All rights of HIV-positive persons are defined in general laws and in legislation governing legal relationships related to HIV.
Thus, the Law of Ukraine "On combating the spread of diseases caused by human immunodeficiency virus (HIV) and legal and social protection of people living with HIV" regulates the availability of quality medical care, and the Civil Code of Ukraine enshrines the right to life (Art.281 ), the right to health care (Article 283), the right to medical care (Article 284), the right to information about the state of one's health (Article 285).
In addition, the Law of Ukraine "Fundamentals of Health Care Legislation" (Article 34) normalized the patient's right to choose a doctor and replace him.
Important in a person's social life is the right to privacy about health. This right is governed by several legislative acts. In particular, the Law of Ukraine "On combating the spread of diseases caused by human immunodeficiency virus (HIV) and legal and social protection of people living with HIV" (Article 13), determines that information about the results of testing a person to detect HIV, about the presence or absence of HIV infection is confidential and is a medical mystery. Healthcare providers are required to take the necessary steps to ensure that confidential information about people living with HIV is properly stored and that such information is protected from disclosure and disclosure to third parties.
In addition to the universal rights and freedoms of a person and a citizen, PLHIV are also entitled to:
- Compensation for damages related to the limitation of their rights by disclosure or disclosure of their positive HIV status;
- Free provision of antiretroviral drugs and medicines for the treatment of opportunistic infections in the manner prescribed by the central executive authority in the field of health.
In addition to the broad rights of HIV-infected patients, domestic law defines their responsibilities. First and foremost, it concerns the prevention of the spread of HIV.
The Law of Ukraine “On combating the spread of human immunodeficiency virus diseases and the legal and social protection of people living with HIV” (Article 12) stipulates that all PLHIV are obliged to:
- take action to prevent the spread of HIV infection by health authorities;
- inform persons who were their partners before the detection of the infection, about the possibility of their infection;
- to refuse to donate blood, its components, other biological fluids, cells, organs and tissues for their use in medical practice.