Discrimination, the Law and Human Rights
People living with HIV are particularly vulnerable to discrimination, as HIV remains a highly stigmatised condition. One in three people diagnosed with HIV have experienced HIV-related discrimination at some time. (1)
Although the law does offer some protection from HIV-related discrimination, in some areas current legislation is inadequate to fully protect the rights of people living with HIV. The law also has the potential to breach the rights of people living with HIV, for example proposed reforms to Public Health Law could potentially give powers for people living with HIV to be forcibly detained or quarantined. Read our response to proposed Public Health Law reforms.
The National AIDS Trust aims through its work to ensure that the rights of people living with HIV are upheld and the law is framed and implemented to protect and promote the rights of people living with HIV. We do this by educating people such as employers about the rights of people living with HIV and by campaigning for changes to the law.Legal
Frameworks and legal protection
The Disability Discrimination Act 2005 (DDA 2005) offers people living with HIV protection from discrimination effectively from the point of diagnosis in most settings, including the workplace and in healthcare settings like a GP practice. However the law currently does not offer adequate protection from HIV-related hate crime. The Criminal Justice Act 2003 legislated to deter hate crime but this law was enacted before the changes introduced by the DDA 2005. The definition of disability in the Criminal Justice Act 2003 is that of ‘physical or mental impairment’ which means that many people living with HIV are not protected. The National AIDS Trust is calling for the definition of disability in the Criminal Justice Act 2003 to be updated to ensure that people with HIV are protected from the point of diagnosis. Read the National AIDS Trust’s case for an amendment to the law to ensure there are no longer two ‘classes’ of disabled person – those protected in law against hate crime and those who are not.
There is also inadequate legal protection from multiple discriminations, for example discrimination on the basis both of someone's HIV status and sexuality, or HIV status and race. The National AIDS Trust is calling for the planned Single Equality Act to be implemented at the earliest opportunity and to offer comprehensive protection from discrimination for people living with HIV. Read the National AIDS Trust's case for a Single Equality Act
For more information and resources go to the Government and the Law webpage.
Criminal Prosecutions
Since 2001, people living with HIV in the UK have been prosecuted for the reckless transmission of HIV. There are real concerns that these prosecutions are undermining efforts to stop the spread of HIV in the UK and are increasing stigma around HIV. The National AIDS Trust is campaigning for an end to prosecutions of reckless transmission of HIV through consensual sex. Whilst prosecutions continue, the National AIDS Trust is working to ensure the best possible guidance is available to prosecutors, lawyers, police, support organisations, healthcare workers and people living with HIV. Read our policy update on the Criminal Prosecution of HIV Transmission. For more information and resources go to the Criminal Prosecutions webpage.
HIV in the workplace
The Disability Discrimination Act 2005 makes it illegal to discriminate against someone living with HIV in the workplace. Yet people living with HIV are still facing discrimination from employers and colleagues and some even lose their jobs because of their HIV status. The National AIDS Trust is working to educate employers about the rights and needs of people living with HIV and to ensure that people living with HIV also know their rights in employment. Read our guide for employers on HIV and Recruitment.
More information and resources on HIV and employment are available on the Employment webpage.
The National AIDS Trust relies on donations, which enable us to carry out this important work. Find out how you can support us.
(1) Discrimination experienced by people living with HIV, Elford J et al, HIV Medicine Issue 7, supplement 1, abstract P93.
