HIV related legal services &monitoring and reforming laws, regulations and policies relating to HIV Moldova practice
Yerevan, Armenia 24-26.11.2014
Integration of human rights into national HIV response • A prioriatarian area/principle of NSP «Create a supporting environment through advocacy and communication companies, institutional development and promotion of human rights and equality».
• It correlates and supports the achievements of the two strategic objectives of the NSP, as a critical enabler for: 1) Reducing incidence among key populations 2) Reducing deaths • Costed and budgeted from external resources (Global Fund, UN) implemented thrugh a program managed by Institute of Human Rights from Moldova (IDOM) • HIV related legal services since 2010
HIV related legal services Services include: Legal information, referrals, juridical consultations
Strategic litigation
Trainings to health staff, jurists, social workers, PLWH
For PLHIV and key populations, including services integrated with OST and harm reduction services for PWID
RESULTS for HIV related services 250
218 193
200 178
175
150 129
Nr. cumulative consulted cases for litigation nr cases from prisons
100
50 29
21
20
21
23
2011
2012
2013
2014
0 2010
8 cases presented at European Court of Human Rights
Impact of strategic litigation on reforming laws (1) Case related to military certificate cancellation
• The decision of the court of appeal to admit the request for summons • Supreme Court of Justice rejected the request • The request submitted to European Court of Human Rights (art 8) • Request to Centre of Human Rights to make the appeal to Constitutional Court • Constitutional Court declared on 06.11.2012 the non consitutionality the provisions
Case related to cancelation of provisions to indicate the patient’s diagnose into the medical certificate
• The request was admitted by the Supreme Court of Justice . It cancelled the provisions (15.02.2012)
Case related to medical certificate • Court of Appeal from Balti granted 1000 MDL (the diagnose indicated under code B • Supreme Court of Justice granted 20000 MDL 20)
Impact: Changing the practice related to medical certifications completion. Canceling the Provision of MOH instructions related to the subject
Impact of strategic litigation on reforming laws (2) Case related to mandatory provision of residence permit to a foreign HIV+ person Result: Approved by the Supreme Court of Justice (22.12.2010) Impact: 1) Change of the actual practice related to the provision of the residence permit to a foreigner HIV positive 2) Modification of the Law related to HIV (art 2014) in 2012
Monitoring and reforming laws, regulations and policies relating to HIV (process)
A technical group on health and human rights created at the level of MOH to: • •
• •
Monitoring and reforming laws, regulations and policies relating to HIV (process)
• A modification and completion of Law nr 23 of 16 February 2007 on prevention of HIV/AIDS has been approved in the mid of 2012. The amendments to the Law nr 23 fully guarantee the right to privacy the right to non-discrimination and equality of people living with HIV/AIDS and the right of people living with HIV/AIDS to freedom of movement. • The antidiscrimination called the Law of Equal chances has been adopted by the parliament in 2012, which ensures the rights of people and tolerance towards the most vulnerable and stigmatised.
The world will be unable to achieve zero new HIV infections and zero AIDS-related deaths without achieving the third zero: eradicating discrimination by effectively addressing the harmful impact of stigma, social and legal exclusion, and gender inequality. �AIDS at 30. Nations at the crossroads�, UNAIDS, 2012