THE NATIONAL AIDS Committee (NAC) is to begin documenting cases of discrimination against persons living with HIV/AIDS.
The decision was taken at last Thursday's meeting of the NAC's legal and ethical sub-committee.
Co-ordinator Verity Rushton said the sub-committee would be recording cases immediately in the hope of making Public Defender Howard Hamilton's pledge to take these cases to court a reality.
In December, the Public Defender told The Gleaner that he would be taking three crucial cases to the courts early 2001, one of which was going to court to have the rights of persons who suffer from HIV/AIDS spelled out.
Mr. Hamilton had said that he knew of cases in which hospitals have been reluctant to offer care to persons living with the deadly disease. He cited a case where a man went into a hospital, and because he had AIDS, was neglected and later died. Others have lost their jobs or were turned down for jobs.
"We have to ensure that the Jamaican public is aware; and how do you do that? Let them know that a person with the disease has rights," Mr. Hamilton said.
In March, he had promised to open a Complaints Desk in his office to facilitate the documentation of each report of discrimination which will help to push the advocacy and education efforts of the Committee, aimed at changing people's behaviour towards persons living with AIDS.
Miss Rushton said NAC would also be reviewing its position paper, with the hope of submitting it to the Ministry of Health. The main proposals outlined in this paper arose out of issues concerning notification, confidentiality, discrimination, laboratory testing and wilful transmission of HIV.
The original position paper on persons living with HIV/AIDS was arrived at four years ago; but to be considered for policy, it will have to be made broader to encompass prevention of discrimination against persons living with other sexually transmitted diseases (STDs) and other illnesses, the NAC is being told.
In addition, the Legal and Ethical sub-committee will now look at existing laws to find gaps in legislation. But to complete the review and help protect the rights of people with HIV/AIDS, she needs more input from them as well as more lawyers, policy-makers and people who care for infected persons.
The co-ordinator explained that people with the disease often did not report discrimination because they were afraid that their affliction would become public knowledge, resulting in their being ostracised. She is urging more of them to come forward because it is only with their cases can the NAC effect change.
"We immediately start documenting the cases and then in order to take something to court you must find out how protected their confidentiality would be...whether they should sit behind a screen to protect their identities."
She was joined by Ainsley Reid, president of the Jamaica Network of Sero-positives, which helps infected persons.
"Based on what is happening, persons living with HIV are discriminated against and it goes on in silence. There needs to be a mechanism in place where they can seek redress without being made a public spectacle."
