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Opinion on the Partial Amendment to the AIDS Prevention Act [2007] KRNHRC 15 (1 January 2007)

According to a human rights survey conducted by the Commission in 2005, people
living with HIV/AIDS faced discrimination in medical facilities, and human right
violations in patient management of public health centers, HIV testing without the patient's
consent, and inconsiderate notification of test results. In particular, human rights of people
living with HIV/AIDS were marginalized, due to social prejudice and discrimination.
The Commission was aware that the Amendment to the AIDS Prevention Act proposed
by the Ministry of Health and Welfare to the National Assembly was closely related to
human rights. It reviewed government policies related to people living with HIV/AIDS,
and decided to present its opinion and recommendation to the National Assembly and
government ministries in charge of HIV patient management (February 25, 2007).

In relation to the Amendment, the Commission recommended the National Assembly
Speaker to revise statutes to
(1) protect privacy of people living with HIV/AIDS;
(2) specify the principle of anonymous reporting;
(3) restrict doctors and medical institutions from notifying people other than people
living with HIV/AIDS and their spouses of the HIV test result.

It also recommended the National Assembly Speaker to delete clauses on
(1) epidemiological survey of people living with HIV/AIDS and their spouses and families living together;
(2) the obligation of people living with HIV/AIDS to report new addresses in case of moving;
(3) forced medical examination for people living with HIV/AIDS;
(4) treatment orders for those infected with HIV who do not accept treatment recommendations;
(5) treatment and protection measures for people living with HIV/AIDS who do not follow treatment orders.

In addition, the Commission recommended the Minister of Health and Welfare to revise
the Enforcement Ordinance and Regulations of the AIDS Prevention Act to ensure
anonymity in patient reporting and delete personally identifiable information from official
documents. Furthermore, it recommended the Ministry of Health and Welfare to provide
doctors and health professionals in public health centers and medical facilities with human
rights education on protection of people living with HIV/AIDS, as part of on-the-job training.
The Commission recommended the Minister of Labor to explore ways to develop a
policy or guidelines to notify only employers of the result of HIV/AIDS test and not to
their employers, and recommend the employers to accept and promote such a policy or
guidelines.