Legal Basis for Protection of Medical Confidentiality about HIV-status of Person

Abstract

The article examines the legal mechanism for protecting the medical confidentiality of individuals living with HIV. An analysis of national legislation in this context reveals the peculiarities of the legal regime governing the medical confidentiality of this category of individuals, including the confidentiality of testing and its results, registration and accounting of people living with HIV, as well as ensuring confidentiality in the provision of medical assistance related to HIV. The article explores legislatively established grounds for disclosing HIV diagnosis, emphasizing inconsistencies between the provisions of the «On Counteraction to the Spread of Diseases caused by the Human Immunodeficiency Virus (HIV) and Legal and Social Protection of People Living with HIV» and the provisions of subordinate normative legal acts. Special attention is given to the analysis of discrepancies between the provisions of this law and the disclosure of HIV diagnosis by military medical commissions. In light of the resolution of the case «M.K. v. Ukraine» by the European Court of Human Rights, inconsistencies between a subordinate act and a higher legal act regarding the disclosure of information about individuals with HIV are noted. The article also includes specific proposals for improving legislation in this area, taking into account the aforementioned discrepancies and recommendations of the European Court of Human Rights.