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Hot topics
HIV and the Law
Microbicides
Disability Discrimination Act (DDA) and HIV
HIV and the Law
There has been a lot in the press lately on prosecutions for the transmission of HIV. PW are monitoring the current situation.
PW avoids using the term criminalisation of HIV transmission. We feel that the very language currently used already places the onus and responsibility on the HIV positive person, before they have been 'proven' guilty.
If you are interested in getting more involved in the debate a series of seminars are planned for 2006. See our PW news page for further details.
PW's Winter issue of the newsletter is dedicated to HIV and the law to get your issue contact Anjie Mailey on 020 7713 0444 or see online information on how to subscribe.
To keep up-to-date on the subject:
UNAIDS: Criminal Law, Public Health and HIV Transmission
THT/Global Network of People Living with HIV: Criminalisation
of HIV Transmission in Europe
NAM: Prosecutions for HIV exposure and transmission on the rise
throughout Europe
Court of Appeal Judgement R v Dica
Court of Appeal Judgement R v Konzani
NAT Criminalisation of HIV Transmission NAT Policy Update
Sigma Research: Grievous harm? Use of the Offences against the
Peron Art 1861 for Sexual Transmission of HIV
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Microbicides
What are Microbicides?
The word "microbicides" refers to a range of different products that share one common characteristic: the ability to prevent the sexual transmission of HIV and other sexually transmitted diseases (STDs) when applied topically.
A microbicide could be produced in many forms, including gels, creams, suppositories, films, or as a sponge or ring that releases the active ingredient over time.
No safe and effective microbicide is currently available to the public. Tests are still underway but a microbicide could be available in five to seven years.
Why do PW back the Global Campaign for Microbicides?
Many women do not have the social or economic power necessary to insist on using condoms or fidelity, or to abandon partnerships that put them at risk. Because microbicides would not require a partner's co-operation, they would put the power to protect into women's hand.
PW supports initiatives to extend the range of protected sex methods which put power in women's hands and extends equality in sexual relationships.
PW want to ensure that reproductive rights are high on the agenda. In advocating for microbicides we think it is vital to address:
- Gender inequalities
- The lack of research using women, especially around HIV treatments
- The social implications of involvement of women in microbicide research
PW's work advocating for microbicides includes:
- Informing and updating people living with HIV
- Informing the debate and development of microbicides
- Promoting investment in microbicide development
How can women living with HIV in the UK become more involved?
- Learn more about microbicides and share your knowledge
- Ensure your communities understand the importance of being involved as part of managing their lives with HIV
- Be aware of who you can/should lobby and how
What is the Global Campaign for Microbicides?
The Global Campaign for Microbicides is a broad-based, international effort to increase access to HIV and STD prevention technologies other than male condoms.
It is doing this by building support among policymakers, opinion leaders and the general public for increased private and public sector investment into microbicides - product s that women and men could use vaginally or rectally to protect themselves and their partners from HIV and other sexually transmitted infections.
The goals of the Campaign are to:
- Raise awareness about STDs and HIV and educate the public, donors and policymakers about microbicides as a promising new prevention technology
- Advocate for increased public sector investment in microbicide research and to mobilize private wealth in support of the microbicide cause
- Ensure that as science proceeds, the public interest is protected and women's needs and perspectives are integrated into all phases of microbicide research, development and introduction
For more information, please see the Global Campaign for
Microbicides.
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Disability Discrimination Act (DDA) and HIV
What is the DDA?
The DDA or Disability Discrimination Act is a law that aims to end the discrimination and prejudice which many disabled people and people with long-term conditions face in their everyday lives. This includes people living with HIV.
It makes it unlawful to discriminate against HIV positive people in:
- Employment or Occupation
- Trades Unions and Qualifications bodies
- Accessing goods and services
- The management, Buying, renting of land or property
- Education
From 5 December 2005 people living with HIV, regardless of whether they are symptomatic or not, are now legally recognised by the DDA. This protects HIV positive people against unfair treatment in the workplace, education, housing and accessing services from the point of diagnosis.
The DDA has nothing to do with Disability Living Allowance or benefits provided by the Department for Work and Pensions.
What the act means for people living with HIV at work:
The act protects against unfavourable treatment and direct discrimination where this is related to disability or condition, in this case HIV.
HIV positive people now have the right to reasonable adjustments to practices and premises if these place you at a substantial disadvantage.
Additionally, if a colleague supports a disability discrimination case they are also protected against victimisation.
What the act means for people living with HIV in education:
It is now unlawful for schools, colleges and universities to treat people living with HIV less favourably than others because of the disability or condition.
There are new rights to certain types of reasonable adjustments to provision where you might otherwise be substantially disadvantaged.
There are particular rules about when an education provider is discriminating if they do not know that a person is covered by the DDA. In 2006, there will be further changes to discrimination in post-16 education
What are reasonable adjustments?
Reasonable adjustments are arrangements put in place and agreed by an employer or education provider and the person asking for them. They are put in place to ensure that people living with HIV are not put at an unfair disadvantage solely due to the disability.
An example of a reasonable adjustment for someone living with HIV and working could be a couple of hours off in the day to attend hospital appointments, or access to a fridge if you need to store medication, or an employer providing a ramp to their building if is has stairs for someone who is in a wheelchair.
The law judges reasonable adjustments in terms of the resources that the organisation has. If someone works for a large multi-national organisation, the law would be expected to do more in the way of reasonable adjustments than, a local independently owned shop.
To request reasonable adjustments under the DDA people living with HIV have to disclose their status to their employer. An employer is not expected to provide adjustments if they are not aware of the condition.
People living with HIV have three options:
- Disclose their status and request the reasonable adjustments.
- Disclose their status so employers are fully aware should they need the adjustments in the future.
- Do nothing. People living with HIV are not legally obliged to tell an employer about their status.
Disclosing HIV Status at work or in education
If you are a woman living with HIV and you wish to disclose to your employer or education facility, then Positively Women can help and support you in doing this.
If you choose to disclose, we hope that the organisation you disclose to will be understanding, respect your confidentiality, and provide the adjustments needed for you to continue.
However, we are aware that not all people understand the issues around living with HIV and myths about HIV are still rife.
If you are not happy with the outcome of a complaint you have made, there should be an appeal procedure, and you might have to go through this procedure. The majority of complaints are resolved before this stage. In some cases however, this is not always the case and you may need Legal Advice. At this point, it might be necessary to find legal representation.
Please be aware that this information is for general advice only, and should not be used as an alternative to seeking professional help and advice. Please also see PW’s disclaimer.
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