The law criminalizing discrimination of HIV positive and their practical effects on improving the quality of life of people living with HIV and AIDS patients
On June 3 2014 HIV carriers and AIDS patients achieved a major victory with the publication of the law, signed by President Dilma Rousseff, which criminalizes any form of discrimination in society seropositive.
The law states that sanctioned all acts of discrimination against HIV carriers are severely punished. The crimes of discrimination against HIV-positive were classified and published in the Official Gazette to ensure the basic rights of people with HIV / AIDS.
According to the new law criminalizing who comment any discrimination or biased attitude against AIDS sufferers can receive a punishment ranging from one to four years in prison. The acts considered discriminatory include segregation, denial or cancellation of enrollment of HIV-positive learners in schools, colleges, nurseries and all other types of educational institutions at any level of education in public and private institutions.
The law also criminalizes the denial of employment and work for seropositive, the resignation or dismissal of professionals who have the disease, discrimination in the workplace or in schools, the disclosure of the condition of the person with HIV or AIDS patient, all acts that offend the dignity of HIV positive and the denial of health care in hospitals, clinics and other healthcare facilities.
The law is already in place and promises to change the reality of HIV carriers and AIDS patients to ensure the right to a dignified and equal treatment for all people, regardless of their health condition.
What may change with the new law?
The new Brazilian legislation criminalizes the principal acts of discrimination that plague Brazilian society. The law is an attempt to promote the effective integration of positives in society, in the labor market and in educational and training environments. The focus is to end once and for all with the marginalization that has been reaching people with AIDS for many years in Brazil and promote real public awareness of the disease.
With the law, the Brazilians that show any biased behavior against HIV positive will be subject to imprisonment and fines. From now on, all kinds of discrimination are subject to severe punishment according to law.
The creation of the law
The law criminalizes all forms of discrimination against HIV-positive people in society was proposed by former Senator Serys Slhessarenko, the PT of Mato Grosso. The standard has been adopted by politicians and sanctioned by President Dilma Rousseff.
Before being approved and published by the Government, the law has been widely debated and analyzed during 11 years. Despite the delay in passing the law, the measure is already considered a win, and from now, people with HIV have a legal authority to enforce their rights and to combat any form of discrimination based.
The standard is valid for the entire national territory and reaches all Brazilians and foreigners passing through any type of prejudiced attitude in Brazil.
The practical effects of the law
Since the publication of the new law in June 3 2014, representatives of nongovernmental organizations, civil society members and healthcare and HIV positive patients have been discussing the possible practical effects of the law. The legislation is considered a major breakthrough and an effective tool to combat prejudice in Brazilian society.
Many people criticized the need for a specific policy to end prejudice and punish discrimination, but it is necessary to see the legislation as a way to mitigate the various injustices and barriers that have historically been imposed on HIV positive, such as segregation and limiting opportunities for personal and professional development.
Obviously, it was intolerable discrimination in all sectors of society, but it takes a tool to legitimize the struggle of seropositive against various forms of prejudice that still exist. In practice, the new law guarantees the right to the seropositive access to work, health and quality education.
The law was created to eliminate all manner of injustice and discrimination in the workplace, in educational institutions, in academia, in public service and health care in Brazil. The larger purpose of this legislation is to make room for the person with the AIDS virus can have a decent life in society, without any limitation or disregard the fundamental rights of every citizen.
The influence of law on the labor market
For a long time, seropositive lived a social stigma, especially in the labor market. Were not uncommon in cases of unfair dismissal when workers were diagnosed with HIV. The lack of information about the disease, in many cases, led companies to a biased position.
Now, with the new law, companies must treat people with HIV as well as treating any other employee or individual. With this, a person infected with the AIDS virus will no longer be limited to activities that do not offer opportunities for growth and professional development, and will also no longer barred in job interviews.
The legislation will give more chances seropositive professional enhancement and occupancy in senior positions in the labor market and ensure a fairer routine professional practice. In addition to ensuring the proper conditions of employment, the law should also end the misconception that people with HIV should be treated differently in the workplace.
Companies that do not meet the legal requirements are subject to penalties and fines for their leaders and representatives.
The positive effects of the law in Brazil.
The United Nations Programme for HIV and AIDS showed that the number of new HIV infections increased about 11% in Brazil between the years 2005 and 2013. Brazil is the opposite of different nations of the world where HIV cases are dropping every year.
Given this scenario, it is necessary to have legal mechanisms to protect and sustain the seropositive. With the passage of the law, the country begins to walk in the direction of equality and guaranteed for sufferers of the disease and require treatment in all spheres of society rights.
A new Brazilian law also begins to align with UN mandates, the United Nations, which states that human rights should be respected in all circumstances. Currently, Brazil has more than 700 thousand people living with the HIV virus. These are people who deserve respect and support in all areas of social and professional life.
The law should add benefits to actions and campaigns that are already conducted in Brazil to ensure the rights of HIV positive. The mechanism should also serve as a tool for awareness and social integration.
Expected results with new law
A new Brazilian law certainly represents an important advance in the discussion of the role of society in seropositive. It is necessary that people can take the AIDS without fear or taboo, for the disease to be treated properly and can be seen as a condition that imposes limitations.
The HIV positive can live healthily with medical supervision and with remedies that already exist. To maintain appropriate behavior and vigilance with health, HIV carriers and AIDS patients can live with people who do not have the disease, without offering any kind of risk.
It is necessary that people understand that AIDS is not a disease which ends the quality of life and chances of being happy. Existing treatments are effective and contribute permanently to the seropositive can perform all its functions in the society.
The law criminalizing discrimination against HIV positive will be critical to punish misleading and prejudiced actions still happen in the labor market and social life of sufferers. With a more global view of the condition of seropositive and a mechanism that protects the rights of these people, Brazil will be able to evolve in many ways.
The legislation opens up a world of possibilities for people with HIV in terms of education and professional development, ensuring that they can sustain and live normally. With this law in place, all cases of disrespect and moral bearer of the virus offense will be punished, a fact that opens space for more discussions on the rights of patients.
From now on, just refusing seropositive in schools, businesses, hospitals and other public premises. Every holder of the virus that feel segregated or humiliated may seek justice in the moral repair that is right for him. The law also applies to cases of denial of health care.
Entities, NGOs and human rights movements celebrate this achievement and believe that the law will have a significant efficacy in the Brazilian context. The fact that Brazil has a specific law to punish discrimination already shows some maturity with respect to the cause of HIV-positive, and points a way forward from several issues relevant to the social life of AIDS patients.
The new law must take down many prejudices and stigmas surrounding HIV positive since the early 1980, when the epidemic of the disease began to spread more clearly. One point that should start to change immediately is the erroneous and preconceived idea that AIDS is linked only to homosexuals and people involved in prostitution. AIDS is a disease that can strike anyone, and should be treated with dignity.
It is expected that the new Brazilian legislation could end up with negative representations, with the prejudice and discrimination that still surrounds the world of seropositive. The law is surely a strong advocacy tool for carriers of the virus, it will ensure various punishments for those who practice discrimination and result in solid legal victories for seropositive.
The policy is clearly aimed at the social inclusion of seropositive, and should begin to have a positive effect in the coming years, ending discrimination, segregation and any form of embarrassment for AIDS patients.
With consolidated in favor of HIV positive and with a public policy that prioritizes increasing the free distribution of antiretroviral medication in the health system, laws Brazil may proceed with regard to the promotion of equality and quality of life for people with HIV in the country .
Now, it must happen a true civil society mobilization for the law to be put into practice in all states of Brazil, and that there is a speedy trial of all cases of prejudice and discrimination against HIV / AIDS; we must criminalize discrimination against direct seropositive effectively. The new law may even be based on the culpability of those who practice discriminatory acts, but it also requires that the dignity of every citizen is respected, regardless of their health condition and, therefore, meets and determines what he preaches and Brazilian Constitution which is a condition of equality of rights and duties for all people.
Brazil now has a law that criminalizes discrimination. The next step is to exterminate the veiled prejudice and stigma that still haunt the daily lives of HIV positive in the country.
In addition, Brazil also needs transparency in dealing with sensitive issues such as the fact that companies hire their own doctors to discover infectious disease professionals with the virus. We still have a long way to eliminate discrimination and therefore it is essential that all cases are investigated and prosecuted so that the law can be enforced and that the guilty are properly punished and condemned.
It is also important to emphasize that new Brazilian law punishes very specific cases of discrimination, but still contributes so people can report their negative experiences in seeking redress for injustices suffered material and moral damages.
Seropositive the Web Site editor's note: A law that criminaliza discrimination of HIV positive is an important legal device that server as "moral brake" to people who discriminate, often cruelly, people living with HIV or AIDS because now we have a law that sustain us.