MT-Laws HIV/AIDS Part 4

Examples of DISCRIMINATORY ACTS AND PRACTICES in the Workplace.

Workplace: rejection of job application, termination of employment, or other discriminatory policies in hiring, promotion, and employment

Examples of DISCRIMINATORY ACTS AND PRACTICES in the Learning institution.

Learning institution: refusal of admission, expulsion, segregation, imposition of harsh disciplinary actions, or denial of benefits and services

Examples of DISCRIMINATORY ACTS AND PRACTICES on travel and habitation.

Restriction on travel and habitation: travel restrictions, refusal of lawful entry to the Philippines, deportation, or quarantine/enforced isolation of travelers (applies to both Filipinos and non-Filipinos)

What are the general DISCRIMINATORY ACTS AND PRACTICES, concerning HIV/AIDS?

⦁ Restrictions on shelter

⦁ Prohibition from seeking or holding public office: either elective or appointive

⦁ Exclusion from credit and insurance services

⦁ Discrimination in hospitals and health institutions: denial of services or charging with higher fee

⦁ Denial of burial services

⦁ Act of bullying: bullying in all forms, including online

False/misleading advertising and claims of drugs, devices, agents, or procedures claiming to be a cure or a fail-safe prophylactic

Misinformation

Scenario (Under Penalties):

A company advertises a herbal supplement claiming it can completely cure HIV, misleading people into buying it instead of seeking proper medical treatment.

Misinformation

Scenario (Under Penalties):

A company requires all employees to take an HIV test before hiring them without informing them of their rights or obtaining their consent.

Compelling Someone to Undergo HIV Testing Without Consent

Scenario (Under Penalties):

A healthcare worker knowingly uses contaminated blood for a transfusion, resulting in a patient's HIV infection.

Knowingly or Negligently Causing Another to Get Infected with HIV in the Course of Professional Practice

Scenario (Under Penalties):

A Janitor in a hospital leaks a patient's HIV status online, exposing them to discrimination.

Breach of Confidentiality

Scenario (Under Penalties):

A doctor discloses a patient’s HIV status to their employer without consent.

Breach of Confidentiality by a Health Professional or Custodian

Scenario (Under Penalties):

A company fires an employee after learning they are HIV-positive, despite their ability to perform the job.

Violation Based on Discriminatory Acts and Policies

Scenario (Under Penalties):

A former partner of an HIV-positive person exposes their status to the public out of revenge, causing them to be ostracized.

Misuse of Confidential HIV and AIDS Information to Malign or Harm Someone

Violating the Penalty: Knowingly or negligently causes another to get infected with HIV in the course of the practice of profession, can lead to what punishment?

6-12 years imprisonment (may include suspension or revocation of professional licenses and cancellation or withdrawal of business permits)

Under Penalties, if the suspect is an “alien” what happens?

If alien: deportation after serving the penalties

Under Penalties, if the suspect is a government employee or public official what happens?

If government employee or public official: perpetual or temporary absolute disqualification from office

What happens to collected penalties?

Collected penalties: put into a special fund administered by PNAC

List down all the Penalties

⦁ Misinformation

⦁ Compelled any person to undergo HIV testing without his or her consent

⦁ Knowingly or negligently causes another to get infected with HIV in the course of the practice of profession: 6-12 years imprisonment

⦁ Breach of confidentiality Mass dissemination of HIV status of a person (e.g. online and media statements)

⦁ Breach of confidentiality by a health professional or any custodian of any medical record, file, data, or test result

⦁ Violation on discriminatory acts and policies

⦁ Uses knowledge of confidential HIV and AIDS information to malign or cause damage, injury, or loss to another person