04a human rights and hiv and aids (national)

8/10/2019 04a Human Rights and HIV and AIDS (National)

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HUMAN RIGHTS,

HIV AND AIDSPhilippine National AIDS Council Secretariat

13th PNCA, 24 October 2014, Pasig City

Presented by Glenn A. Cruz, Media Production Specialist III

on behalf of Dr. Ferchito L. Avelino, Director III


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R.A. 8504 and Human Rights The State shall extend to every person suspected and known to

be infected with HIV/AIDS full protection of his/her human rightsand civil liberties

Compulsory HIV testing is unlawful

Privacy of PLHIV is guaranteed

Discrimination against PLHIV is inimical

SOURCE: Republic Act 8504, Section 2, Declaration of Policies, Paragraph (b)


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Fifth AMTP on Stigma & Discrimination Outcome: The country AIDS response is well

governed and accountable

Outputs: HIV and AIDS Policy Environment Policies formulated and put in place to support

comprehensive and evidence-based programs

Approaches and mechanisms strengthened toreduce stigma and discrimination among

persons at-risk, vulnerable, living with andaffected by HIV

Gender-sexuality frameworks developed andbuilt into policies, plans, and programs

SOURCE: Fifth AIDS Medium-Term Plan, 2011-2016, page 29 [Table 3]


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From Fifth AMTP Mid-Term ReviewFighting stigma and discrimination is a critical enabler, and

PNAC and DOH should

continue to empower MARPs and capacities of their networks

Health sector responsibility on right to confidentiality

Accredit PLHIV counselors for shared confidentiality

Integrate rights literacy in community mobilization

Rights education for members of PLHIV networks

Promote non-discrimination in schools, communities, workplaces

Designate CHR to handle HIV-related rights violations, complaints

SOURCE: External Mid-Term Review of the Fifth AIDS Medium-Term Plan, page 17 [Recommendation IV.3.2]


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PNAC Secretariat in the Response Initiates, coordinates and assists PNAC member

agencies collaboration in fulfilling the Councils vision,mission, and functions as articulated in the AIDS law

Secretariat operations and management

Technical advisory, related assistance services

Partnership building assistance

Resource mobilization assistance Information clearance, storage, distribution

Administrative support services


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PNAC Operations on Human Rights Receive and coordinate clients rights-related concerns as part of PNAC

Secretariat office operations

As necessary, ensure human rights perspective in formulation,

monitoring and evaluation of national HIV and AIDS plans As necessary, ensure human rights perspective in provision of technical

advisory and other assistance services

Coordinate and support efforts in mobilizing resources in promoting,protecting and fulfilling human rights

Ensure rights-related concerns addressed in clearance and storage of HIVand AIDS information

As necessary, ensure rights perspective in dissemination of HIV and AIDSinformation

Ensure administrative support in performance of these functions andother functions as may be provided by the Council


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Case 1 (2010)

Abstract

Primary client is a male maritime graduating student whose

promotion withheld after undisclosed result from school's

accredited diagnostic laboratory. Case received upon directions

from DOH Secretary's Office (PNAC Chair).

Prayer/s To receive diagnostic laboratory result

To receive promotion on basis of academic achievement

Action/s

Face-to-face conferences, including RA 8504 orientation,

accompanied by family member

Client-initiated actions with support from PNAC NGO member Endorsement to the Commission on Human Rights

Outcome/sStatus formally undisclosed (informally, primary client is known to

pursue maritime career)

SOURCE: Based on reports from Efren L. Chanliongco, Jr., Health Education and Promotion Officer III, 16 Oct 2014


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Case 2 (2014)

Abstract

Primary client is a male hairdresser, who experienced

constructive dismissal after disclosure of HIV status when

requesting employer to settle outstanding payments to

PhilHealth. Request was prompted by denial of services fromtreatment hub due to PhilHealth delinquency on record. Case

prior documented by an NGO. Primary client was received at

PNAC Secretariat office, accompanied by patient advocate.

Prayer/s To receive former employers settlement of monetary claims

Action/s

Face-to-face conference accompanied by patient advocate Exchange of letters with PNAC members and existing case

workers, including PNAC members voluntary actions

Outcome/s Status remains open, confirmed by NGO case worker

SOURCE: Based on reports from Ma. Khristine A. Fullante, Senior Health Program Officer, 14 Oct 2016


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Some Observations PNAC Secretariat operations viable as coordination node for

assistance to aggrieved parties, and connection to establishedredress mechanisms

For client-initiated actions, facilitation to concretize relief clientspray for, and support of their family members, significant others,and representation of patient advocates are most relevant

Documentation on PNAC assistance to clients more easily

retrieved in cases that included face-to-face conferences; caserecords system however remains informal, including closures


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Some Recommendations Assessment study needed, which will encompass all modalities

utilized by case handlers in the PNAC Secretariat

Periodic oversight guidance from designated PNAC members willhelp standardize and strengthen PNAC Secretariat operations onassistance to clients rights-related concerns

Initial development work needed to push two Fifth AMTP mid-term review recommendations, i.e. human rights literacy in

community mobilization, and promotion of non-discrimination inschools, communities and workplaces

04a human rights and hiv and aids (national)

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