A PERSON LIVING WITH HIV WAS REFUSED MEDICAL AID IN IZMIRLYAN MEDICAL CENTER
On March 16, 2020, citizen R.K. applied to New Generation Humanitarian NGO, informing that he had been refused to be operated on at IZMIRLYAN medical center due to his HIV positive status.
New Generation Humanitarian NGO submitted a written complaint to the Ministry of Health, the Health and Labor Inspectorate of the Republic of Armenia and reported the crime to the RA Police.
On March 25, 2020, the Health and Labor Inspectorate of RA 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, went to the Kanaker-Zeytun Division of the Yerevan City Department of the RA Police and gave an explanation.
Details on the case
On March 16, 2020, at around 11 am, citizen R. K. and his friend visited IZMIRLYAN medical center , as R.K. was suffering from rectal fissure 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. He was suggested to undergo analyses after which the exact date of surgery should be scheduled. An agreement was reached. However, after R.K. informed the surgeon-proctologist about his HIV positive status, the latter left for a consultation with the head of department. Returning, the doctor said that according to the head of the department, people with HIV-positive status should be kept separate, and their hospital did not have separate free beds at the moment so they could not help the person, at the most they could prescribe him medication. As a result, the person had to apply to another medical center, where he was provided with proper medical care, and surgery will be performed in the near future.
LAW OF THE REPUBLIC OF ARMENIA ABOUT PREVENTION OF THE DISEASE CAUSED BY HUMAN IMMUNODEFICIENCY VIRUS
- The fact of infection of a person with HIV cannot be a basis for restriction of their rights and freedoms except cases 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 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 in the manner prescribed by the legislation of the Republic of Armenia.
- 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 every person,
– show caring and respectful attitude towards the patient.
CRIMINAL CODE OF THE REPUBLIC OF ARMENIA
- 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.