Discrimination of Those Livining with HIV and AIDS in Ireland

Abstract

John Williams POZ Ireland The protection of persons with HIV or AIDS in Ireland is confined to isolated measures of limited scope. HIV and AIDS discrimination occurs in issues of: Confidentiality, Financial & Insurance, Employment, Medical, Education and Social. Confidentiality: Breaches in confidentiality are thought necessary to protect the HIV positive person, to protect another individual or to protect the welfare of society. The Medical Council's Guide to ethical Behaviour and Fitness to Practice sections 46.02 and 46.03 allow for breaches in confidentiality. 46.02: Should it appear that the welfare of other health care workers may be properly considered to be endangered, the Council would not consider it to be unethical if those who might be at risk of infection, whilst treating the patient, were to be informed of the risk to themselves. 46.03: In the exceptional circumstances of spouses or other partners being at risk, the need to disclose the position to them might be more pressing, but here again the doctor should urgently seek the patient's consent to disclosure. If this is refused, the doctor may, given the circumstances of the case, consider it a duty to inform the spouse or other partner. If breaches in confidentiality are to be considered, that decision must be made: with a full enquiry into the situation by an expert review panel and not by a single doctor or other health care provider with the person's full permission allowing the HIV person access to legal advice While any intentional transmission of HI V is staunchly repudiated, any right a doctor may consider he/she has to inform another party of that patient's HIV status, and to be able to make that decision alone is too volatile a position to safely adopt.