Healthyvives Health Blog

Several countries have made legal provision to deal with issues arising out of HIV.
Sri Lanka
There are no HIVIAIDS specific laws in Sri Lanka, The three prevailing laws under which the epidemic can be dealt wit11 are: Contagious Diseases, Ordinances No. 8 of 1996 Venereal Diseases Ordinance No. 27 of 1938, and Quarantine and Prevention of Diseases Ordinance No. 3 of 1897 The Contagious Diseases Ordinance of 1966 requires every case of small pox, cholera or other disease which may from time to time be named to be notified to a police officer or other officials. AIDS related issues may be covered under the clause ‘other diseases’. Venereal Diseases Ordinance of 1938 permits only registered or authorised medical practitioners to treat venereal diseases. The most important one in the context is the Quarantine and Prevention respect of Diseases Ordinance of 1897. It gives powers to the health authority in respect of identification and control of contagious diseases. Under this law the doctor is to report a case of HIV infection with all particulars of the patient. Segregation of the infected person is authorized. There is no provision for confidentiality of the information provided.
Thailand
Thailand has a disproportionate number of HIV/AIDS patients and it has great socio-economic, political and legal consequences. Poverty discriminations, budgetary demand etc. indicated that HIVIAIDS is no more a medical disease but it is also a socio-economic and political disease. Form the angle of law; HIVIAIDS is equally a legal disease for Thailand. The National Plan for the Prevention and Control of AIDS (1992-96) established a more enlightened framework for action on HIV/AIDS.
Family and Law
AIDS is a contributing factor towards family break-up. As the number of infected persons goes up, pressure is building up on the families. There is no law to provide subsidies to families. There is also no provision for social security to help the poor. However such facilities are advocated under the National Plan on AIDS.
Employment
The National Plan for the Prevention of AIDS rejects compulsory testing for employment. But rejections of potential employees on the bases of HIV/AIDS and dismissals of actual employees due to the same are very common. Though there are a number of labour laws with implications for HIV/AIDS, the dismissed employees do not approach the courts due to the fear of exposure of their identity
Criminal Law
According to the criminal code liabilities arises from intentional acts, but negligence may also give rise to liability. A key concern in Thailand is the suppression of drugs trade. The provisions of the Dangerous Drug Act, 1979 can be used to detain those with HIV/AIDS where they are the Prostitution Suppression Act, 1960 and Entertainment Places Act, 1966. Prostitution is illegal in Thailand, but it is a rampant. There are also a men, women and children. Courts have powers to send prostitutes having HIV/AIDS to rehabilitation programmes. Prostitution is the most closely linked factor for the spread of AIDS in Thailand.
Malaysia
The Ministry of Health has prepared a Plan of Action that provides guidelines for the surveillance, prevention and control of HIVIAIDS in the country. The main statute in this area is the Prevention of Infectious Diseases Act, 1988. HIV is the only disease included in Part 2 or the Schedule; Section 2 of the Act deals with surveillance while section 3 provides for the confidentiality.
AIDS was first notified as an infectious disease in May 1985. Section 10 of the Act requires all those who come to know the existence of AIDS to notify the officer in charge. Doctors who treat AIDS patients are to notify the same. Persons running boarding houses are to inform if they come to h o w of any of the inmates infected with HIV. Failure to notify is an offence under section 10 (5) of the Act,
Indonesia
The first case of AIDS was recorded in 1987 as a foreign tourist died in Bali. Legal approach to AIDS is based on the Basic Constitution of 1945, Epidemic Law, Quarantine Law, the Health Law etc, Surveillance and notification of AIDS is being done. Testing and counselling are implemented voluntarily. Confidentiality of the HIV status is guaranteed. Compulsory treatment is not applied. Preventive measures like quarantine is not allowed for HIV/AIDS cases. There exist no brothel laws, as prostitution is illegal in Indonesia. Normally medical information is confidential unless asked for by patients or their families. There is no special law dealing with the right of people living with HIV/AIDS. Though there is no legal discrimination against HIV/AIDS patients; it exists for cultural and religious reasons. The duty to treat AIDS cases has been applied to all government hospitals. People living with HIV/AIDS have the same rights as other people in accommodation, employment, school etc.
Singapore
There are few laws, policies and regulations enacted specifically to deal with AIDS in Singapore. Amendment in Infectious Diseases Act, 1985 is meant to deal with epidemic. The Act calls for notification, testing, isolation and quarantine as well as penal provisions. Under the Act, the penal provisions would deter the infected persons from coming forward to be identified.
Every blood donor is required to complete a statutory declaration before he donates blood about his practicing safe sex. This declaration also perpetuates the myth that homosexuals are more disposed to AIDS. Every work permit holder is required to undergo HIV tests to get the permit renewed. The Singapore national employer’s federation has declared HIV infection to be contracted outside the workplace and not their responsibility. Termination of an HIV infected employee is permissible if a number of other employees refuse to work with him. Singapore’s political culture based on Confucian ethics places community interests above all else. The tendency therefore is to curb the rights of the infected individuals and the politicians are accused of playing to popular ignorance.