CroatiaCroatia

HIV/AIDS and Human RightsHIV/AIDS and Human Rights

Legislation AnalysisLegislation Analysis

Legislation Analysis (1)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)

Legislation Analysis (2)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)

Legislation Analysis (3)Legislation Analysis (3)

Conclusions:

1. Adoption of anti-discrimination law for disabled persons

2. Amendments of the existing legal acts and by-2. Amendments of the existing legal acts and by-laws where they are discriminatory towards people laws where they are discriminatory towards people living with HIVliving with HIV

3. Protection of rights of vulnerable groups (women, 3. Protection of rights of vulnerable groups (women, children, injecting drug users, homosexual men) children, injecting drug users, homosexual men)

4. Handbook on the rights of people living with HIV4. Handbook on the rights of people living with HIV 5. Trainings for experts5. Trainings for experts

Legislation Analysis (4)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 with HIV and non-HIV positive people who are thought to be

HIV positive as well as family members and persons who getHIV positive as well as family members and persons who get

in contact with the above mentioned personsin contact with the above mentioned persons an interdisciplinary and interdepartmental body consisting of an interdisciplinary and interdepartmental body consisting of

experts from various legal fields experts from various legal fields education programmes should be conducted to inform the education programmes should be conducted to inform the

public and expertspublic and experts

Legislation Analysis (5)Legislation Analysis (5)

Amendments of the existing legal acts and Amendments of the existing legal acts and by-laws where they are discriminatory by-laws where they are discriminatory towards people living with HIVtowards people living with HIV

an interdisciplinary legislative commissionan interdisciplinary legislative commission free legal assistancefree legal assistance

Legislation Analysis (6)Legislation Analysis (6)

Protection of rights of vulnerable Protection of rights of vulnerable groups (women, children, injecting groups (women, children, injecting drug users, homosexual men)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 children should be guaranteed to receive information on

different ways of avoiding infection; testing of children upon different ways of avoiding infection; testing of children upon their consent should be introduced their consent should be introduced

issue of desirability of legalization of sex work and issue of desirability of legalization of sex work and decriminalization of drugs decriminalization of drugs

Legislation Analysis (7)Legislation Analysis (7)

Handbook on the rights of people living Handbook on the rights of people living with HIVwith 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

HIV and judicial systemsHIV and judicial systems (1) (1)

Perceived Obstacles to People Living with HIV Accessing their Legal Rights

2220 19

16 15 14 14 13

Identified Obstacles

No. of Participant Responses

- ‘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

HIV and judicial systemsHIV and judicial systems (2) (2)

General info on EU & discrimination:General info on EU & discrimination:

http://ec.europa.eu/employment_social/fundamhttp://ec.europa.eu/employment_social/fundamental_rights/index_en.htmental_rights/index_en.htm

Detailed legal info on national laws on Detailed legal info on national laws on discrimination:discrimination:

http://ec.europa.eu/employment_social/fundamhttp://ec.europa.eu/employment_social/fundamental_rights/policy/aneval/legnet_en.htmental_rights/policy/aneval/legnet_en.htm

Media de-stigmatization Media de-stigmatization strategystrategy

STRENGTHENING THE PARTNERSHIP FOR STRENGTHENING THE PARTNERSHIP FOR DEVELOPMENT OF NATIONAL DEVELOPMENT OF NATIONAL

DESTIGMATIZATION STRATEGYDESTIGMATIZATION STRATEGYRecommendations for media treatment of people living with HIV in the Recommendations for media treatment of people living with HIV in the

Republic of CroatiaRepublic of Croatia

INFORMED CONSENT FORM FOR THE MEDIA INFORMED CONSENT FORM FOR THE MEDIA CRITERIA FOR ANNUAL AWARD TO JOURNALISTS CRITERIA FOR ANNUAL AWARD TO JOURNALISTS

FOR RECOGNITION OF PEOPLE LIVING WITH HIVFOR RECOGNITION OF PEOPLE LIVING WITH HIV MODE OF EDUCATION OF JOURNALISTS AND MODE OF EDUCATION OF JOURNALISTS AND

EDITORS ON TREATMENT OF PEOPLE LIVING EDITORS ON TREATMENT OF PEOPLE LIVING WITH HIVWITH HIV

When 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-Criminal liability of media as legal persons

Media de-stigmatization Media de-stigmatization strategystrategy