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GENERAL PROVISIONS

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					                    ASSEMBLY OF THE REPUBLIC


 VI Legislature                   _____Session _____________________




Source: Committee on Social Affairs, Gender and Environmental




Subject:    Draft Act on Defending Rights and the Fight against
            the Stigmatisation and Discrimination of People living
            with HIV and AIDS
                       Assembly of the Republic


                                 Background


The stigmatisation and marginalisation of people living with HIV and AIDS is
the result of attitudes rooted in the reactions seen in the past regarding
illnesses such as leprosy, cholera, polio, tuberculosis and others.

The stigmatisation of people living with HIV and AIDS is of great concern in
our society, as it is not limited to the individual living with HIV and AIDS but
also their family, friends, colleagues, children and neighbours.

One of the consequences of the discrimination of the individual living with
HIV and AIDS is the unequal and unfair treatment such individuals are
subject to, including their isolation from the people in their own community,
family, household or workplace.

This also has an effect on children, who stop playing or keep away from
other orphan children of deceased seropositive parents.

As a result of these discriminating attitudes, it becomes difficult to openly
talk about the disease, taking into account that this is another sexually-
transmittable illness, with all the social and cultural taboos associated to
such conditions.

The fear of being stigmatised and discriminated leads to silence and makes
people keep from testing for HIV.

The fight against this stigmatisation and marginalisation of people living
with HIV and AIDS, as well as the prevention and treatment of the illness, is
today a global fight that must include the whole human society, either those
who live with HIV or AIDS and those who do not, government bodies,
traditional and religious leaders, community and non-governmental
organisations, the business community and the unions, the healthcare
professionals, politicians, teachers, leaders, the police and the military. In
other words, the society as a whole.

The HIV and AIDS epidemic, due to its extension and devastating impact, is
one of the toughest challenges faced by human kind; it weakens the social
and economic development all around the world and affects all levels of
society.



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The epidemic affects rich and poor people, without any distinction of age,
gender, colour, race, sex, ethnicity, place of birth, religion, educational level,
social status, profession or political views.

The stigmatisation, the silence and the discrimination increase the negative
impact of the HIV and AIDS epidemic in the communities and in the society
in general. This situation must be confronted now.

It is urgent, therefore, to create an Act composed of a group of important
measures intended to discipline human conduct related to HIV and AIDS,
namely the respect of Human Rights and the fight against stigmatisation,
marginalisation and discrimination.




                                                                                3
                ASSEMBLY OF THE REPUBLIC
                       Draft Act No.           /2008
                                  Date:


Recognising that Act No. 5/2002 of 5 February, that protects workers and
employment applicants living with HIV and AIDS is not comprehensive;

Since there is a need to approve an Act that protects the rights of people
living with HIV and AIDS and that fights stigmatisation and discrimination;

In terms of Paragraph 1 of Article 179 of the Constitution of the Republic,
the Assembly of the Republic hereby determines as follows:


                              CHAPTER I
                          GENERAL PROVISIONS

                                 Article 1
                                 (Object)

The purpose of this Act is to establish the rights and duties of the person
living with HIV or AIDS, as well as to ensure the promotion of the necessary
measures for the prevention, protection and treatment of such individuals.


                                 Article 2
                                  (Scope)

This Act applies to the person living with HIV and AIDS, to the healthcare
staff and other persons in a situation of risk or transmission, as well as to
the general population.


                                 Article 3
                               (Definitions)

The terms used in this Act are included in the attached glossary, which is an
integral part thereof.




                                                                            4
                         CHAPTER II
  RIGHTS AND DUTIES OF THE PERSON LIVING WITH HIV AND AIDS

                                   Article 4
                                   (Rights)

1. Notwithstanding the rights established in the Constitution and other laws,
a person living with HIV and AIDS has the following specific rights:

   a)   Medical and pharmacological care;
   b)   Co-habitation and education;
   c)   Participation in the decision-making process and other family acts;
   d)   Be a candidate to public or private positions;
   e)   Professional work and training;
   f)   Sexual, moral and psychological integrity;
   g)   Respect to his or her privacy within his or her family and community;
   h)   Respect for his or her serologic status;
   i)   Solidarity and care by his or her family and community;
   j)   Food, in the terms provided by the Family Act and by any other
        separate legislation;

2. The person living with HIV and AIDS has the right to be treated free of
charge at Serviço Nacional de Saúde (the National Healthcare Service).


                                  Article 5
               (Child or adolescent living with HIV and AIDS)

1. A child or adolescent living with HIV and AIDS has the rights and
guarantees established by the Constitution of the Republic and by the
international conventions, namely the Convention on Children Rights, the
protocol of the African Charter concerning the rights and well-being of
children and any other legislation in force in the country.

2. The family and the community must ensure that any child or adolescent
living with HIV and AIDS has the right to assistance and education within
his or her own family or, in exceptional cases, within foster families.


                                  Article 6
              (The right not to disclose the serological status)

A person living with HIV and AIDS has the right not to be forced to disclose
his or her serological status, except in the cases provided in this Act and in
any other pertinent legislation.




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                         CHAPTER III
    RIGHTS OF PEOPLE LIVING WITH HIV AND AID IN A STATE OF
                       VULNERABILITY

                                 Article 7
       (People living with HIV and AIDS in a state of vulnerability)

The following people living with HIV and AIDS are in a state of vulnerability:
the woman, children, adolescents, the elderly, disabled and drug dependent
individuals, whose income is lower than the minimum incidence line of
poverty.


                              Article 8
      (Women living with HIV and AIDS in a state of vulnerability)

The women living with HIV and AIDS, in addition to the general rights
established in this Act, benefits from the following rights:

   a) Necessary assistance in the case of being a victim of sexual abuse;
   b) Priority in access to counselling and testing;
   c) Maintenance in the house of the married couple, except, if by legal
      decision it is attributed to the husband.


                                Article 9
   (The children living with HIV and AIDS in a state of vulnerability)

1. The children living with HIV and AIDS, in addition to the rights
established in the Constitution of the Republic, in this Act, in international
conventions, namely, the International Convention on Children Rights, the
protocol of the African Charter concerning the rights and well-being of
children and any other legislation, have the right to:

   a) access to education, housing, medical care, within his or her family
      and, specially, in foster families or refuge institutions;

   b) respect for his or her serologic status;

   c) be assisted by a doctor who treats minors, by the court in the
      jurisdictional area of his or her residence;

   d) assistance from the State guaranteeing his or her social integration,
      until he or she is of age.




                                                                            6
                                Article 10
 (An elderly person living with HIV and AIDS in a state of vulnerability)

An elderly person living with HIV and AIDS, in addition to the rights
established in the Constitution of the Republic, in this Act, in international
conventions and any other legislation, has the right to assistance from the
family, and, specially, at refuge centres.


                                 Article 11
       (A disabled individual living with HIV and AIDS in a state of
                                vulnerability)

1. A disabled individual living with HIV and AIDS, in addition to the rights
established in the Constitution of the Republic, in this Act, in international
conventions and any other legislation, has the right to assistance from the
family, and, specially, at refuge centres.

2. A disabled individual living with HIV and AIDS in a state of vulnerability
has the right to information, communication and civic education on the
prevention, mitigation and fight against HIV and AIDS.

3. As a result of his or her type of disability, the disabled individual also has
the right to information, communication and civic education, in the
appropriate language.


                              Article 12
   (Drug dependent individuals living with HIV and AIDS in a state of
                            vulnerability)

A drug dependent individual living with HIV and AIDS, in addition to the
rights established in the Constitution of the Republic, in this Act, in
international conventions and any other legislation, has the right to
assistance from the family, and, specially, at vocational institutes.


                                 Article 13
           (Obligations of the person living with HIV and AIDS)

1. The person living with HIV and AIDS has, among others, the following
   specific obligations:

   a) To refrain from sexual relations without the necessary protection;
   b) Not to give other persons used blades, needles or other cutting or
      perforating objects;
   c) To adopt attitudes, habits and behaviours that will prevent
      transmission to others;



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   d) To permanently raise the awareness of other people, either people
      living with HIV and AIDS or those who are not, about their obligations
      in all matters regarding the illness;
   e) To comply with the prescribed medical treatment;
   f) To inform his/her physician about such condition;
   g) To inform his/her spouse or sexual partner about his/her serological
      status;

2. A person living with HIV and AIDS shall not donate blood or its derivates,
maternal milk, organs or tissues for therapeutic use, except in the
framework of scientific research.


                                 Article 14
                    (Obligations of private individuals)

Any person knowing someone that is living with HIV and AIDS who is
stigmatised or discriminated by his or her family or community must
communicate such fact to:

   a) The competent State bodies of his or her place of residence;

   b) The community and religious leaders, relatives or other influential
      personalities.


                                 Article 15
                       (The obligation to collaborate)

Whenever duly authorised by a competent healthcare authority, non-
governmental organisations, as well as other social ones, may offer
counselling, testing and treatment services to people living with HIV and
AIDS and support affected people.


                                Article 16
                        (Discrimination and abuse)

The discrimination and abuse against the following individuals is forbidden:

   a) Any person living with HIV and AIDS;
   b) Any orphan child or adolescent, whose parents were victims of HIV
      and AIDS.




                                                                               8
                                Article 17
                 (Discrimination in learning institutions)

1. The establishment of special schools, classes and groups for people living
with HIV and AIDS is forbidden.

2. The banning of a student living with HIV and AIDS to public or private
services and institutions is also forbidden.


                             CHAPTER IV
                     RESPONSIBILITY OF THE STATE

                                 Article 18
                         (Obligations of the State)

1. The State guarantees any person living with HIV and AIDS the use and
exercise of the fundamental rights and guarantees established in the
Constitution of the Republic and in any other Acts.

2. The State guarantees the allocation of any necessary means to the health
units of the National Healthcare Service for the treatment of people living
with HIV and AIDS.

3. The State guarantees the supply of safe blood and its derivates.


                               CHAPTER V
                           LOCAL COMMUNITIES

                                 Article 19
                    (Integration within the community)

A person living with HIV and AIDS must be accepted in the community
without stigmatisation or discrimination, within the process of social
integration.


                                 Article 20
           (Obligations of traditional healthcare practitioners)

Traditional healthcare practitioners and their assistants must offer their care
and services for the counselling and treatment of any person living with HIV
and AIDS.




                                                                              9
                                CHAPTER VI
                             CIVIC EDUCATION

                                 Article 21
                            (Training of leaders)

Activities related to the prevention and fight against HIV and AIDS should be
included in the training and development of activities carried out by
traditional authorities, politicians, community and religious leaders and
other influential personalities.


                             Article 22
                (Empowerment of HIV and AIDS activists)

The relevant social organisations may promote the empowerment of activists
in matters related to the prevention and fight against HIV and AIDS.


                        CHAPTER VII
      PROTECTION OF THE PERSON LIVING WITH HIV AND AIDS

                                Article 23
       (Policies on the prevention and fight against HIV and AIDS)

The State defines the policies for the prevention and fight against HIV and
AIDS, as well as the mitigation regarding the impact of the pandemic.


                             CHAPTER VIII
                         HEALTHCARE SERVICES

                                Article 24
                    (Specialised professional training)

The State promotes specialised professional training on matters related to
the prevention and fight against HIV and AIDS, arranging courses directed at
Health Professionals.


                                 Article 25
                                (HIV testing)

1. The carrying out of tests for the diagnosis of HIV infection without
informed consent is forbidden, with the following exceptions:

      a)   When, at the consideration of the physician, the patient’s clinical
           condition requires such a test exclusively for the treatment and
           care of the patient;


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      b)   In cases of donation of human blood, its derivates, maternal milk,
           organs or tissues;

      c)   When needed for criminal legal purposes, after a prior order
           issued by a competent judicial authority.


2. The HIV serologic tests of minors are to be performed only after the
parent’s permission, or after the permission of the legally responsible
persons, who must be informed about the need to perform such a test and
have to give their written consent for such testing to be carried out, with the
exceptions provided in this Act or in any other applicable legislation, always
respecting the higher interests of the minor.

3. Minors between the age of 16 and 21 are ensured the possibility of
accepting or not accepting permission from the parents, or those legally
responsible, for the carrying out of the test.


                                 Article 26
                       (Testing of pregnant women)

1. The physician should offer routine counselling and testing services to the
pregnant woman as part of pre-natal care.

2. The pregnant woman may request counselling and HIV testing as part of
the pre-natal care.


                                Article 27
                        (Confidentiality of the test)

A doctor performing the HIV serologic test, or any other healthcare
professional aware of such testing, must not disclose the result to any other
person beyond the tested individual or his/her spouse, or his/her parents or
persons in charge of his/her education, in the case of a minor.


                                Article 28
                           (Types of HIV testing)

The State recognises and permits the following types of HIV testing:
  a) Counselling and testing initiated by the user (ATIU);
  b) Counselling and testing initiated by the provider (ATIP);
  c) Counselling and testing as part of the treatment routine;
  d) Diagnostic counselling and testing.




                                                                            11
                               Article 29
                 (Maintenance and control mechanisms)

The Ministry in charge of Health must establish uniform control and
registration mechanisms for the epidemiologic vigilance, to ensure the
anonymity of all the exceptional situations defined by the law or by the
World Health Organisation’s guidelines.


                                 Article 30
                               (Laboratories)

The laboratories and blood banks where the HIV diagnostic testing is carried
out must be duly registered at the Ministry in charge of Health, and are
obligated to maintain an updated registration and information system for the
health authorities.


                                 Article 31
                                (Medication)

The Government is responsible for standardising the anti-retrovirals to be
used at each stage of the infection and of the disease, through the National
Healthcare Service, as well as for regulating its commercialisation.


                                Article 32
                   (National Healthcare Service agents)

1. The agents of the National Healthcare Service shall act with zeal and
diligence when it comes to the treatment of people living with HIV and AIDS,
and shall refrain from any discriminating attitude or behaviour.

2. The violation of the previous paragraph may be subject to a legal action
by any appropriate means.


                                 Article 33
                 (Clinical protocols and technical scripts)

The clinical approach, as well as the respective protocols and technical
scripts, are defined by the Ministry in charge of Health.




                                                                               12
                           CHAPTER IX
                EDUCATION AND ACCESS TO EDUCATION

                              Article 34
            (Information, communication and civic education)

The State shall promote information, communication and civic education
mechanisms in languages understood by the majority of the communities,
for the prevention and fight against HIV and AIDS.


                                 Article 35
                           (Awareness campaigns)

The State shall promote, through its bodies or through the organisations of
the civil society, other institutions or individuals, information and civic
education campaigns that will encourage counselling, testing, and the fight
against stigmatisation, discrimination and encourage adherence to
treatment.


                                  Article 36
                   (Public social communication bodies)

The State shall guarantee, through its public social communication bodies,
the advertising of programs on the prevention and fight against HIV and
AIDS at subsidised prices.


                                 Article 37
                    (Prohibition of a HIV serologic test)

It is forbidden to demand a serologic test in order to submit a job
application, either at public or private institutions, to obtain bank financing,
to keep a legal-labour relationship, to gain access to education, to gain
access to training or for any professional promotion purposes, or for any
other activity.


                                 Article 38
                             (School curriculum)

The Government shall introduce in the curricula of public and private
schools programs and courses on the prevention and fight against HIV and
AIDS as well as on other sexually-transmitted infections.




                                                                             13
                              CHAPTER X
                          THE PRISONS SYSTEM

                                 Article 39
                          (Care at a prison facility)

A prison facility with inmates living with HIV and AIDS must guarantee their
care and treatment.


                                 Article 40
                  (Testing after exposure by sex crimes)

1. Post exposure prophylaxis is guaranteed to all victims of sex crimes.

2. Depending on the circumstances of the case the judge or the prosecutor
may, ex officio, order that the person who committed the crime be tested
post-exposure for diagnostic testing of the HIV infection.

3.    In cases where the absence of the authorities referred to in the
previous paragraph, the police entity may decide on the submission for HIV
testing.


                          CHAPTER XI
    SPECIFIC LEGISLATION ON HIV AND AIDS AT THE WORKPLACE

                               Article 41
                  (Non-discrimination at the workplace)

A worker or work applicant living with HIV and AIDS is protected against
any kind of discrimination, in terms of the Labour Act and any other specific
legislation in force.


                                Article 42
               (Rights of workers living with HIV and AIDS)

1. A worker living with HIV and AIDS has the following rights:

   a) Non-discrimination regarding his or her labour, training, promotion
      and career progression rights;
   b) Equal opportunity rights based on his or her merit and skills in the
      performance of his or her tasks;
   c) Be granted a leave of absence to receive medical and pharmacological
      care, as per the corresponding medical prescription, in terms of the
      labour legislation.




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2. The violation of the provisions established in this article is punishable in
terms of the Labour Act and other Acts.


                                 Article 43
                     (Civic education at the workplace)

The distribution and implementation of legislation, information and
programs for the prevention and fight against HIV and AIDS at the
workplace is mandatory.


                            CHAPTER XII
                LEGAL AND JUDICIAL SUPPORT SERVICES

                                 Article 44
                    (Legal and judicial support services)

1. The State guarantees the right to legal counselling and representation to
people living with HIV and AIDS, or to their representatives.

2. The non-governmental organisations, as well as other of a social nature
dealing with matters related to the prevention and fight against HIV and
AIDS may offer legal support to people living with HIV and AIDS or their
representatives.


                             CHAPTER XIII
                   SCIENTIFIC RESEARCH AND STUDIES

                                  Article 45
                      (Scientific research and studies)

1. The State promotes and ensures the carrying out of scientific research
and studies aimed at preventing, controlling, treating and curing HIV and
AIDS, as well as to mitigate their impact.

2. The implementation of the above requires approval from the Government,
of specific regulations.


                                CHAPTER XIV
                                 PENALTIES

                                  Article 46
                               (Discrimination)

1. Any healthcare agent or professional who violates the duty to thoroughly
and diligently treat a patient, offends the honour and dignity of a person


                                                                              15
living with HIV and AIDS, discriminating or treating him/her with contempt,
shall be condemned to a prison term of up to three months and a fine of up
to one month.

Single paragraph - The penalty of up to six months and a fine of up to one
month shall be applied to any person who pretends to be a healthcare agent
or professional, commits the same facts.

2. If the discrimination of the person living with HIV and AIDS is done in the
context of access to employment, housing, transportation, education,
culture, sports or other public or private services to which such individual
has protected access rights, such an offender shall be punished with a
prison term of up to three months and a fine of up to one month.

3. In the event of violence, threats or blackmail, or of any vice of will, the
punishment shall be of prison and fine, if the graver penalty is not
applicable.


                                Article 47
                    (Unauthorised disclosure of images)

A person, who, without the consent of the person living with HIV and AIDS,
broadcasts or discloses his or her images, for any purpose whatsoever, shall
be punished with prison and a corresponding fine.

Single paragraph - This crime cannot be criminally prosecuted without the
prior claim of the offended individual or of his or her parents, grandparents,
spouse, brothers, sisters, tutors or doctors, unless a violent act was
committed that is qualified as a crime by the law and which prosecution
does not depend on the claim or accusation by the offended party. In the
case of a needy individual, or if such individual is under the care of a charity
institution, once the initial claim is filed and the criminal proceedings
underway, the pardon or waiver by the offended party shall not dismiss the
criminal proceedings.


                                Article 48
                       (Defamation, insults and libel)

The defamation, insults or libels which are based on the fact that the person
is living with HIV and AIDS, shall be punished with a prison term of up to
one year and a fine of up to six months.




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                                 Article 49
                      (Secrecy of the serologic status)

A person, who discloses the confidential records or results of serological
tests under his or her custody pursuant to his or her post, shall be punished
with a prison term of up to one year and a fine of up to six months.

Single paragraph - The penalty of three months and a fine of up to one
month shall be applied to any person who, being aware of the serologic
status of another individual, discloses such information to third parties.


                                  Article 50
                        (Delivery of serologic results)

A person who knowingly delivers or makes someone else deliver a copy of a
document under his or her custody pursuant to his or her post, and that
should not be disclosed, shall be punished with a prison term and a fine of
up to one month.

Single paragraph - A penalty of three months and a fine of up to one month
shall be applied to a person who commits the same facts by violation of the
right to care.


                                   Article 51
                           (Falsification of results)

The falsification of the serological test results shall be punished with a
prison term higher than two years and not higher than eight years.

Single paragraph - The actual performance of the crime, any act that such
falsification is used to perform it, and whatever their consequences qualifies
as a crime of falsification.


                                 Article 52
                      (Voluntary transmission of HIV)

1. Any person who, knowing his/her positive serological state, transmits HIV
to another person, shall be punished with a prison term higher than two and
up to eight years.

2. It is not a voluntary transmission when the carrier of HIV did not violate
the right to care, or there is no significant risk of infection.

Single paragraph - The prison penalty shall be applied to any person who,
by lack of the right to care, transmits HIV to another person.



                                                                             17
                                 Article 53
                               (Mass infection)

Any person who, being a healthcare staff or not, voluntarily transmits HIV to
a group of individuals, by any means different to sexual transmission, shall
be punished with a eight to twelve years of major prison.

Single paragraph - A penalty of two to eight years of major prison shall be
applied to any person who commits these same crimes by negligence.


                                 Article 54
                          (Relevant civil liability)
Indemnity claims for the facts provided in this chapter may be relevant to
the criminal proceedings.


                               CHAPTER XIV
                             FINAL PROVISIONS

                                  Article 55
                                 (Regulation)

The government is responsible for regulating this Act, and establishing the
necessary and adequate mechanisms and institutions for its full
implementation.


                                 Article 56
                           (Subsidiary legislation)

The provisions of the Criminal Code and those of any pertinent
complementary legislation may be applied, in a subsidiary fashion, to the
crimes defined in this Act.


                                  Article 57
                                 (Revocation)

Any legislation which may contradict this Act is hereby revoked.


                                  Article 58
                                  (Validity)


This Act comes into effect 180 days after its publication.



                                                                          18
Approved by the Assembly of the Republic on             2008.

The President of the Assembly of the Republic; Eduardo Joaquim
Mulémbwè

Promulgated on                 2008.

It is published.

The President of the Republic; Armando Emílio Guebuza




                                                                19
Glossary
Affected - infected.

AIDS - Acquired Immunodeficiency Syndrome - group of symptoms and
signs that characterise the infection caused by the HIV virus.

Anonymous test - refers to the HIV testing procedure in which the persons
to be tested do not reveal their true identity. In order to substitute the name,
a number or symbol is used, allowing the laboratory to perform the test
while the tested individual is assigned such number or symbol.

Anti-retroviral (ARV) - is a drug that reduces the aggressiveness of the HIV
virus, thus delaying the progression of the immunodeficiency and/or
restoring, as much as possible, the individual’s immunity, increasing the life
expectancy and quality of life of the infected person.

Body fluids - any fluid in the human body, such as blood, maternal milk,
saliva, semen, sputum, tears, vaginal secretions and urine. These fluids are
considered to be infectious, and they must be dealt with all the time with
universal precautions.

Child - any human being that is younger than 18 years.

Chronic - that lasts a long time (mostly illness).

Chronic progression of the illness - set of transformations of a progressive
nature that is prolonged during the course of the illness.

Compulsive HIV Test - refers to a test imposed to a person, or that is
characterised by the lack of consent, by the use of physical force,
intimidation or any other form of compulsion.

Contaminated biologic material - any product originated in a living
organism, which can be handled or manipulated and that may contain a
contaminating material susceptible of causing infections or diseases.

Counselling - act of advising, teaching and offering an opinion on what
should be done.

Counselling and testing as part of the routine care - is initiated by the
provider and performed as part of a healthcare service package. The CT is
offered to every individual arriving at the healthcare services.

Counselling and testing initiated by the provider (ATIP) - refers to that
initiated by a healthcare professional at the healthcare service, where the
individual is offered such testing, being granted the right to refuse. It is done
under the opt-out approach, in which an individual coming to a health unit
is offered the testing, but for the test to be performed the individual’s


                                                                              20
consent is needed.

Counselling and testing initiated by the User (ATIU) - commonly known
as Voluntary Counselling and Testing, it refers to such an activity initiated
by an individual coming to a health unit in order to know his or her HIV
status. In this modality, the testing is requested by the individual and not by
a healthcare professional, and the results are “used” by the individual to
make decisions about his or her own life.

Diagnosis - determination of a disease through symptoms and signs
presented by an individual, confirmed by laboratory and/or imaging tests.

Diagnostic HIV testing - Test requested by a healthcare professional as
part of the diagnostic evaluation of patients presenting symptoms or signs
compatible with HIV-related diseases. In the presence of such symptoms or
signs, the HIV diagnostic testing must be performed in order to provide the
appropriate medical care to the patient. The main purpose of the diagnostic
testing is, therefore, to screen the patients for HIV so they can receive the
adequate care as soon as possible. The principles of the HIV diagnostic
testing must be also applied to patients admitted with signs or symptoms
related to an infection with HIV.

Disclosure - an act where a health service provider tells the user about his
or her condition, generally after laboratory confirmation on the presence of
the infection.

Discrimination - any distinction, exclusion or preference done based on the
serologic status, with the effect of cancelling or reducing the equal
opportunity and treatment. It may be also defined as negative practices that
originate a stigma.

Drug dependent individual - a person in a vulnerable situation with
behavioural deviation resulting from dependency on drugs, requiring special
rehabilitation and reintegration into the family and society.

Elderly person - any individual older than 55 years, in the case of a female,
and older than 60 years, in the case of a male.

Employer - individuals, partners or legal bodies that have their own
companies. Are represent in organisations by managers.

Employment in the formal sector - employment in legally registered
companies, offering a regular remuneration and normally regulated by a
formal contract defining the rights and obligations of both the worker and
management.

Employment in the informal sector - employment in activities carried out
outside a legally registered organisation that are normally not regulated and
have no defined terms and conditions.


                                                                            21
Epidemiologic - related to the study of diseases, their causes, propagation,
and the control mechanisms within the society.

Epidemiologic Vigilance - mechanism through which the evolution of
illnesses is controlled and evaluated throughout a certain period of time.

HIV (Human Immunodeficiency Virus) - is a virus that attacks the immune
system of an individual resulting in the infected person developing AIDS.

HIV negative or seronegative - refers to the absence of HIV or HIV
antibodies in a test.

HIV positive, Infected by HIV or Seropositive - an individual infected with
the HIV virus, who may or may not present signs of the illness.

HIV-positive or seropositive - refers to the presence of HIV or HIV
antibodies in an HIV test.

HIV Test - is a test to determine if a person is infected with HIV.

HIV Transmission - refers to the infection of HIV to a person, it can be done
in a number of ways (sexually, from mother to child, contaminated objects,
etc.).

Homoderivates - substances extracted from the blood, such as globule and
plasma concentrate.

Infected - an individual who carries an infectious agent and who either
presents signs of the disease or not.

Infection - action originated by agents within a live organism.

Infectious - that produces an infection (contagious/transmissible).

Informed Consent - An act done in writing by the user or doctor of the user,
authorising in writing the performance of the test or participation in
research activities. The consent is valid if signed by the user or doctor, and
by the health service provider recognising that he or she understands the
nature, the purpose, the benefits and the risks involved in the testing or
research.

Medical prescription - prescription.

Multi-sectorial - that involves all of the sectors of the economy.

Opportunistic Infections (OI) - infections that take advantage of the
presence of debilitating illnesses in the organism to accommodate and
manifest themselves.


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Perforating - Cutting - Material - Set of objects used to cut and perforate
something. For example, blades, needles, scalpels, etc.

Physically disabled individual - an individual that is at a disadvantage or
inability due to congenital, or of an acquired nature, of anatomical,
physiological, sensory or mental, by physical barriers and/or to develop a
social activity.

Post exposure prophylaxis - spectrum of biomedical interventions available
to prevent and block the infection or re-infection with HIV, encompassing all
the interventions that depend on the use of an antiretroviral drug and lead
to the prevention of mother-child transmission and the reduction of
infectivity (abrupt reduction of viral charge) of the person already infected.

Progression of the illness - sequence of slow or quick transformations that
occur during the course of an illness.

Relationship and work - the formal or informal relationship between the
worker and the employer, including the rights and obligations of both
parties, in accordance with the provisions of the contractual clauses or as
agreed to in the psychological contract. While the two parties determine the
majority of the relationship forms, the government places and maintains the
standards that govern the relationship.

Research and investigation - the class of activities aimed at producing
applied knowledge and technology, operational and basic knowledge,
scientifically recognised by the compliance with technical methods.

Serologic condition - condition of the plasma/blood of a healthy or ill
individual.

Serologic HIV Test - refers to any laboratory procedure done to an
individual to determine the presence or absence of the HIV infection.

Serologic test or Papanicolau test - refers to a method for the early
detection of cancer and other abnormalities of the female genitalia.

Sexually-Transmitted Infections (STI) - infections/diseases transmitted
mainly through the practice of unprotected sex, i.e. without the use of a
condom.

Stigma/Stigmatisation - is defined as a social process that marginalises,
censures, humiliates or labels those who are different, including beloved or
associated persons. It may take the form of rejection, exclusion, repulsion,
ostracism and degradation.

Testing - medical examination used to determine if a person is infected with
HIV or not.


                                                                           23
Therapy - treatment.


VOCs - any person younger 18 years who has lost his/her father or mother,
living below the poverty line and/or falls under any of the following
categories: affected or infected by HIV, children in households headed by an
adult who is at risk of a chronic illness with income below the poverty line;
child of the street and on the street; children in conflict with the law, among
others, depending on the specific circumstances.

Voluntary HIV Test - refers to the HIV test performed on an individual basis
to a person who, after being advised before the test, submits himself or
herself voluntarily to such a test.

Worker - any person working or employed, receiving a wage or other kind of
remuneration for his or her work.

Workers with HIV/AIDS - workers who have been diagnosed and proved to
be infected with HIV.




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ABBREVIATIONS

HIV - Human immunodeficiency virus
SIDA - (AIDS) - Acquired immune deficiency syndrome
ATS - Health care and testing
PVHS - Person living with HIV and AIDS
ITS - (STD) - Sexually transmitted disease
COV - (VOC) - Vulnerable and orphaned child
PPD - Disabled person




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Description: GENERAL PROVISIONS