Difference between aids and hiv .pptx

Aids and hiv

1. RIGHT TO HEALTH AND HIV/AIDS

2. Introduction Acquired Immuno Deficiency Syndrome(AIDS) AIDS is caused by Human Immuno deficiency virus(HIV) HIV/AIDS is spreading throughout the world at an alarming rate It has emerged as a serious public health challenge-devastating effect on human rights and development . Many human rights are relevant to HIV/AIDS, such as the right to freedom from discrimination, the right to life, equality before the law, the right to privacy and the right to the highest attainable standard of health- which they are lacking.

3. These group specifically faces a lot of health rights violations like- denial of health care and treatment, lack of access to drugs, denial of various services including insurance, medical benefits etc. The incidence and spread of HIV/AIDS are disproportionately high among certain populations, including women, children, those living in poverty, indigenous peoples, migrants, female sex workers, refugees. Adequate laws are needed. Adequate measures need to be taken- ensure availability of medicines, HIV related info. & education, prevent mother-to-child transmission.

4. Human Rights violations of HIV people Breach of right to privacy Testing a person for HIV without their informed consent Disclosure of a person’s HIV status without consent Breach of right to the highest attainable standard of healthcare Denial of treatment to Persons living with HIV Failure to ensure access to anti-retroviral drugs (ART) Discrimination by health insurance companies against PLHIV Breach of right to a family life Forced sterilization of women living with HIV Denying HIV+ people the right to marry Breach of right to work  Refusal of employment due to HIV status Dismissal from employment due to HIV Status Breach of right to property Denial of acquiring property Breach of right to integrity of the person Verbal, physical, or sexual abuse as a response to HIV status

5. International Regulations The International Guidelines on HIV/AIDS and Human Rights, 2006 provide guidance to Governments, international organizations, non-governmental organizations and civil society groups on the development and implementation of effective national strategies for combating HIV and AIDS UNAIDS Guidance Note 2012- launch a programme to reduce stigma and discrimination. HIV and AIDS Recommendation, 2010 by ILO

6. UN Charter ICESCR – Art. 12 ICCPR –Art. 6 UDHR – Art 25(1)

7. INDIAN CONSTITUTION Art. 14 Art. 15 and 16 Art. 21 Art. 39 Art. 42 Art. 47

8. RIGHTS , FREEDOM AND DUTIES OF HIV/AIDS PATIENTS Privacy and Public Health Liberty and Security Movement Marriage Right to Work Education Standard of living and social security

9. RIGHTS Right to treatment Confidentiality Right to employment and right against discrimination at work place Equality before law

10. As per the latest HIV estimates report (2019) of the Government, India is estimated to have around 23.49 lakh people living with HIV/AIDS in 2019 . The HIV epidemic has an overall decreasing trend in country with estimated annual New HIV infections declining by 37% between 2010 and 2019. HIV infection in India is mainly caused by engagement in high risk behaviours . The main high-risk behaviours identified for HIV infection in India includes unprotected heterosexual behaviour , unprotected homosexual behaviour , and unsafe injecting drug use behaviour .

11. There are no dedicated hospitals for the treatment of HIV/AIDS patients. However, under the National AIDS Control Programme (NACP) of the Government, as on July 2020, there are 570 Anti-retroviral treatment ( ART) Centers and 1264 Link ART Centers.

12. Indian Policies and Programs National AIDS Control Programme (NACP I,II,III,IV) National AIDS Control Organization State AIDS control societies Prevention of Parent to child transmission program 2001 Anti-retroviral Therapy 2004

13. The National AIDS Control Programme (NACP) The National AIDS Control Programme (NACP), launched in 1992 , is being implemented as a comprehensive programme for prevention and control of HIV/ AIDS in India. The NACP I started in 1992 was implemented with an objective of slowing down the spread of HIV infections so as to reduce morbidity, mortality and impact of AIDS in the country.

14. In November 1999 , the second National AIDS Control Project (NACP II) was launched to reduce the spread of HIV infection in India, and (ii) to increase India’s capacity to respond to HIV/AIDS on a long-term basis. NACP III was launched in July 2007 with the goal of Halting and Reversing the Epidemic over its five-year period. NACP IV, launched in 2012 , aims to accelerate the process of reversal and further strengthen the epidemic response in India through a cautious and well defined integration process over the next five years.

15. The  National AIDS Control Organisation  ( NACO) established in 1992 is a division of  India 's  Ministry of Health and Family Welfare  that provides leadership to  HIV / AIDS  control programme in  India  through 35 HIV/AIDS Prevention and Control Societies, and is " the nodal organisation for formulation of policy and implementation of program s for prevention and control of HIV/AIDS in India."

16. The  Kerala State AIDS Control Society (KSACS) , plays a pivotal role in the state’s strategy in combating the HIV/AIDS epidemic. It is an autonomous society registered under the Charitable Societies Act, with its members drawn from all key government departments to ensure greater flexibility and more effective programme management. Its work is supervised by a Governing body, chaired by the Chief Secretary of the state, and which includes as members Secretaries of various government departments like Health, Social Welfare, Finance, Education, and Project Director of KSACS, Director of Health Services, Director of Medical Education, State Drugs Controller and Inspector General of Police (Law & Order).

17. KSACS was formed to implement the  National AIDS Control Programme (NACP)  in the state. It works under the National AIDS Control Organisation (NACO) which is a part of the Ministry of Health and Family Welfare of the Government of India.

18. THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017 An Act to provide for the prevention and control of the spread HIV & AIDS and for the protection of human rights of persons affected by the said virus and syndrome. Section 2(a) “AIDS” means Acquired Immune Deficiency Syndrome, a condition characterised by a combination of signs and symptoms, caused by Human Immunodeficiency Virus , which attacks and weakens the body’s immune system making the HIV-positive person susceptible to life threatening conditions or other conditions, as may be specified from time to time;

19. (d) “discrimination” means any act or omission which directly or indirectly, expressly or by effect, immediately or over a period of time,— imposes any burden , obligation, liability, disability or disadvantage on any person or category of persons, based on one or more HIV-related grounds; or (ii) denies or withholds any benefit, opportunity or advantage from any person or category of persons, based on one or more HIV-related grounds, and the expression “discriminate” to be construed accordingly

20. (j) “ HIV-affected person ” means an individual who is HIV-positi ve or whose partner (with whom such individual normally resides) is HIV-positive or has lost a partner (with whom such individual resided) due to AIDS; (k) “HIV-positive person” means a person whose HIV test has been confirmed positive

21. The Act is a milestone because it empowers a person living with HIV to report discrimination meted out against them in fields of employment, health care services, educational services, public facilities, property rights, holding public office, and insurance. The Act penalises "propagation of hatred " against the protected person where a violator could be punished with a minimum jail term of three months to a maximum of two years and can be fined up to one lakh rupees. The Act makes Anti-Retroviral Treatment (ART) a legal right for all HIV/ AIDSpatients .

22. The law makes it mandatory for state governments to appoint an Ombudsman to inquire into complaints related to the violation of the Act and the provision of health care services.

23. Highlights of the Act: Prohibition of discrimination – employment, residence, right to movement, purchase of property Informed consent for undertaking HIV test or treatment. Disclosure of HIV status. Duty to prevent transmission of HIV. Confidentiality of data. Appointment of Ombudsman. Penalty for contravention.

24. Case Laws Article 21 of the Constitution of India guarantees a higher level of right to every person wherein we can conveniently bring the HIV/AIDS patient under it to claim right to life and personal liberty. Lucy  v.  State of Goa , 1990 – challenged S. 53 of Goa Public Health Act.

25. LX v. UOI - LX , an under trial who was tested HIV+ was denied Anti Viral Therapy against AIDS after his release from the prison. In a petition filed by him, the Delhi High Court directed the Govt to continue to provide ART to LX. Pursuant to the commencement of the ARV by the Govt of India in April 2004, the HC directed the govt to provide ART to LX under the ARV roll-out programme.

26. G v. New India Assurance Company Ltd . – Bombay HC – employment cant be denied- violation of Art. 14,16 and 21 Mr. X, Indian Inhabitant v. Chairman, State Level Police Recruitment Board and Ors - the AP HC P v. UOI- Negligence in blood transfusion Mr. X v. Hospital Z (1998) SC