Human Rights for the Vulnerable Population with HIV
In the following essay it will be developed due to the observance of transgression to the fundamental rights of non -discrimination (including this behavior the affectation to other rights such as work) and access to the health of people who have been affected with the virus of the virus of theHuman Immunodeficiency (HIV), which in its causality tends to develop and become human immunodeficiency syndrome (AIDS), encompassed in the present as a vulnerable population.
First, it is defined as a vulnerable population according to the CNDH A:
“Vulnerability is the condition of certain people or groups for which they are at risk of human rights violations. Vulnerability may be due to diverse causes, such as belonging to some ethnic group, or to conditions such as being in seclusion, being a migrant, being a woman, living with some type of condition, living with disabilities, socio -economic conditions such as poverty, orpossess a socially not accepted characteristic in the specific environment. Vulnerability places those who suffer from a disadvantage in the full exercise of their rights and freedoms ”(Ricardo Hernández Forcada and Héctor Eloy Rivas Sánchez)
That is, in the present issue it adapts to the little and low acceptance given a distinctive characteristic, in this case the disease, which is had in people suffering from HIV or AIDS, thereby affecting the exercise of fundamental rights, it happens in thiscase for the misinformation and stigma that has been generated around the population. Why address this issue?, According to national epidemiological control statistics, the following data are available as of November 11, 2019, provided by official INEGI information with Source: SUIVE/DGE/SS. Of the HIV/AIDS Epidemiological Surveillance System.
According to the above, and the information provided about 302,925 people in Mexico suffer from this disease of which 69.4% suffer from human immunodeficiency syndrome (AIDS), that is, about 210,104 people have developed the human immunodeficiency virus (HIV), so that of the total population in Mexico of 129.2 million, 305,925 people suffer from this disease, ergo .24% of the Mexican population can be considered as a vulnerable population in human rights as the virus bearer, this is how it is considered that it is important to address the issue.
By entering the study of this is the Genesis of Human Rights is the Universal Declaration of Human Rights was proclaimed by the United Nations General Assembly in Paris, on December 10, 1948, which in its articles:
Article 1. All human beings are born free and equal in dignity and rights and, endowed as they are of reason and awareness, they must fraternally behave with each other, and:
Article 2. Every person has all the rights and freedoms proclaimed in this statement, without any distinction of race, color, sex, language, religion, political opinion or of any other nature, national or social origin, economic position, birth or any other condition. In addition, there will be no distinction based on the political, legal or international condition of the country or territory whose jurisdiction depends on a person, whether it is an independent country, as well as a territory under fiduciary administration, not autonomous or subject to anyAnother limitation of sovereignty.
Within the national regulatory framework, it is remarkable that reflects the rights of patients living with HIV or AIDS in the Official Mexican Standard for the Prevention and Control of Human Immunodeficiency Virus NOM-010-SSA2-1993. (Modified in 1999) that in its section number 6 clearly indicates the criteria under which the submission to the HIV test must be governed, as well as all the details of care that health services professionals must observe so as not to incurin human rights violations of HIV positive people. Below are the most important points related to the human rights indicated by the aforementioned Official Standard.
Any HIV/AIDS detection is governed by the following criteria:
- It should not be used for purposes outside of the health protection of the individual in question, unless it is in compliance with a court order.
- It should not be requested as a requirement for access to goods and services, get married, obtain employment, be part of educational institutions or to receive medical care.
- It should not be considered as a cause for the termination of a employment contract, the expulsion of a school, the evacuation of a home, the departure of the country or the entrance to it, both of national and foreigners.
- It must be governed by the criteria of informed consent and confidentiality.
With which it is intended to ensure that every person is the same, in addition to preserving it from the detriment to their rights with discriminatory acts, as explained above this social group faces a situation of structural discrimination derived from their state of health, a situation characterizedby the violation or systematic denial of various rights. This denial responds to the presence of stereotypes and prejudices about HIV or on acquired immunodeficiency syndrome (AIDS). The population tends to consider that the virus is easy to transmit and that its propagation is “guilt” of those who carry it, instead of assuming that HIV fight is a social and public health problem that the State must prevent and attend.
The above has led to the fact that, over the last years, the groups especially vulnerable to acquire HIV (people who are dedicated to sex work, trans people, men who have sex with men) have been excluded, discriminated against, marginalized and stigmatized in the public and private spheres.
However, hard data provided, and having touched the issue of transgressed fundamental rights, in social matters, the main reason for transgression of rights is that people living with HIV or AIDS are subject to various prejudices. According to the National Discrimination Survey 2017, a third of the population (36%) believes that living with people with HIV or AIDS "is always a risk", and the same proportion would not be willing to rent a room from their home toSomeone living with HIV or AIDS (Conapred 2018).
On the other hand, a study published by Public Health of Mexico found that, for almost a quarter of health suppliers, homosexuality is the cause of HIV in Mexico. Two out of three assured that the test should be mandatory for HSH and more than eight out of ten (85%) believed the same in relation to sex workers (Infante et al. 2006). Between 2012 and June 2018, Conapred analyzed a total of 301 cases of alleged acts of discrimination towards people living with HIV. Of the total, 65% consist of complaints against individuals, and the rest against people public servants. In one in six cases, discrimination acts were also linked to sexual orientation. For the most part, people living with HIV were discriminated against at work (41% of cases) and in the field of health (31%). Mainly, its right to decent treatment (64%of cases), employment (36%) and health (29%) was violated (29%).
Among the cases of discrimination towards people living with HIV or AIDS, one of the most prominent is the one reported in the resolution by disposition 01/05 of the Conredd. This resolution established the discriminatory nature of the unjustified dismissal of those who live with HIV. The petitioner in this case gave maintenance to the aircraft of the Secretariat of the Navy, but received a “useless certificate” when HIV was detected. The Marine Secretariat gave the person medical treatment, but argued that it was necessary to separate it from their work to avoid health complications. He also argued that he had only interpreted his internal regulations and that he was not obliged to follow the international treaties that prohibit discrimination. Conapred, with the support of Censida, found that the activities of the petitioner would not have put their health at risk, that their medical treatment was inappropriate, that all the required analyzes or vaccines had not been carried out and that it had not been supportedpsychological. Thus, they had violated their rights to non -discrimination, work and health. It was resolved that the Secretariat of the Navy had to return to the person, give it the right treatment, as well as train their staff around non -discrimination.
conclusion
From the above it can be collected that the people who face a disease of the already embodied nature, in addition to dealing with it face a serious detriment of their rights based on prejudices- as it is to be homosexual- and ignorance- such as thinking thatThe virus is transmitted through a hug or a kiss- even discrimination of the health providers themselves, which is why it constitutes a serious discriminatory act, since it denies the integral access of other human rights due, such as access to thehealth, work, or even decent housing.
In addition to the above, it is noteworthy that many institutions and regulations avocate the defense of this vulnerable group, to which it is important to add the importance of optimal sexual education to all population sectors.
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