The constitutional right of HIV-infected russian citizens to protect personal privacy: limits of restriction

Abstract

The aim: to conduct a constitutional and legal analysis of the legal regulation of medical secrecy protection for HIV-infected Russian citizens.Materials and methods. The analysis was carried out on the basis of Russian and foreign legislation and scientific literature published on this topic over the past 7 years, including in Pubmed. The study used dialectical and logical methods, which created the basis for a comprehensive and complete study of the limits of admissibility of protecting medical secrets of HIV-infected; the use of the systemicstructural method allowed to study it in conjunction with constitutional guarantees of human rights.Results. Some problems in the legal regulation of medical secrecy protection of HIV-infected Russian citizens have been identified. It is noted that in Russia there are specific circumstances and reasons requiring disclosure of the positive status of HIV-infected citizens. They hide their diagnosis when entering into intimate relationships with healthy people and even in marriage. The current criminal liability for contracting another person’s HIV infection does not ensure the suppression of infringements on the health of others. Based on the analysis of judicial practice, the excessive protection of medical secrets of HIV-infected is noted. Conclusion. It is concluded that in order to effectively protect the health of Russian citizens, it is necessary to limit in some aspects the protection of personal secrets of HIV-infected persons to ensure the safety of all people in contact with them.