Действие принципа недискриминации в отношении лиц с ВИЧ-положительным статусом при законодательном закреплении и реализации ими права на свободу передвижения и права на труд (сравнительно-правовое исследование)

Abstract

In the era of global epidemic, the mechanism of HIV transmission still remains a subject of urban legends. HIV-positive patients are stigmatized in all aspects of life, including access to health services, housing, education, and employment. The article covers the legislation and practice that can affect the rights of HIV-positive people in countries that belong to different models of human rights. The author focused on the principle of non-discrimination and its role in the regulation of the rights of HIV-positive citizens. When it comes to human rights in healthcare, the state should have limited "margin of appreciation", especially if there is no international consensus, and response adequately to relevant questions, e.g. about the difference between the legal status of citizens and foreigners. The research objective was to reveal the importance of new scientific data for legislators and law enforcement agencies in different countries. The author believes that an international dialogue could help states to cooperate in order to guarantee people their rights. Public opinion cannot influence the constitutional right on fair treatment.