The Official Website of  Tamil Nadu State AIDS Control Society, Government of  Tamil Nadu
 
LEGAL ISSUES & REMEDIES
Health Care
  Against Discrimination
     Intervention
     Counselling
   Issues of inequality and discrimination
Rights & Remedies

Legal Issues:

Testing:

Existing Situation - Part III of Constitution - Obtaining consent - informed consent. Professional obligations of the Doctor in ensuring consent
Case Surveillance: Unlinked Anonymous HIV/STD Testing - Privacy. Right to Information
Employment: Testing - Counseling - Denial - Dismissal etc
Confidentiality: Suppression of identity for litigation

Medical Records - Results of testing - Treatment etc. Need for coding - limited access
Suppression of the identity in court related matters - Duty of confidentiality
Whether any requirements of mandatory reporting to health authorities or perhaps to the marriage partners of PLWHA
 
Legal consequences of disclosure - Legal proceedings - remedies
Health Care:
Voluntary Treatment of life of dignity
Duties of Health Care practitioners
Duty of due awareness
Duty to diagnose
Duty to treat
Duty to Counsel
Rights of Health Care workers
Against Discrimination:
PLWHA cannot be denied employment in public sector/state
Education
Housing
Health Care settings
Obtaining insurance coverage
Violent attacks and Social ostracism
Need for anti-discrimination (constitution and other statutes)

Intervention: (Eg.) CSWS condom distributed and immoral traffic Act IVDU - Distribution of Syringes  and Narcotic Act - Right to information

Social Security: To obtain medical care
Pay one's debts after death
Provision for spouses and children
Developing insurance schemes and legal resume
Counselling: 
Preventive Counselling
Test related Counselling
Supportive Counselling
Special Case Counselling
Women and children in relation to HIV/AIDS. Issues of inequality and discrimination
 
 
Limited access to resources
Information Education

Ethics in Research

Human trials - Size of the trial

Consent
Rights of compensation

Willful Transmission: Patients point of view. Societal point of view

Whether there is a role for criminal law in relation to HIV/AIDS and
Whether any form of criminalisation is warranted in relation to the public policy arguments
Whether existing criminal law provisions are adequate to cases of willful transmission
RIGHTS & REMEDIES

Under Article 21 of Constitution of India - Protection of Life and Personal Liberty
Article 47 of the directive principles of state policy - Primary Duty - Public Health
WHO - Guidelines - Denial of treatment for PLWHA should be avoided

Professional misconduct
Claim for compensation
Panjim High Court response to Goa public Health Act - 5.53 of Goa Public Health Act (repealed in 1996) compulsory collection of blood isolation precaution etc.
Madras High Court response
Writ in the high court of Delhi for prevention of AIDS in prisons

For Further Consultation on Legal Issues Feel free to Contact Mrs. Rathna Thara



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