[DRAFT] Rights of Individuals Living With HIV

[The Greater Soviet North America]

Rights of Individuals Living With HIV
A resolution to improve worldwide human individual and civil rights.

Category: Civil Rights

Strength: Strong

Proposed by: The Greater Soviet North America

---

Co-authored by Tinhampton

The World Assembly,

Aware that the Human Immunodeficiency Virus (HIV) causes Acquired Immunodeficiency Syndrome (AIDS);

Noting that, because of recent and continuing research into HIV being applied in the real world, AIDS is now treated as a chronic disease;

Grateful that the health of individuals living with HIV, including in the AIDS stage (the most advanced stage of infection), has now improved to the point where they are more likely than before to enjoy a similar quality of life to individuals living without HIV;

Firmly convinced that individuals living with HIV in any of its stages should enjoy all civil rights, but that due to the stigma associated with HIV in many cultures, it is sadly necessary to emphasize several of their rights to that extent;

Enacts as follows:

1. Every individual living with HIV in any of its stages has the right to receive suitable healthcare and treatment (including antiretrovirals; and healthy blood, blood products, organs and tissues that have been rigorously tested for HIV). They must receive clear, accurate and scientific information about all stages of HIV infection (including the AIDS stage), as well as information about their laboratory results and suitable treatment for HIV, without any restrictions not permitted by prior and standing international law.
2. Throughout their stay at a hospital, every individual living with HIV at any of its stages must receive all medication required for their treatment. If an individual is diagnosed with HIV in a hospital, that hospital must refer them to a specialized care institution.
3. Each detained individual who obtains medical confirmation that they are in the terminal stage of HIV has the right to request a transfer to a specialized care institution and to receive a rapid decision on that request.
4. HIV tests must be conducted on a voluntary basis; and must only be used for diagnosing and treating HIV, controlling transfusions and transplants, and epidemiological studies. Individuals wishing to take an HIV test must be informed of the test results and supported in interpreting them by a competent professional. Under no circumstances may any individual’s HIV test results be further distributed without their consent.
5. No individual or entity (including the state) may:
   
   1. restrict the rights of any person (including by segregating that person without their consent or where doing so is unnecessary to protect their health), nor discriminate against that person, simply because that person is living with HIV in any of its stages;
   2. request or publish information that threatens the privacy of an individual living with HIV in any of its stages; nor
   3. compile records of the individuals who have engaged in sexual activity with any individual living with HIV in any of its stages, except for epidemiological investigations.
6. No individual may be restricted or prevented from:
   
   1. accessing employment, education, military service, accommodation, or other state assistance because of their HIV status; nor
   2. participating in any aspect of civil, professional, sexual, emotional or social life because they are living with HIV in any of its stages.
7. Member states are strongly urged to introduce similar measures for the relief of individuals living with other sexually transmitted infections.

Rights of Individuals Living With HIV
A resolution to improve worldwide human individual and civil rights.

Category: Civil Rights

Strength: Strong

Proposed by: The Greater Soviet North America

---

Co-authored by Tinhampton
The World Assembly,

Aware that the Human Immunodeficiency Virus (HIV) causes Acquired Immunodeficiency Syndrome (AIDS);

Noting that, because of recent and continuing research into HIV being applied in the real world, AIDS is now treated as a chronic disease;

Grateful that the health of individuals living with HIV, including in the AIDS stage (the most advanced stage of infection), has now improved to the point where they are more likely than before to enjoy a similar quality of life to individuals living without HIV;

Firmly convinced that individuals living with HIV in any of its stages should enjoy all civil rights, but that due to the stigma associated with HIV in many cultures, it is sadly necessary to emphasize several of their rights to that extent;

Enacts as follows:

1. Every individual living with HIV in any of its stages has the right to receive suitable healthcare and treatment (including healthy blood, blood products, organs and tissues that have been rigorously tested for HIV, as well as antiretrovirals). They must receive clear, accurate and scientific information about all stages of HIV infection (including the AIDS stage), as well as information about their laboratory results and suitable treatment for HIV, without any restrictions not permitted by prior and standing international law.
2. Throughout their stay at a hospital, every individual living with HIV at any of its stages must receive all medication required for their treatment. If an individual is diagnosed with HIV in a hospital, that hospital must refer them to a specialized care institution.
3. Each detained individual who obtains medical confirmation that they are in the terminal stage of HIV has the right to request a transfer to a specialized care institution and to receive a rapid decision on that request.
4. HIV tests must be conducted on a voluntary basis; and must only be used for diagnosing and treating HIV, controlling transfusions and transplants, and epidemiological studies. Individuals wishing to take an HIV test must be informed of the test results and supported in interpreting them by a competent professional. Under no circumstances may any individual’s HIV test results be further distributed without their consent.
5. No individual or entity (including the state) may:
   
   1. restrict the civil, legal rights of any person, by methods such as segregation not required to maintain public health, simply because that person is living with HIV in any of its stages;
   2. request or publish information that threatens the privacy of an individual living with HIV in any of its stages; nor
   3. compile records of the individuals who have engaged in sexual activity with any individual living with HIV in any of its stages, except for epidemiological investigations.
6. No individual may be restricted or prevented from:
   
   1. accessing employment, education, military service, accommodation, or other state assistance because of their HIV status; nor
   2. participating in any aspect of civil and professional life, because they or people in their sexual, emotional or social life are living with HIV in any of its stages.
7. Member states are strongly urged to introduce similar measures for the relief of individuals living with other sexually transmitted infections.

[Greater Cesnica]

Haven't looked into the content really but you should use 1(a)(i) formatting, instead of this A(1) thing you have going on.

[Tinhampton]

Haven't looked into the content really but you should use 1(a)(i) formatting, instead of this A(1) thing you have going on.

consistency moment

I am also available to answer questions about this - especially the ones TGSNA can't ;P

[Greater Cesnica]

Haven't looked into the content really but you should use 1(a)(i) formatting, instead of this A(1) thing you have going on.

consistency moment

But back on-topic. Are you sure this doesn't duplicate anything?

[The Greater Soviet North America]

But back on-topic. Are you sure this doesn't duplicate anything?

Hi Greater Cesnica! Thank you for commenting.
(OOC) If you question is if whether or not the current draft is duplicated and/or plagiarized by an in-real-life source, no.

[Greater Cesnica]

But back on-topic. Are you sure this doesn't duplicate anything?

Hi Greater Cesnica! Thank you for commenting.
(OOC) If you question is if whether or not the current draft is duplicated and/or plagiarized by an in-real-life source, no.

Ah, that's not what I meant, I apologize for the confusion. I meant whether it duplicates existing WA resolution. That doesn't mean plagiarism necessarily, more so whether an existing resolution already covers what this does.

[The Greater Soviet North America]

Ah, that's not what I meant, I apologize for the confusion. I meant whether it duplicates existing WA resolution. That doesn't mean plagiarism necessarily, more so whether an existing resolution already covers what this does.

None that I am aware of (at the time)

[Separatist Peoples]

"The C.D.S.P has never heard of such a disease. There seems little reason promoting medical rights for a disease unknown to swathes of membership while true illnesses such as Orkett's disease ravage innocents."

[Honeydewistania]

"Instead of this 'HIV', how about rights of those whose immune systems are compromised in general? Or those with sexually transmitted infections in general?"

[Separatist Peoples]

"Instead of this 'HIV', how about rights of those whose immune systems are compromised in general? Or those with sexually transmitted infections in general?"

"I'm not sure why either needs special treatment in a legal sense under this policy approach."

[Groot]

"I am Groot," says Groot, handing out pamphlets with the headline "Rights of Individuals Living with Root Rot".

[Jedinsto]

"Instead of this 'HIV', how about rights of those whose immune systems are compromised in general? Or those with sexually transmitted infections in general?"

"I'm not sure why either needs special treatment in a legal sense under this policy approach."

"Agreed. I don't believe this resolution would be necessary."

[Tinhampton]

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: To those of you arguing that my colleague's proposal is superfluous - why? Ambassador Hepperle is further directed towards Article G.

[Separatist Peoples]

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: To those of you arguing that my colleague's proposal is superfluous - why? Ambassador Hepperle is further directed towards Article G.

"Extant law governs the legwl accessibility of medical treatment. It does not specify kinds of disease, suggesting that whatever this disease is has been covered. As such, specific accessibility regulations are unnecessary. Additions relative to nondiscrimination are arguably better, but are not unique to one disease. A better approach would address stigmatized diseases generally, but extant law already addresses most of those concerns. Really, ambassador, I am disappointed that it wasn't as obvious to you as it was to the rest of us."

[Tinhampton]

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: To those of you arguing that my colleague's proposal is superfluous - why? Ambassador Hepperle is further directed towards Article G.

"Extant law governs the legwl accessibility of medical treatment. It does not specify kinds of disease, suggesting that whatever this disease is has been covered. As such, specific accessibility regulations are unnecessary. Additions relative to nondiscrimination are arguably better, but are not unique to one disease. A better approach would address stigmatized diseases generally, but extant law already addresses most of those concerns. Really, ambassador, I am disappointed that it wasn't as obvious to you as it was to the rest of us."

Delegate-Ambassador Smith: Ambassador Bell, if such is of any concern, the Patient's Rights Act's guarantees concerning medical treatment for non-emergencies or otherwise non-life-threatening scenarios apply only to "all persons... lawfully present within any WA member nation." The guarantees in my Socialist American colleague's proposal apply to "every individual living with HIV at any of its stages," regardless of immigration status.

[The Greater Soviet North America]

"Extant law governs the legwl accessibility of medical treatment. It does not specify kinds of disease, suggesting that whatever this disease is has been covered. As such, specific accessibility regulations are unnecessary. Additions relative to nondiscrimination are arguably better, but are not unique to one disease. A better approach would address stigmatized diseases generally, but extant law already addresses most of those concerns. Really, ambassador, I am disappointed that it wasn't as obvious to you as it was to the rest of us."

Jose Carlos Mínguez, Permanent Representative of the Greater Soviet North America to the World Assembly, with the rank and status of Ambassador Extraordinary and Plenipotentiary: What other stigmatized diseases is the Separatist People's referring to? Would it be possible to provide examples?

[Separatist Peoples]

"Extant law governs the legwl accessibility of medical treatment. It does not specify kinds of disease, suggesting that whatever this disease is has been covered. As such, specific accessibility regulations are unnecessary. Additions relative to nondiscrimination are arguably better, but are not unique to one disease. A better approach would address stigmatized diseases generally, but extant law already addresses most of those concerns. Really, ambassador, I am disappointed that it wasn't as obvious to you as it was to the rest of us."

Jose Carlos Mínguez, Permanent Representative of the Greater Soviet North America to the World Assembly, with the rank and status of Ambassador Extraordinary and Plenipotentiary: What other stigmatized diseases is the Separatist People's referring to? Would it be possible to provide examples?

"Any sexually transmitted disease comes to mind, curable or otherwise. Diseases attributed, fairly or not, to social or economic class such as leprosy or tuberculosis. Any illness where, regardless of the treatment or cause, there is a no medical social barrier that affects the ability of the infected to seek or receive treatment, which is likely variable from culture to culture. Nonetheless, specific nondiscrimination efforts for such persons would be a better topic than one obscure immunodeficiency illness."

[Calamari Lands]

I don't have much GA experience, but as one of the Delegates that would have to approve this, I have some small feedback tidbits.

"including antiretrovirals; and healthy blood, blood products, organs and tissues that have been rigorously tested for HIV"
The punctuation here makes it a little difficult to read for me, coupled with the surrounding structure of the clause. It's far from being illegible, but I believe rephrasing it would make it easier to read.

"participating in any aspect of civil, professional, sexual, emotional or social life because they are living with HIV in any of its stages."
"(including by segregating that person without their consent or where doing so is unnecessary to protect their health), nor discriminate against that person, simply because that person is living with HIV in any of its stages;"
Might be a nitpick, but it almost sounds like you want to criminalize breaking up with someone because they have HIV, or similar personal life situations. I imagine it's not what you were going for and it doesn't say that explicitly at any point, but I think it does leave room for doubt in that sense. Perhaps you may want to reword these clauses, or be more specific.

Overall, regarding the resolution itself, it does seem a little specific, and I agree with some others that it could be applied to more STDs or similar diseases. However, if the resolution ends up being submitted and is a good draft, will most likely approve and vote for.

[Bananaistan]

Haven't looked into the content really but you should use 1(a)(i) formatting, instead of this A(1) thing you have going on.

OOC: Why? It's literally no more difficult to reference A1 than 1(a).

"Comrade Bell has adequately cover our main points of concern here: the treatment parts are covered by existing legislation, the anti-discrimination provisions should cover more.

"One extra thing. What are "specialized care institutions" and how do they differ from hospitals?"

[Calamari Lands]

I don't have much GA experience, but as one of the Delegates that would have to approve this, I have some small feedback tidbits.

"including antiretrovirals; and healthy blood, blood products, organs and tissues that have been rigorously tested for HIV"
The punctuation here makes it a little difficult to read for me, coupled with the surrounding structure of the clause. It's far from being illegible, but I believe rephrasing it would make it easier to read.

"participating in any aspect of civil, professional, sexual, emotional or social life because they are living with HIV in any of its stages."
"(including by segregating that person without their consent or where doing so is unnecessary to protect their health), nor discriminate against that person, simply because that person is living with HIV in any of its stages;"
Might be a nitpick, but it almost sounds like you want to criminalize breaking up with someone because they have HIV, or similar personal life situations. I imagine it's not what you were going for and it doesn't say that explicitly at any point, but I think it does leave room for doubt in that sense. Perhaps you may want to reword these clauses, or be more specific.

Overall, regarding the resolution itself, it does seem a little specific, and I agree with some others that it could be applied to more STDs or similar diseases. However, if the resolution ends up being submitted and is a good draft, will most likely approve and vote for.

To elaborate on my criticism of E1 and F2, I believe that saying social, emotional and sexual life is too nonspecific. As you have told me, you're referring to workplace discrimination based on having HIV/ knowing HIV-infected people. I propose you reword to it to "participating in any aspect of civil and professional life, because they or people in their sexual, emotional or social life suffer from HIV". That way it doesn't leave more personal matters up to debate.

[Desmosthenes and Burke]

Ambassador, as currently written, sections D and F essentially make it illegal to require HIV testing for sex workers and refusing to hire HIV positive sex workers. This is, bluntly an affront to basic public health in controlling STIs.

We also wonder if this would not contradict the Clean Prostitute Act (GA 179) which:

REQUIRES that prostitutes working in nations choosing to allow prostitution be regularly screened for sexually transmitted infections and further stipulates that any prostitutes who are diagnosed with a sexually transmitted infection abstain from their work until their infection has been cured.

as we are given to understand that HIV is generally considered a sexually transmitted infection (and is, in fact, usually transmitted through this route), and is incurable.