Rights violations a major concern for people living with HIV

The fear of being discriminated against has been the usual reason why there are still PLHIVs who are afraid to disclose their status even to their families.

CAGAYAN DE ORO — Other than resolving the rising number of cases, stakeholders are equally striving to end the stigma, discrimination, and rights violations experienced by people living with human immunodeficiency virus (PLHIV).

Notwithstanding the efforts, such violations have persisted as evidenced by the number of cases documented by a non-profit lawyering group that helps marginalized and vulnerable sectors.

The Initiatives for Dialogue and Empowerment through Alternative Legal Services (IDEALS) through its Community Access to Redress and Empowerment (CARE) program handled 182 HIV-related stigma, discrimination, and rights violation cases from many parts of the country as of August 15, based on a report obtained by Bulatlat. 

In 2024 when it started its Right to Health program, the group recorded 203 cases.

Data showed that the National Capital Region (NCR) has the highest number so far this year with 58 cases. This was followed by the Davao Region with 28 cases and CALABARZON with 23 cases. The same ranking applies in analyzing the combined total since 2024. Last year, however, Davao region had the highest number with 60 cases.

Around 82 percent of the total cases pertained to violations of Republic Act No. 11166 or the Philippine HIV and AIDS Policy Act, which indicates that “breaches of statutory rights” have been the major concern of PLHIVs, including key populations (KPs) or people who are at higher risk of HIV infection.

PLHIVs, including people living with Acute Immunodeficiency Syndrome (AIDS), have the right not to disclose their health status under the Philippine HIV and AIDS Policy Act. Violations include disclosing without written consent that a person has undergone HIV-related tests, has HIV-related illnesses, or has been exposed to HIV.

HIV testing facilities, under the law, can only release HIV and AIDS confidential information if it is part of a reportorial requirement of the Department of Health, when informing health workers directly involved in the treatment of PLHIVs, and when responding to a subpoena issued by a court over a legal proceeding where the HIV status of a person is the main issue.

One of IDEALS’ recommendations is for the government to establish “secure reporting and referral pathways that minimize disclosure,” such as a centralized case registry that is accessible only to key actors.

In addition, around 60 percent of documented cases occurred in community settings, “reflecting social stigma and unauthorized disclosure of HIV status by family, acquaintances, and peers,” IDEALS said in its report. This was followed by online/digital environments with 22 percent.

Lack of awareness

Raffy Ardemil, a Cagayan de Oro-based advocate and PLHIV, lamented the continuing stigma and discrimination against the community, highlighting the lack of awareness and education on HIV and AIDS as the primary reason why it persists.

She told Bulatlat that the fear of being discriminated against has been the usual reason why there are still PLHIVs who are afraid to disclose their status even to their families. She explained that addressing stigma and discrimination should start within the household through the acceptance of family members. 

“Our families need awareness; that’s the most important thing. They should understand what HIV is,” said Ardemil, who also serves as case manager of the Sustained Health Initiatives of the Philippines in Northern Mindanao, who handles PLHIV clients.

Read: REALITY CHECK: Ang HIV ay hindi isang ‘gay boy crisis’

Ardemil knew of her HIV status three months after being admitted to a hospital in 2016. She disclosed her status during an HIV and AIDS candlelight ceremony activity in 2017 and eventually did the “Hug Me I am PLHIV” campaign in public places, leading her to a path where she can use her voice to amplify the message that “HIV is not a death sentence.”

During sessions with her clients, she won’t force them to disclose their status, as doing so requires a high level of readiness in all aspects. However, she encourages PLHIVs to disclose their condition with their families so that they would know where and who to reach out to in case of any circumstances.

Comprehensive sex education

Concerned groups expressed concerns about the increasing number of HIV cases in the country. However, a Mindanao-based organization of lesbians, gays, bisexuals, transgenders, and queers (LGBTQ) also saw the figures as a reflection of the people’s growing awareness, as many of them have chosen to get tested and know their status.

Despite having options to protect people from HIV, such as Pre-Exposure Prophylaxis (PrEP) and Post-Exposure Prophylaxis (PEP), Mujer-LGBT Organization still stressed the exigency for comprehensive sexual education, especially for the younger generation.

“Young people deserve clear, honest, age-appropriate information about their bodies, their choices, and how to protect themselves,” Mujer-LGBT Organization said in a previous statement.

Data from the Department of Health showed that 30 percent of the total HIV cases in the country since 1984 were diagnosed at the ages of 15-24 years old.

In a previous Bulatlat report, civil society organizations reported that sex education is not being discussed in some schools for fear that minors would be exposed to that information. IDEALS earlier mentioned as well that disseminating information about HIV and AIDS in schools remained a challenge, as it would depend on the school administrations.

Read: Special Report | Cases among youth reveal policy gaps in HIV law

Roots of Health, a Palawan-based reproductive health organization, pointed out in an interview on One PH that sex education doesn’t hypersexualize young individuals, stressing that it would teach children instead a variety of topics relating to sexuality.

The Cagayan de Oro-based HIV advocate echoed the call for an intense education drive, a movement that must be led by the government. (DAA)

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