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UKRAINE. Law of Ukraine of
The
Preamble to this Law lays down, in particular, that AIDS control is one of the
State's priority tasks in the field of health protection of the
population. The Law defines the legal
regime applicable to problems associated with the spread of AIDS, and is stated
to be in conformity with the rules of international law and WHO recommendations. The following are among the principal
provisions of the Law.
Chapter
I. General Provisions (Secs. 1-5). Sec. 1 defines the terms "HIV
infection", "HIV-infected persons", and "AIDS". Under Sec. 2, the State policy of
Chapter
II. Conditions and procedures for
medical testing with the aim of identifying HIV-infected persons; registration;
and medical testing and prophylactic observation of infected persons. (Secs.
6-12). The provisions of this Chapter
read as follows:
"6. Citizens
of
- to undergo
medical testing aimed at detecting infection by the human immunodeficiency
virus and to medical examination in specialized medical establishments,
independently of the service to which they are attached; and
- to be
informed of the results of the test and receive counselling, with a view to
preventing the spread of infection.
This right
shall be assured by the provision of qualified medical care and by the setting
up of a suitable network of establishments aimed at preventing AIDS and caring
for citizens.
Persons who
undergo testing shall be guaranteed that the medical test is safe, freedom to
consent to the test, anonymity, and confidentiality of data relating to the
test results, provided by the medical establishment.
7. Persons
engaging in prostitution and drug-dependent persons who self-inject narcotics
shall be subject to compulsory medical testing. These compulsory medical tests may be imposed in respect of such
persons in accordance with established procedures only if the said persons are
engaging in prostitution or are drug-dependent.
Depending on epidemiological indicators, other persons may
likewise be required to undergo the said compulsory medical tests.
8. Citizens of
other States and stateless persons residing on the
Diplomatic personnel of diplomatic missions and foreign
consulates, and other persons enjoying diplomatic immunity and privileges on
the
9. Data
indicating that a particular person is HIV-infected or suffering from AIDS
shall be subject to professional confidentiality, which is protected by the
law.
Such data may be communicated only to the legal
representatives of the person concerned, medical establishments, the agencies
of the Office of the Public Prosecutor, investigating magistrates, the courts,
and other agencies and persons as laid down by way of legislation.
10. The competent
medical institutions shall ensure registration, medical examination, and
preventive surveillance of citizens of Ukraine, citizens of other States, and
stateless persons infected with the human immunodeficiency virus (virus
carriers and persons suffering from the disease), who are residing or staying
on the territory of Ukraine.
11. The
regulations governing the medical test for the detection of HIV infection, and
the registration, examination, and preventive surveillance of HIV-infected
persons, shall be formulated by the Ministry of Health of
12. HIV-infected citizens
of other States and stateless persons shall be liable to expulsion from
Citizens of other states and stateless persons married to
citizens of
Chapter
III. Obligations of HIV-infected
persons and all persons subject to medical testing for AIDS (Secs. 13-16). The provisions of this Chapter read as
follows:
"13. Persons
required to undergo compulsory testing for infection by the human
immunodeficiency virus shall report to the appropriate medical institutions
when summoned to do so in writing.
In the event of such persons failing to appear for the test
without valid reasons, they shall be escorted by the militia to local medical
institutions, at the request of these institutions and with the consent of the
Office of the Public Prosecutor. The
said application shall not indicate the disease that gave rise to the
compulsory appearance of the person concerned.
In the event of the person objecting to a decision on the part of a
medical institution, the person concerned may be brought before a court.
14. HIV-infected
citizens of Ukraine, citizens of other States, and stateless persons residing
or staying on the territory of Ukraine, after appropriate medical institutions
have received information indicating that they are infected with the AIDS
pathogen, shall report to the said institutions for a medical examination, when
summoned to do so. If the said persons
try to avoid examination, the measures envisaged in the second paragraph of
Section 13 shall be taken against them.
15. When infected
persons receive information from medical institutions indicating that they have
been infected with HIV and have been warned about the need to take measures to
prevent the spread of HIV infection, and about their criminal liability for
willfully endangering or infecting another person, the infected persons
concerned shall certify in writing the fact that they have received the information
and warning referred to above.
16. Persons
infected with HIV or suffering from AIDS shall:
- take the
measures envisaged by the appropriate institutions and recommended by a
physician; and
- inform
persons with whom they had sexual relations prior to the detection of the
infection about the possibility of the said persons having been infected."
Chapter
IV. Social protection of HIV-infected
persons, persons suffering from AIDS, and members of their families (Secs.
17-23). The provisions of this Chapter
read as follows:
"17. Citizens
of Ukraine, citizens of other States, and stateless persons residing or staying
on the territory of Ukraine, and infected with the human immunodeficiency virus
or suffering from AIDS, shall have the right:
- to a
respectful and humane attitude on the part of society, entailing no humiliation
of their human dignity;
- to demand
confidentiality with regard to information concerning their state of health, if
the conditions and characteristics of their life and work do not constitute a
risk of infection for others;
- to
compensation for damages associated with the restriction of their rights as the
result of the disclosure of information to the effect that the persons
concerned are infected with HIV;
- to practice
their chosen profession, with the exception of the professions and duties
included in special lists;
- to be
provided free of charge with the medicaments necessary for the treatment of any
disease from which they are suffering;
- to transportation
to and from the place of treatment, at the expense of the therapeutic
establishment that issued the invitation to attend for treatment; and
- to be
accommodated in a separate room.
Such
persons may not be used as experimental subjects in trials of medical devices
and methods, scientific research, or education, or in photography, video
recording, or cinematography, unless they give their consent thereto.
18. No person
shall be refused admission to a therapeutic establishment or the provision of
emergency medical care, nor shall any of his rights be affected, on the grounds
that he is a carrier of the virus or is suffering from AIDS; the rights of an
infected person's family or relations shall likewise be inviolate.
19. HIV-infected
persons, persons with AIDS, and their family or relatives may, in accordance
with the law, lodge complaints against the infringement of their rights as the
result of the illegal actions of officials.
20. Persons
infected as the result of medical interventions shall be entitled to a pension
and to priority treatment in the allocation of accommodation if they have none,
or to improvement of their housing conditions, in accordance with the
modalities laid down by law.
21. Parents of
children who are infected with HIV or suffering from AIDS, and persons acting
on their behalf, shall have the right:
- to remain
in hospitals with minor children (under 14 years of age), while being released
from work during this period and in receipt of a temporary disability benefit;
and
- in the
event that one of the parents has been discharged from work in order to look
after a child under 16 years of age, to have the period of temporary incapacity
for work considered as a period of continuous work for the purposes of
calculating allowances, provided that the parent concerned resumes work before
the child reaches the age prescribed.
22. Mothers whose
children under 16 years of age are infected with HIV or suffering from AIDS
shall be entitled to an annual vacation during the summer period, or at another
time that suits them. If the child is
motherless and is brought up by the father or by another person, that person
shall be entitled to the same right.
23. A monthly
allocation equivalent to the minimum salary shall be granted by the State to
children under 16 years who are infected with HIV or suffering from AIDS, under
conditions established by the Cabinet of Ministers of Ukraine."
Chapter
V. Social protection of members of the
medical professions and other professions at risk of being infected by HIV
(Secs. 24-29). The provisions of this
Chapter read as follows:
"24. HIV
infection contracted by members of the medical and pharmaceutical professions
in the course of their duties shall be considered as an occupational disease.
25. Personnel
whose activities consist in providing medical care to the population,
conducting laboratory or scientific research on aspects of HIV, or preparing
viral cultures shall be required to take out compulsory State insurance against
the risk of contracting HIV infection during the exercise of their duties, and
against the risk of disablement as the result of such infection, or death from
AIDS.
The personnel concerned shall be entitled, in the case of
HIV infection, to an allowance equivalent to ten times the minimum salary and,
in the case of disablement as a result of AIDS, to an allowance equivalent to
50 times the minimum salary. In the
event of the death from AIDS of an insured worker, the worker's dependents
shall be entitled to an allowance equivalent to ten years' salary at a level
corresponding to the worker's final duties.
The payment of allowances in connection with State
recognition of the disablement or death of the insured person as the result of
AIDS shall be made with the deduction of the previously paid insurance sums.
Applications for the payment of allowances shall be made
within three years of establishing HIV infection or disability as the result of
contracting AIDS, or of the death of the insured person from AIDS.
The payment of an allowance to the above-mentioned workers
or, in the event of their death, their dependents, shall be made by State
insurance agencies at the request of the services of the Ministry of Health of
26. Health
workers who have been infected with HIV or have contracted AIDS during the
course of their duties shall have the right to receive free annual treatment at
specialized sanatoria or nursing homes under the jurisdiction of the
appropriate ministries and departments; they shall likewise have the right to
an annual vacation of at least 36 working days, to be taken during the summer
period or at another time convenient for them.
27. Health
workers who have been infected with HIV or contracted AIDS during the course of
their duties shall receive priority treatment with regard to the improvement of
their housing conditions, in accordance with the modalities laid down by law.
28. Health
workers engaged in the provision of medical care to HIV-infected persons or
persons with AIDS, the laboratory diagnosis of HIV infection, scientific
research involving the use of infected material, and the development of
biological preparations for the purposes of diagnosing, treating, and
preventing AIDS shall receive an extra payment in addition to their salary, and
shall be entitled to early retirement with pension and an extra annual
vacation, in accordance with the modalities laid down by law.
29. The
administration of medical establishments in which personnel carry out
diagnostic research on HIV infection, provide therapeutic care to HIV carriers
and persons with AIDS, and come into contact with blood and other materials
from infected persons, shall provide the personnel concerned with the necessary
means of protection and carry out systematic tests on them for the detection of
HIV infection.
Medical personnel shall have the right, in the absence of
protective means, to refuse to provide treatment or care to a patient."
Chapter
VI. Liability for the violation of
legislation concerning AIDS control (Secs. 30-31). The provisions of this Chapter read as follows:
"30. The
following shall be punishable in accordance with the modalities laid down by
Ukrainian law: refusal to allow a
person to exercise his right to have a medical test for the detection of HIV;
disclosure of information relating to the carrying out of such a test and the
results thereof; the inappropriate or unscrupulous exercise of professional
duties by members of the medical and pharmaceutical professions or other
officials, resulting in the infection of one or more persons with HIV; and
refusal to provide medical care to HIV-infected persons or persons with AIDS.
31. A person who
is aware that he is infected with HIV shall be punished under criminal law if
he knowingly exposes another person or persons to the risk of HIV infection, or
if he infects another person or persons with HIV. The perpetrator of such an act shall be required to pay
compensation to the infected person in connection with the provision of medical
care and social assistance, in accordance with the modalities laid down by
Ukrainian law."
Appendix -- 940 - Republic of Ukraine page1
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