BELARUS. Law of the
* * *
Division V. Provision of medical and
health care to persons suffering from diseases constituting a danger to society
(Secs. 26-31). Sec. 26 (Special
measures for prevention and treatment) requires the public health entities,
with a view to protecting the health of the population, to adopt special
measures for the prevention and treatment of diseases constituting a danger to
other persons (tuberculosis, sexually transmitted diseases, AIDS, and leprosy),
as well as quarantinable diseases. The modalities governing the medical
examination and treatment of persons suffering from such diseases, and the list
of quarantinable diseases, are to be determined by the Ministry of Health. Secs.
27 (Medical examination and treatment of citizens suffering from a disease
constituting a danger to society or a quarantinable disease), 28
(Responsibility for the spread of sexually transmitted diseases or the human
immunodeficiency virus), and 29 (Legal and social protection of persons
infected by the human immunodeficiency virus) read substantially as follows:
"27. Citizens wishing to undergo
a medical examination in order to establish the presence or absence of a
disease constituting a danger to society (tuberculosis, sexually transmitted
diseases, AIDS, or leprosy) or infection by the human immunodeficiency virus
shall have the right to an anonymous medical examination.
Citizens concerning whom there are sufficient
reasons to assume that they are suffering from any of the above-mentioned
diseases, or that they are carriers of the human immunodeficiency virus, and
who refuse to undergo a medical examination, may be compelled to undergo such
an examination; citizens suffering from a sexually transmitted disease and
those suffering from tuberculosis who spread mycobacteria may, if they refuse
to undergo treatment, be compelled to follow a course of treatment.
The compulsory medical examination of such
persons shall be performed following the decision of health care
establishments, with the authorization of the Public Prosecutor; the compulsory
hospitalization and treatment of such persons shall take place following a
court decision, in accordance with the procedure laid down by the legislation
of the
Foreign nationals and stateless persons may,
if they refuse to undergo an examination for the purposes of detecting
infection by the human immunodeficiency virus (AIDS) or prophylactic
surveillance, be expelled from the
Officials of diplomatic missions or foreign
consular services and other persons who enjoy diplomatic privileges and
immunities on the territory of the
28.
Any person in whom a sexually transmitted disease or infection by the human
immunodeficiency virus (AIDS) has been detected shall be informed in writing,
by the health entities and establishments, of the need to comply with
precautions designed to prevent the spread of such diseases and of the criminal
liability, incurred under the legislation in force, for knowingly exposing
another person to a risk of infection or for infecting another person; persons
suffering from a sexually transmitted disease shall likewise be informed of the
criminal liability incurred by refusal to undergo treatment.
29.
Persons who are carriers of the human immunodeficiency virus or who have AIDS
may not be subject to any discrimination on such grounds.
It shall be prohibited to dismiss persons
from employment, refuse them employment, refuse them admission to an
educational establishment, refuse the admission of children to children's
establishments, or otherwise affect the rights of such persons or in any way
restrict their legitimate interests solely on the grounds that they are
carriers of the human immunodeficiency virus or suffering from AIDS; it shall
likewise be prohibited to prejudice the rights and legitimate interests of the
families and associates of infected persons with regard to accommodation or
other matters."
* * *
Division VI. Maternal and child protection
(Secs. 32-35). The Sections of this
Division are as follows: 32. Protection of the interests of mothers and
children; 33. Provision of medical care to mothers and neonates; 34.
Organization of the provision of medical care to children and adolescents; and
35. Provision of medical care to disabled children.
Division VII. Donation and transplantation
of organs and tissues (Secs. 36-39).
Sec. 36 (Blood donation) lays down, inter alia, that any citizen of the
* * *