In Tajikistan, as in Uzbekistan, much attention is paid to reforming the social sphere, as well as development programs to solve current problems. These include issues related to countering the human immunodeficiency virus epidemic.

In this direction, Tajikistan has approved a National Program and Action Plan, which includes sustainable development goals and other international human rights documents. A Health Code has also been adopted, which also focuses on the treatment and prevention of this virus and prohibits discrimination against people living with it (PLHIV).

The Constitution of Tajikistan enshrines the fundamental rights and freedoms of man and citizen, which are equally binding on all persons living in the country. In accordance with international human rights principles of equality and the prohibition of discrimination, persons living with HIV have all the rights and freedoms enshrined for all citizens in the second chapter of the Basic Law - the right to life, judicial protection, education, physical and mental health and social protection, information, privacy, marriage, etc.

Children with HIV under the age of 16 receive a food allowance, and parents or legal guardians of children born to mothers infected with the virus have the right to receive breast milk substitutes from the moment the children are born until the time the diagnosis is finally established - this is done to further reduce risk.

What are false attitudes?

Despite the progressive provisions existing in the legislation, practice has shown that, unfortunately, PLHIV are still subject to discrimination in all spheres of life.

Reasons include:

• false beliefs/knowledge about the disease;
• insufficient qualifications of doctors, judges and law enforcement officers about HIV disease, the rights of PLHIV;
• low legal awareness and gender stereotypes;
• conflicts between health care, criminal and administrative laws;
• discriminatory provisions of the Criminal Code and the Code of Administrative Offenses;
• new discriminatory by-laws have been adopted, which, compared to laws, are better implemented in practice.

The public organization “Center for Human Rights” has been dealing with the protection and promotion of human rights for 25 years. It is internationally recognized that stigma, discrimination, punitive laws, law enforcement violence and lack of access to justice continue to fuel the HIV epidemic.

Positive NGO experience

The Center for Human Rights, in collaboration with the Ministry of Health and Social Protection of the Population of Tajikistan and other government departments, conducted an assessment of the legal and regulatory environment in the field of HIV/AIDS and human rights.

In particular, a comprehensive analysis was carried out not only of legislation in the field of healthcare, but also labor, social security, administrative and criminal, personal data protection, and focus discussions were organized that revealed discriminatory practices towards PLHIV on the part of medical workers and law enforcement officers and isolated cases of rights violations have been recorded.

As a result of the completed program, the National Program provides for measures aimed at reforming criminal, administrative legislation, legislation in the field of health care, labor and others in the field of HIV/AIDS.

Barriers for people

The Criminal Code contains a separate crime for cases of HIV – infection or deliberate exposure to a risky position with the aim of transmitting the virus. At the same time, the form of warning the partner about their status has not been determined. Thus, all persons living with HIV can be prosecuted, which violates their rights. When a criminal case is opened under this article, the status of both the suspect and the victim is simultaneously revealed.

The following barriers to access to broad and high-quality justice for PLHIV were identified:

• the right of doctors to disclose the status of infected patients upon a routine request from investigative authorities, which does not contain any justification for this;

• During investigations and trials, defendants' right to confidentiality regarding their status is not ensured, as investigators, officials, court clerks, and judges may request medical information.
• There are cases of refusal to hire an HIV-infected person. PLHIV do not challenge this illegal practice in court because they fear that their status will be revealed.

How can you change the situation?

Representatives of civil society regularly communicate with various government bodies. In Tajikistan, amendments to the new draft Criminal Code have been proposed. They are aimed at decriminalizing articles related to this category of citizens.

The public organization “Center for Human Rights” conducts educational events - seminars and trainings on the rights of PLHIV to equal protection and non-discrimination and HIV prevention for judges, law enforcement officers and others.

There are also a number of measures that will help avoid stigma and discrimination against PLHIV:

· people living with HIV, in cases related to HIV infection, must ensure the mandatory participation of a lawyer in criminal cases at the expense of the state;

· it is important to protect the confidentiality of the diagnosis and provide that obtaining data on health status and status requires a prosecutor’s petition and a court order;

· It is critical to provide regular, systematic training for law enforcement officials, prosecutors, and judges on HIV issues, including the latest scientific and medical data on HIV infection as a chronic disease, the risk of transmission, the effects of antiretroviral therapy, and precautions.

The experience of the work done by our organization can be useful for NGOs in other countries, including through the exchange of experience and studying existing problems, as well as ways to combat them.

Larisa Alexandrova,

specialist on HIV and human rights, gender specialist at the NGO “Center for Human Rights”