelita Ilmu Foundation and
\nSpiritia Foundation have shown that ODHA are discriminated
\nagainst by health professionals, hospitals, religious and
\ncommunity leaders, companies, families, the media, government
\nofficials, and even non-governmental organizations.<\/p>\n
This manifests in the form of the lack of health care
\nservices, identity and medical record disclosure, alienation,
\nisolation, mockery, dismissal, and a ban from working overseas.<\/p>\n
Todung said that ODHA could bring such cases to court based on
\narticles in the 1945 Constitution, the Criminal Code (KUHP),
\nCivil Code (KUH Perdata), and the law on health which guarantees
\nthe rights of all people, regardless of their HIV status.<\/p>\n
He said that the refusal by hospitals or health professionals
\nto treat ODHA violated Article 304 of KUHP, which states that
\nanyone who prevents someone from leading a life of dignity, or
\nrefuses to provide treatment and care for a person in suffering
\nmay be prosecuted.<\/p>\n
Such violations carry a prison term of between seven and nine
\nyears if they cause loss or severe injury.<\/p>\n
Meanwhile, media, laboratory and health workers, or the
\ngeneral public who intentionally reveal the identity of ODHA to
\ndamage their reputation could face a nine-month jail term, based
\non Article 310 of KUHP.<\/p>\n
If the publication is made in the form of a written disclosure
\nor photograph, they may be sentenced to one-and-a-half years in
\nprison.<\/p>\n
According to Todung, confidentiality of medical records is
\nalso guaranteed in Article 322 of KUHP.<\/p>\n
He added that ODHA who were laid off from their workplaces,
\nrefused treatment by hospitals and health workers, and isolated
\nin the educational community just because of their HIV status
\ncould bring their case to court based on Article 1365 of KUH
\nPerdata and demand financial compensation.<\/p>\n
\"Bringing cases of stigma and discrimination to the courts is
\na litigation strategy to build public opinion and to create an
\nattitude that does not discriminate against people living with
\nHIV\/AIDS,\" Todung said.<\/p>\n
Todung, however, called on people not to view the HIV\/AIDS
\nepidemic as a legal or a health matter but a problem of national
\ndevelopment that required a comprehensive approach.<\/p>\n
Housewives -- Page 4<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/jpdeb-1447899208", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }