Human Rights News

A PERSON LIVING WITH HIV WAS REFUSED TO GET MEDICAL AID IN IZMIRLYAN MEDICAL CENTER

by

On March 16, 2020, citizen R.K. applied to New Generation Humanitarian NGO who was refused to have surgery at IZMIRLYAN medical center due to his HIV positive status.

New Generation Humanitarian NGO submitted a written complaint to the RA Ministry of Health, the Health and Labor Inspectorate and compiled a report about crime to the RA Police.

On March 25, 2020, the Health and Labor Inspectorate requested documents about the initiation of administration proceeding on the basis of the citizen’s complaint and about examination at Izmirlian Medical Center, which were later provided.

On April 20, 2020, citizen R. K., together with the attorney provided by New Generation Humanitarian NGO, approached to the Kanaker-Zeytun Department of the Yerevan City Department of the RA Police and gave an explanation.

 

Details of the case

On March 16, 2020, at around 11 am, citizen R. K. and his friend visited IZMIRLYAN medical center with complaints of colon rupture and sharp pains. On the spot, the citizen received a consultation and an instruction on urgent surgical intervention by the surgeon-proctologist of the medical center. It was suggested to perform analysis, after which a clear day of surgery should be scheduled. An agreement has been reached. However, after R.K. informed the surgeon-proctologist about his HIV positive status, the latter left for a consultation. Returning, the doctor said that according to the head of the department, people with HIV-positive status should be kept separate, and their hospital does not have separate free beds at the moment, and they cannot help with anything, they can prescribe medication at the most. As a result, the injured person applied to another medical center, where he was provided with proper medical care, and surgery will be performed in the near future.

 

Clarification

LAW OF THE REPUBLIC OF ARMENIA ABOUT PREVENTION OF THE DISEASE CAUSED BY HUMAN IMMUNODEFICIENCY VIRUS

  • The fact of infection of person with HIV infection cannot be the basis for restriction of its rights and freedoms, except as specified, provided by the law.
  • People living with HIV have the right to receive non-discriminatory treatment.

 

LAW OF THE REPUBLIC OF ARMENIA ON MEDICAL ASSISTANCE AND SERVICE TO THE POPULATON

  • When seeking medical assistance, as well as receiving medical assistance and service, every person shall have the right to:
  • select the provider of the medical assistance and service;
  • enjoy respectful treatment from those providing medical assistance and service.

 

  • Every person shall have the right to compensation for damage caused to his or her health during the organization and provision of medical assistance and service in the manner prescribed by the legislation of the Republic of Armenia.
  • Medical assistance and service providers shall be obliged to: (a) provide immediate first aid to any person, irrespective of existence of grounds and other circumstances guaranteeing payment for that aid.
  • Medical assistance and service providers, as well as persons engaged in illegal medical activity shall, in the manner prescribed by the legislation of the Republic of Armenia, be held liable for damage caused to a person’s health due to their fault as well as for communicating information about a person’s health condition.
  • Medical assistance and service providers shall be obliged to:
  • be guided by the interests of the patient when carrying out activities in the field of healthcare;
  • provide emergency first aid to each person,
  • to show caring and respectful attitude towards the patient.

 

RA CRIMINAL CODE

  • Failure without good reasons by the person who was obliged to help the patient, if this caused grave or medium-gravity damage to the patient through negligence, is punished with a fine in the amount of 50 to 100 minimal salaries, or correctional labor for up to 1 year, or with an arrest for the term of 1 to 2 months.