Friends,
Please find attached the HIV & AIDS (Prevention & Control) Act 2017, which came into force on 10.9.2018 as per the attached notification. The key highlights of the Act are as follows:
Prohibition of discrimination against HIV-positive persons: The Act prohibits discrimination against HIV-positive persons on various grounds, including denial, termination, discontinuation, or unfair treatment related to employment, educational establishments, healthcare services, residing or renting property, among others.
Informed consent and disclosure of HIV status: The Act mandates that no HIV test, medical treatment, or research should be conducted on a person without their informed consent.
Role of the Union and State Governments: The Union and State Governments are required to take measures to prevent the spread of HIV or AIDS, provide anti-retroviral therapy and infection management for persons with HIV or AIDS, facilitate their access to welfare schemes, especially for women and children, among other responsibilities.
Role of the Ombudsman: Each state government is tasked with appointing an ombudsman to investigate complaints related to the violation of the Act and the provision of healthcare services.
Guardianship: Individuals between 12 to 18 years of age who demonstrate sufficient maturity in understanding and managing the affairs of their HIV or AIDS-affected family are deemed competent to act as guardians for siblings under 18 years of age.
Court proceedings: Cases involving HIV-positive persons are to be prioritized by the court. In legal proceedings where an HIV-infected or affected person is a party, the court may issue orders to protect the person's identity and restrict the disclosure of information.
According to Section 20 of the Act, establishments with 100 or more employees must designate a Complaints Officer. Furthermore, these establishments are required to adhere to the model HIV & AIDS Policy issued by the Central Government under Section 12.
Thank you.
From India, Malappuram
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1454Please find attached the HIV & AIDS (Prevention & Control) Act 2017, which came into force on 10.9.2018 as per the attached notification. The key highlights of the Act are as follows:
Prohibition of discrimination against HIV-positive persons: The Act prohibits discrimination against HIV-positive persons on various grounds, including denial, termination, discontinuation, or unfair treatment related to employment, educational establishments, healthcare services, residing or renting property, among others.
Informed consent and disclosure of HIV status: The Act mandates that no HIV test, medical treatment, or research should be conducted on a person without their informed consent.
Role of the Union and State Governments: The Union and State Governments are required to take measures to prevent the spread of HIV or AIDS, provide anti-retroviral therapy and infection management for persons with HIV or AIDS, facilitate their access to welfare schemes, especially for women and children, among other responsibilities.
Role of the Ombudsman: Each state government is tasked with appointing an ombudsman to investigate complaints related to the violation of the Act and the provision of healthcare services.
Guardianship: Individuals between 12 to 18 years of age who demonstrate sufficient maturity in understanding and managing the affairs of their HIV or AIDS-affected family are deemed competent to act as guardians for siblings under 18 years of age.
Court proceedings: Cases involving HIV-positive persons are to be prioritized by the court. In legal proceedings where an HIV-infected or affected person is a party, the court may issue orders to protect the person's identity and restrict the disclosure of information.
According to Section 20 of the Act, establishments with 100 or more employees must designate a Complaints Officer. Furthermore, these establishments are required to adhere to the model HIV & AIDS Policy issued by the Central Government under Section 12.
Thank you.
From India, Malappuram
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Thanks For the Updation really helpful in health safety & welfare. Thanks & regards from sumit
From India, Ghaziabad
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From India, Ghaziabad
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Thanks, Mr. Agrawal. I would request you and other members to kindly guide on the following provisions of this Act and how to go about it in terms of execution and implementation steps.
1) Appointment of complaints officer for disposing complaints:
Appoint a person of senior rank within 180 days of the commencement of the Act as the Complaints Officer, who shall dispose of complaints of violations of the provisions of this Act in the establishment, in such manner as may be prescribed.
2) Training of the complaints officer:
Provide the Complaints Officer with training on the provisions of the Act, including information on prevention, care, support, and treatment related to HIV, human sexuality, sexual orientation, and gender identity, drug use, sex work, people vulnerable to HIV, stigma and discrimination, principles of the greater involvement of people living with HIV, strategies of risk reduction, etc.
Regards,
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1) Appointment of complaints officer for disposing complaints:
Appoint a person of senior rank within 180 days of the commencement of the Act as the Complaints Officer, who shall dispose of complaints of violations of the provisions of this Act in the establishment, in such manner as may be prescribed.
2) Training of the complaints officer:
Provide the Complaints Officer with training on the provisions of the Act, including information on prevention, care, support, and treatment related to HIV, human sexuality, sexual orientation, and gender identity, drug use, sex work, people vulnerable to HIV, stigma and discrimination, principles of the greater involvement of people living with HIV, strategies of risk reduction, etc.
Regards,
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