More care, humanity and professional treatment

 to HIV/AIDS diseased

February 11. 2004

During the recent years the Albanian society has been confronted with a serious disease having various consequences - the HIV/AIDS virus. Unfortunately there is an increasing number of the virus-infected people. This situation seriously concerns the state and the entire Albanian society. The point in question is about preventive measures and a greater awareness of the overall society, starting with the family, school, different strata of the society, especially in those areas where there is scarce or no access to information. Moreover the question is about  a more human treatment and care to HIV/AIDS diseased and their family members.

Albanian Helsinki Committee publicly expresses its own concern about some stories in the print media in the recent days where the object of these stories were cases of the virus diseased. The problems tackled in the article are of great significance and need the attention of the relevant state bodies. We fully share the concern raised in the media to make the public aware of a better care to the diseased and their family members.

On the other hand Albanian Helsinki Committee highlights the indispensability to professional confidentiality. It is true that the media in the stories makes no mention of the names of the HIV/VIRUS infected people, but provides detailed data to access at least a number of people, to identify the people and their family relatives.

As regards this problem, Albanian Helsinki Committee considers as necessary to bring to the attention of the health staff and the one that looks after the diseased the article 18 of the law Nr. 8689, dated 16-11-2000 ”On the prevention of the widespread of HIV/AIDS infection in the Republic of Albania” where it is stated “The laboratory staff that performs the examination is not entitled to show the positive result to the HIV infected person or to his own relatives. This can be done only by people legally authorized to act so. The one and the same law, highlights that only with the infected person’s consent, this result is communicated to other people he wants to. The legislation clearly prescribes that this information is absolutely restricted to the relatives and the more so the media.

Providing such an information to the media is in open contradiction with the article 9 of the law  “On preventing the widespread of HIV/AIDS infection in Albania” and is punishable under the Penal Code which in its article 121 sanctions that “Dissemination of a secret related to privacy from he/she that can provide it due to the office or profession is punished with imprisonment up to 1 year, whereas if it is done due to profit reasons or to harm another person, it is punishable to two years.

From the information and contact, Albanian Helsinki Committee had with such diseased people, it observes that the state has not accomplished its own liabilities to the  HIV/AIDS diseased people and the latter are obliged to afford with their own expenses the necessary  medicines, extremely expensive and not available in the Albanian market.

 Instilled by the afore-mentioned :

1. AHC through this statement appeals to the relevant state bodies that in the application of the law, more concretely article 11 of this law, where it is stated that : “The state provides any kind of health care, medicines for out of hospital’s reach or hospital reach service as well as the free transporting  to determine the needs of the health care for the HIV/AIDS infected Albanian citizens” to quickly start the free provision of the medicines.

2. Albanian Helsinki Committee appeals to the health staff for a more human and professional treatment of the HIV/AIDS diseased people.

3. AHC suggests to the print media as well as the  electronic media to show  more consideration  about such cases and all the cases related to the citizens privacy. Invasion of privacy can violate the dignity of the person, but can be accompanied with other harmful consequences for the diseased people and their family members.

4. Albanian Helsinki Committee appeals to the Albanian media to better inform and make the public aware about the prevention of such a disease and to respect the privacy of the diseased people.

5. Albanian Helsinki Committee especially appeals to the educational institutions, educators and the Albanian civil society operating in this field to show more consideration to this group of people and to raise the civil awareness for a more human and professional treatment of the HIV/AIDS diseased.

Tirana, February 11. 2004