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Croatia HIV/AIDS and Human Rights. Legislation Analysis.

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Presentation on theme: "Croatia HIV/AIDS and Human Rights. Legislation Analysis."— Presentation transcript:

1 Croatia HIV/AIDS and Human Rights

2 Legislation Analysis

3 Legislation Analysis (1) In the battle against HIV/AIDS, protection of human rights is as important as the protection of public health. Correlation and interdependence between human rights and public health influence our approach to the fight against the epidemic. Established a team of 4 law professionals, including a NGO activist Analysed international documents, national acts as well as many ordinances, regulations and decisions National AIDS Commission comments included (2 rounds)

4 Legislation Analysis (2) List of international documents: Universal Declaration of Human Rights (GA Resolution 217 A (III) of December 10, 1948) International Pact on Civil and Political Rights European Convention for Protection of Human Rights and Fundamental Freedoms from 1950 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data Convention of Human Rights and Biomedicine Convention on the Rights of the Child (GA Resolution 44/25 of November 20, 1989) Declaration of Commitment on HIV/AIDS (GA Resolution S-26/2 of June 27, 2001) HIV/AIDS and Human Rights International Guidelines (Office of the UN High Commissioner for Human Rights and the Joint UN Programme on HIV/AIDS, HR/PUB/98.) UNAIDS/WHO Policy Statement on HIV Testing ILO Code of Practice on HIV/AIDS and the World of Work (ILO, 2001)

5 Legislation Analysis (3) Conclusions: 1. Adoption of anti-discrimination law for disabled persons 2. Amendments of the existing legal acts and by- laws where they are discriminatory towards people living with HIV 2. Amendments of the existing legal acts and by- laws where they are discriminatory towards people living with HIV 3. Protection of rights of vulnerable groups (women, children, injecting drug users, homosexual men) 3. Protection of rights of vulnerable groups (women, children, injecting drug users, homosexual men) 4. Handbook on the rights of people living with HIV 4. Handbook on the rights of people living with HIV 5. Trainings for experts 5. Trainings for experts

6 Legislation Analysis (4) Adoption of anti-discrimination law for disabled persons refer to all persons with disabilities including people living refer to all persons with disabilities including people living with HIV and non-HIV positive people who are thought to be HIV positive as well as family members and persons who get in contact with the above mentioned persons an interdisciplinary and interdepartmental body consisting of experts from various legal fields an interdisciplinary and interdepartmental body consisting of experts from various legal fields education programmes should be conducted to inform the public and experts education programmes should be conducted to inform the public and experts

7 Legislation Analysis (5) Amendments of the existing legal acts and by-laws where they are discriminatory towards people living with HIV Amendments of the existing legal acts and by-laws where they are discriminatory towards people living with HIV an interdisciplinary legislative commission an interdisciplinary legislative commission free legal assistance free legal assistance

8 Legislation Analysis (6) Protection of rights of vulnerable groups (women, children, injecting drug users, homosexual men) Protection of rights of vulnerable groups (women, children, injecting drug users, homosexual men) protection of women against sexual violence and all kinds of abuse introduction of sexual education in schools introduction of sexual education in schools children should be guaranteed to receive information on different ways of avoiding infection; testing of children upon their consent should be introduced children should be guaranteed to receive information on different ways of avoiding infection; testing of children upon their consent should be introduced issue of desirability of legalization of sex work and decriminalization of drugs issue of desirability of legalization of sex work and decriminalization of drugs

9 Legislation Analysis (7) Handbook on the rights of people living with HIV Handbook on the rights of people living with HIV people living with HIV with the purpose to inform them better and facilitate exercising of their rights experts- with the purpose of better understanding of the disease, thus decreasing risks from discriminatory practices and attitudes towards people living with HIV

10 HIV and judicial systems (1) - ‘a huge disproportion between reality and what the law is in theory’ - Low levels of trust in and use of legal services to protect rights - Majority of countries do not have voluntary sector engaging effectively with the legal system - Few countries have HIV training for lawyers, judges and court staff - Majority of countries say PLWH’s knowledge of their rights is low

11 HIV and judicial systems (2) General info on EU & discrimination: http://ec.europa.eu/employment_social/fundam ental_rights/index_en.htm http://ec.europa.eu/employment_social/fundam ental_rights/index_en.htm http://ec.europa.eu/employment_social/fundam ental_rights/index_en.htm http://ec.europa.eu/employment_social/fundam ental_rights/index_en.htm Detailed legal info on national laws on discrimination: http://ec.europa.eu/employment_social/fundam ental_rights/policy/aneval/legnet_en.htm http://ec.europa.eu/employment_social/fundam ental_rights/policy/aneval/legnet_en.htm http://ec.europa.eu/employment_social/fundam ental_rights/policy/aneval/legnet_en.htm http://ec.europa.eu/employment_social/fundam ental_rights/policy/aneval/legnet_en.htm

12 Media de-stigmatization strategy STRENGTHENING THE PARTNERSHIP FOR DEVELOPMENT OF NATIONAL DESTIGMATIZATION STRATEGY Recommendations for media treatment of people living with HIV in the Republic of Croatia INFORMED CONSENT FORM FOR THE MEDIA INFORMED CONSENT FORM FOR THE MEDIA CRITERIA FOR ANNUAL AWARD TO JOURNALISTS FOR RECOGNITION OF PEOPLE LIVING WITH HIV CRITERIA FOR ANNUAL AWARD TO JOURNALISTS FOR RECOGNITION OF PEOPLE LIVING WITH HIV MODE OF EDUCATION OF JOURNALISTS AND EDITORS ON TREATMENT OF PEOPLE LIVING WITH HIV MODE OF EDUCATION OF JOURNALISTS AND EDITORS ON TREATMENT OF PEOPLE LIVING WITH HIV

13 W hen is it legitimate to make public the information on a person’s private life in order to fulfil the interest of audiences? At which point does the public interest clash with violation of a person’s right to privacy? -PRIVACY, FREEDOM OF SPEECH AND ETHICAL QUESTIONS IN JOURNALISM -USE OF DESTIGMATIZING LANGUAGE -ANALYSIS OF CASES IN CROATIA -MEDIA AND HIV/AIDS IN EUROPEAN LEGISLATION -MEDIA AND HIV/AIDS IN CROATIAN LEGISLATION -Criminal Liability of Journalists and Editors with regard to protection of the right to privacy -Criminal liability of media as legal persons Media de-stigmatization strategy


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