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Perception of HIV-Infected Persons Needs to be Changed
Date : 2007.03.29 00:00:00 Hits : 1441
As regards the proposed amendment to the Prevention of Acquired Immunodeficiency Syndrome Act (“proposed amendment”) submitted by the Ministry of Health and Welfare to the National Assembly, the National Human Rights Commission of Korea (NHRCK) expressed to the National Assembly an opinion that it would be desirable to delete or supplement provisions which are inconsistent with the standards for limiting basic rights under the Constitution. The NHRCK recommended to the minister of labor and the minister of health and welfare that laws related to the proposed amendment be revised and that policies pertaining to the human rights of HIV-infected persons and AIDS patients (“infected persons”) be implemented.
Contrary to conventional wisdom, HIV is not contracted through ordinary contact such as handshaking or hugging. It is primarily contracted by sexual contact. Furthermore, it is a virus with low infectiousness. The most recently developed medications effectively counter the virus, allowing HIV-infected persons to survive for 20 or more years, even until their natural deaths. However, bias and fear toward persons with HIV and AIDS is still prevalent in Korean society. Even the perceptions of medical workers are not very different from those of ordinary people. According to a survey conducted by the Commission in 2005, infected persons remain in the dead zone of human rights. There are rampant medical service discriminations at medical institutes, human rights violations in public health centers’ control of infected persons, human rights abuses arising from use of HIV tests without the consent of tested persons and careless notification of test results, and human rights violations resulting from unkindness and prejudice in society.
Experts estimate the actual number of infected persons at a level much higher than the number of registered and controlled infected persons. Under this situation, it is imperative to strongly encourage voluntary efforts by infected persons to help combat HIV/AIDS if the issue is to be resolved through appropriate prevention and treatment. Thailand and the US introduced and executed control-oriented public health policies such as real name control at an early phase of HIV/AIDS detection and forced testing. However, such policies gave rise to infringements on infected persons’ privacy and social discrimination and stigmatization against them, rather than promoting infection control or prevention. Those policies thrust infected persons out of the public health system, creating a perception that control-based policies are not effective. At present, most countries implement policies driven by human rights assurances and support as well as education and publicity for infection prevention. Now is the time that Korean society shed its prejudice and fear of persons with HIV/AIDS and shift from a control and monitoring-oriented policy to a policy that places a focus on support for infected persons, prevention, and education.
The Commission made said recommendation based on its review of the proposed amendment, applicable laws, and related policies from the perspective that guaranteeing infected persons’ human rights is a prerequisite for proper treatment and infection prevention and is also effective for attaining the goal of public health.
The NHRCK will continue to endeavor to protect the human rights of social minorities including HIV-infected persons.

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