Currently in the UK there is a mixed level of legal protection for people living with HIV.  It can be very helpful to know and understand your protection and rights under the law, as well as current limitations and problems.

We disagree with the problematic areas of the law and we’re working hard to get them changed, but in the meantime we believe it’s important to help you understand those areas so that you can take informed decisions.

Protection under the law for people living with HIV

Very few UK laws give specific protection to people living with HIV.

The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK domestic law. This fundamental law should provide a "safety net" when other laws fail to provide adequate protection for people living with HIV. Unfortunately, to make use of this "safety net" an individual has to pursue their claim for protection through the courts. That is why we campaign to enshrine legal protection for people living with HIV in statutory law. If you're interested, you can find out more about our latest thinking on the law, stigma and discrimination.

The Disability Discrimination Act 2005 explicitly 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.  The new Equality Act which comes into force in October 2010 will replace the DDA with one piece of legislation covering all areas of equality (for example race and sexual orientation).

NAT warmly welcomes this new and comprehensive Equality Act, something we have advocated for for a long time. For the first time the Act will prohibit the use of discrimination by perception and association. This protection will make a real difference to the partners, families and carers of people living with HIV, as well as to those sometimes thought to be HIV positive such as gay or bisexual men. It sends out the clear message that discrimination on any level is not acceptable.

Many people living with HIV experience dual discrimination (for example discrimination on the basis both of your HIV status and sexuality, or HIV status and race). Until recently, discrimination law did not acknowledge that such discrimination occurs.  We were therefore delighted that the Equality Act has introduced provisions to protect people from dual discrimination.

We are also celebrating the inclusion within the Equality Act of a ground breaking clause that will prohibit the use of health questionnaires prior to an offer of employment from October 2010. This is a significant step forward towards the end to discrimination in recruitment for people living with HIV. NAT has worked with politicians from all parties to secure this outcome, playing a key role in the campaign to prohibit the use of these questionnaires that have enabled less scrupulous employers to filter out applicants with a disability or long term health condition. You can find out more about recruitment, employment and workplace issues in our separate section on employment and also find out what guidance and information we give employers.

Under the Disability Discrimination Act (and the new Equality Act from October 2010), it is illegal to discriminate against people living with HIV.  If you have experienced discrimination in your workplace, advice on how to make a complaint and resolve the issue is available from the Equality and Human Rights Commission (EHRC)

Anyone who has been discriminated against by their employer may bring an action in an employment tribunal.  Cases of discrimination in the provision of goods and/or services may be brought to a county court.  However, some people who have experienced discrimination do not pursue these options because of fear of additional stigma and discrimination if their HIV status became public during case hearings.

The Criminal Justice Act 2003 legislated to deter hate crime but until recently it was unclear whether HIV was included in the definition of disability in the Act. NAT are therefore delighted that after months of campaigning, the Crown Prosecution Services (CPSs) have revised their guidance on disability hate crime to make clear that people living with HIV should receive the same protection as other disabled people.

NAT have been actively campaigning on this issue since 2007. We wanted to ensure that any hate crime against people living with HIV was treated as seriously by police, prosecuting authorities and by the courts when sentencing as other hate crime against disabled people. Working with the Equality and Human Rights Commission, NAT raised concerns with the CPS that their disability hate crime guidance excluded people living with HIV. 

In May 2010 the CPS responded to evidence submitted by NAT by revising their guidance, stating that people living with HIV are included within the definition of disability.  The change means that if a person is attacked because of their HIV status, this can now be considered an aggravating factor by the courts, leading to enhanced sentences for the perpetrators of such crimes. 

In Scotland, NAT worked closely with Partick Harvie MSP to increase protection against HIV-related hate crime. We were delighted when his Member's Bill on offences aggravated by prejudice, which gives full protection for all people living with HIV from the day that they are diagnosed, was passed in June 2009.

Problematic areas of the law for people living with HIV

Unfortunately, there are a number of problematic - or potentially problematic - areas of UK law.

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. We are campaigning for an end to prosecutions of reckless transmission of HIV through consensual sex. Whilst prosecutions continue, we are working to ensure that the best possible guidance is available to prosecutors, lawyers, police, support organisations, healthcare workers and people living with HIV. For more information see our section on criminal prosecutions.

Recent proposals to update Public Health Law gave magistrates significant new powers which could have an impact on people living with HIV.  From the point at which these reforms were proposed we have expressed concern at possible inappropriate use of these powers in relation to people living with HIV.  We secured a commitment from Government during the legal passage of the reforms that effective safeguards will be introduced to ensure that powers are not misused and that the use of these new powers will be closely monitored.