Canada: Advocates call for end to Canada’s discriminatory HIV partner notification policy

HIV organisations in Canada call for the immediate revocation of immigration policy that harms people with HIV

This statement can be attributed to HALCO, the HIV Legal Network, and COCQ-SIDA.

June 21, 2023 – The HIV & AIDS Legal Clinic Ontario (HALCO), HIV Legal Network, and La Coalition des organismes communautaires québécois de lutte contre le sida (COCQ-SIDA), are deeply concerned about the continued application of the “Automatic Partner Notification Policy” (“the Policy”) by Immigration, Refugees and Citizenship Canada (IRCC) and are calling for the Policy to be immediately revoked.

The Automatic Partner Notification Policy requires individuals living with HIV who are applying for permanent resident status through a family class sponsorship or as a dependent family member of a refugee to inform their sponsor of their HIV status. Applicants must also provide the IRCC with proof of such notification within 60 days. Otherwise, applicants must withdraw their application or wait until the IRCC informs their sponsor. This Policy discriminates against people living with HIV, including by violating their right to equal treatment under s. 15(1) under the Charter of Rights and Freedoms.

Applicants are tested for many illnesses during medical examinations as part of the immigration process. However, IRCC requires only those living with HIV to choose between revealing their health condition or withdrawing their application. IRCC does not impose this requirement on applicants living with any other health conditions, including other sexually transmitted or blood-borne infections. Moreover, provincial and territorial public health authorities already, and more appropriately, address these issues, with each having specific procedures to be followed after a positive HIV diagnosis.

The Policy can also add a year or more to the already lengthy immigration process because applicants living with HIV are required to attend an interview, which is not normally required in permanent residence applications. This is expected to have a disproportionate harmful impact on gay, trans, Black, and other racialized people, without any justification.

While this Policy is intended to “protect” public health, it does the opposite by increasing stigma and perpetuating stereotypes that people with HIV are inherently dangerous and deceptive. The Policy is also based on stereotypes about risks of HIV transmission, which are much lower than commonly assumed. While HIV can only be transmitted through specific activities (e.g. HIV cannot be transmitted sexually by people with suppressed viral loads or when a condom is used properly and does not break), the Policy treats every applicant as posing a high risk of transmission.

IRCC policies must comply with the Charter and uphold the human rights of people living with HIV. The Automatic Partner Notification Policy is invasive, discriminatory, and arbitrary, and must be revoked.

South Africa: South Africa needs a healthcare system that is migration-aware and recognises mobility

HIV care for migrant women in South Africa: the gaps and 5 steps towards offering better services

Around 8.45 million people in South Africa live with HIV – an estimated 13.9% of the population. Of South African women aged 15-49, approximately 24% are HIV positive.

The roll-out of services to prevent mother-to-child transmission of HIV has been notably successful in reducing the rate of transmission.

But there are still gaps in the delivery of HIV treatment and prevention. A case in point is migrant women. People who move across national borders or between regions and provinces are particularly easy for healthcare systems to miss. And there’s no integrated system of tracking them. Nor is there any robust national data on how many migrant women, specifically pregnant migrant women, are on treatment and virally suppressed.

In 2020, it was estimated that there were 4 million migrants in South Africa, some of whom were women living with HIV. The public health system has struggled to respond yet alone integrate this mobile population.

The vulnerability of migrants was highlighted during the COVID-19 pandemic when restrictions affected people’s ability to travel to access treatment as well as the delivery of healthcare.

In a recent paper we explored the challenges of the COVID-19 pandemic for HIV prevention services in Johannesburg, South Africa’s economic hub. We interviewed healthcare providers and stakeholders in policy and programming. The aim was to understand the gaps in ensuring adherence to lifelong antiretroviral therapy for mobile populations.

The information we gathered shone a light on the country’s overburdened healthcare facilities and the shortcomings in the network of referral clinics in Johannesburg and across Gauteng province. We went on to draw from these insights to understand the systemic gaps in the delivery of antiretroviral treatment (ART) to migrant women. We identified five in particular. And we then identified possible solutions, including how technology could improve access to healthcare.

The gaps

The pandemic created new problems in healthcare delivery and exposed existing shortcomings. Five main themes emerged from our qualitative study.

First, women living with HIV and who were highly mobile feared going to healthcare facilities because they were scared of getting COVID. This interrupted their treatment and increased their risk of falling ill.

Second, some healthcare workers told us they felt overwhelmed by the added burden of the pandemic on providing HIV prevention services to pregnant women. For example, many reported that there was a lack of infrastructural resources to follow social distancing protocols. This disrupted their provision of care.

Third, migrant women faced a number of logistical barriers:

some who left Gauteng province and then tried to return to collect their medication couldn’t do so due to border and lockdown restrictions
some lost their jobs and income, and were unable to afford travel to collect their ART
some were denied care because they didn’t have documentation (though this should not have been a barrier).

These factors resulted in patients interrupting treatment.

Fourth, some individuals who sought treatment reported mistreatment and xenophobic attitudes from healthcare providers. Even some healthcare providers reported that their colleagues behaved negatively towards migrant women.

Time pressures were the fifth theme. Health workers said they needed more time to counsel patients. This helps build a rapport and strengthens the ability of patients to manage their health.

From these insights we drew up a list of interventions we think would improve antiretroviral services to migrant women in South Africa.

What can be done?

The first step is to dispense antiretrovirals for a longer duration of time to alleviate stress for individuals on the move and encourage retention in the ART programme.

Secondly, decentralise services and bring care to the community with pop-up delivery that can help remove logistical barriers like transport to clinics that are far away.

Thirdly, introduce virtual care platforms – like online HIV prevention of mother to child transmission services. It could help highly mobile individuals to interact with healthcare providers. This could help to improve the referral system between clinics and counsellors could follow up patients who had moved. The system could keep better patient records and send reminders for medicine collections. In addition, it should include translation services to help remove communication barriers between service providers and users. And it could better integrate communication of healthcare facilities – even those in other countries – so as to track patients.

Fourthly, healthcare providers need better opportunities to build closer relations with each other. This could create a better understanding of the changes in their work and the underlying issues that affect them. Greater understanding could help get to the root of where negative attitudes towards migrants stem from to improve behaviours towards patients.

In addition, healthcare facilities often improvise to come up with strategies and solutions that meet the requirements and changes to programmes. If these were better documented they could then provide knowledge translation and learning opportunities on a larger scale for other healthcare providers, facilities and programmes.

Fifth, government should evaluate healthcare environments before changing policies and programmes. Platforms such as working groups should be provided for collaboration with researchers, service providers and mobile patients to help direct policy and practices.

South Africa needs to take a more pragmatic approach to the delivery of antiretroviral treatment. It needs a healthcare system that is migration-aware and offers a service that recognises mobility – one that speaks to the realities of migrant women living with HIV in South Africa.

Thailand: Key population-led organisations deliver HIV prevention and treatment services to migrants

Thailand’s HIV policies benefit migrants, including Filipinos

In December 2021, Ed (not his real name), a migrant Filipino in Thailand suspected that he had contracted HIV due to symptoms such as herpes, fever, and weight loss. After conducting a quick Google search and reaching out to HIV advocates in the Philippines, he was referred to Rainbow Sky Association of Thailand (RSAT) in Ramkamhaeng, Bangkok. RSAT is a registered community organization that collaborates with people with sexual diversity in Thailand.

Like many in the LGBT community, Ed is aware that society is quick to condemn them due to their sexual and gender orientation, particularly among migrant Filipinos.

In earlier years, HIV was commonly referred to as the “OFW (Overseas Filipino Workers) disease” due to cases among seafarers and migrant Filipinos who were infected under different circumstances while abroad. It was also seen as a “gay disease.”
In 2022, there were approximately 14.97 thousand reported cases of HIV/AIDS in the Philippines, the highest since 2016. According to aidsdatahub.org, the Philippines has an estimated 140,000 people living with HIV (PLHIV). On average, there were 42 newly diagnosed Filipinos in 2022, which was several times higher than the average of nine in 2012.

Although Thailand has had successful campaigns against HIV, there are still an estimated 520,000 people living with HIV (PLHIV) and 6,500 new infections in 2021, but it already fell 58% compared to previous years. The numbers include migrant workers seeking treatment or undergoing testing in clinics nationwide.

Filipino Migrants and HIV

With over 17,000 Filipinos in Thailand where an undisclosed numbers do not have an insurance or health care coverage under Social Security (SSO), seeking treatment for HIV maybe expensive.

“Medication can cost up to 10 thousand baht (USD 250) per month,” said Kao Kierati Panpet, Deputy Director for Bureau of Health Service Provision of RSAT.

The first month is free for foreigners, then they are referred to hospitals to seek further treatment.

RSAT has an average of 60 clients a day, of which 15-20 are PLHIV. The organization has over a hundred foreign clients some of whom are getting free treatments while others are referred to hospitals. However, due to stigmatization and discrimination their nationalities are undisclosed.

“We do not discriminate between undocumented and documented workers. We understand and accept cultural differences and gender roles. We are a society of people of different genders, races, ethnicity, classes, religions, sexual orientation, disabilities or socio-economic status. Rainbow is a safe place for them,” she said.

Ed has no insurance, yet he is able to avail of free services from RSAT.

“All my tests were done at RSAT. I was assisted by their staff and endorsed in a public health center,” Ed explained.

The Bangkok Metropolitan Authority (BMA), a partner of RSAT shoulders the medication of migrants who cannot afford the treatment.

Stigmatization and Discrimination

Dr. Jon Fontilla, former country coordinator of Australian Federation of AIDS Organization (AFAO-Bangkok) said that Thailand and the Philippines are tolerant to the LGBT rather than accepting, but it has limitations.

Thailand is more accepting of gender diversity, acknowledging that gender is not binary or just male and female. This is probably due to the different religious backgrounds of the two countries, with Buddhism being more gender-affirming than Catholicism, according to Dr. Fontilla.

In Thailand, society does not discriminate against the clothes people wear in public. It is also more common to see LGBTQI couples holding hands in public places.

But members of the community still experience discrimination.

Darel Magramo, a teacher, recalled being mocked by a group of teen boys in a male restroom in a Bangkok mall. Magramo wore a crop top, and their friend wore a sleeveless top. The boys began to groan and act like they were having anal sex when they noticed them approaching the restroom. Even after they left the restroom, the boys followed them and continued moaning, leaving them frightened and trembling.

Gay men, men having sex with men (MSM), and transgender women (TWG) are often stereotyped as promiscuous.

Due to stigma, which particularly affects the LGBTQI community, Ed’s situation wasn’t known to his family, friends, or even employer. He fears losing his job.

In a UNDP study in 2020 found out that stigmatization among TWG in Thailand are due to cultural beliefs such as karma and most TWG, if not all, are into sex work.

“While there are different laws on prostitution in both countries, sex work in Thailand seems to be more out in the open. This plays a part in HIV in that program people know and can easily reach these sex workers offering them health programs such as testing and PreP without stigma and discrimination. This encourages sex workers to use services and take better care of themselves. Some even promote their usage of condoms and PrEP (pre-exposure prophylaxis) in sex work and routine HIV testing, according to Dr. Fontilla,” Dr Fontilla explained.

PrEP is a daily medicine taken by an HIV-negative person to prevent contracting the virus.

Government policies and commitment

In the Philippines, the Philippine HIV and AIDS Policy Act of 2018 (RA 11166) includes provisions for minors to get HIV tests without parental consent, strengthening HIV/AIDS education to reduce stigma and discrimination, counseling for PLHIV families, increased protections against discrimination, expanding access to evidence-based prevention strategies, and improving HIV and AIDS care and treatment provisions. Under SDG-related benefits, PhilHealth insurance also covers HIV treatment.

The Commission on Human Rights (CHR) and the Department of Justice (DOJ) issued Joint Administrative Circular Order No. 1 in 2021 to establish uniform rules on redress mechanisms for PLHIV. As such, the Public Attorney’s Office (PAO) provides assistance to PLHIV relating to their labor concerns and others.

Thailand does not have specific laws on PLHIV, yet it has implemented several best practices to end AIDS, including legalizing over-the-counter sales of HIV self-test kits, scaling up same-day treatment initiation for newly diagnosed people, and successfully rolling out a pre-exposure prophylaxis (PrEP) program. This has become a mechanism for sustainable HIV response financing by significantly increasing investments in key population- and community-led health services. Key population-led services are now supporting 82% of HIV pre-exposure prophylaxis (PrEP) users. Key population-led organizations are delivering health services in Bangkok, and they are essential in providing access to HIV prevention and treatment services without fear of discrimination.

The Thai government has increased the budget for HIV and AIDS services each year. In 2021, the National Health Security Office (NHO) received around 3.67 billion baht to cover HIV and AIDS services under Universal Health Coverage (UHC). The Global Fund also signed USD 61 million for 2021–2023 in the fight against HIV and tuberculosis (TB) by reaching more people in key populations who bear a disproportionate burden of these diseases. The allocation of the national budget has increased over time to support community-led organizations working with PLHIV.

End inequalities, end AIDS

After a year and half of ART (anti-retroviral therapy), Ed has reached 20 copies per milliliter of blood which is now undetectable. Undetectable means that the virus can no longer be passed on, but he remains PLHIV.

Darel, meanwhile, always undergoes a routine HIV testing to reduce the stigma and to encourage the young people to have themselves tested not only for HIV but for other sexually transmitted diseases.

The UNAIDS launched the Global AIDS Strategy 2021-2026, called “End Inequalities. End AIDS.” This strategy aims to use an inequalities lens to close the gaps that are preventing progress towards ending AIDS. The Global AIDS Strategy prioritizes reducing inequalities that drive the AIDS epidemic and aims to get every country and community on-track to end AIDS as a public health threat by 2030.

France: Hôtel-Dieu hospital in Paris offers migrants free tests for STIs, hepatitis B and C and HIV

Free sexual health checks for migrants at Paris hospital

The Hôtel-Dieu hospital in Paris offers checks for sexually transmitted infections (STI) such as chlamydia, gonorrhea, syphilis, hepatitis B and C and HIV. The service is free and open to all, including undocumented migrants without healthcare coverage in France.

Herman, 27, just did a blood test in the Hôtel-Dieu hospital’s sexual health department, in the center of Paris. He will get the results in a week.

“My girlfriend asked me to do an HIV test,” says the young Guinean who has been in France for three years. “She lost her mother when she was very young, and she recently learned her mother died of AIDS. She did the test a month ago and it was negative. Now it’s my turn. None of my girlfriends were sick that I know of, but I prefer to check.” AIDS is the autoimmune disease one can develop after becoming infected with HIV.

In this health center of the Paris hospital network, STI checks are free and anonymous. “We accept all, without conditions,” says Dr. Florence, co-administrator of the center. There is no need to have healthcare coverage to get treated here. Undocumented migrants have as much of a right to access to this service as other people.

Free with or without an appointment

The center has a phone translation service, allowing it to welcome foreigners who do not speak French.

“People can get an appointment by email (in French and in a foreign language) or on Doctolib, or come here without an appointment,” says Dr. Florence.

In the center, a team made up of a dermatologist, gynecologist, a psycho-sexologist, nurse, a couple’s counsellor and a social worker offer STI checks and treatments to prevent infections. They can prescribe Pre-Exposure Prophylaxis (PrEP), a pill which can prevent one from getting HIV. They also offer specialized medical consultations, but those are not always free.

Keeping Hepatitis B under a close watch

The center can give treatment for syphilis, hepatitis B and C, and HIV.

“The number of hepatitis B cases is more significant in Sub-Saharan Africa and South-East Asia,” says Dr. Delphine Mattei, who does day consultations. Migrants coming from those regions are particularly exposed to those infections.

Blood tests are useful to know if the patient was infected with hepatitis B and healed from it, or if they are chronically ill, so that they can be followed or simply kept under watch if the disease is dormant. “One should not hesitate to ask their partner to get vaccinated [there is a vaccine against hepatitis B],” adds Dr. Mattei.

Self-testing kits for HIV detection

According to French health statistics, many migrants get infected with HIV after arriving in France, after unprotected sex.

Traditional blood test or rapid tests at the center are ways to detect the virus. “We also have self-testing testing kits [from a blood drop] that people can take home to for their partner, relatives or friends to do it from their homes,” adds Dr. Florence.

Last year, some 37 HIV cases were detected in the center, a quarter of which were pregnant women. The women were tested during their pregnancy check-ups.

The center is next to a pregnancy center (centre de protection maternelle (CPM) Cité) where many pregnant women experiencing poverty or homelessness seek medical, psychological, and social care.

Migrant women are particularly at risk of being infected with HIV in France. Economic precarity makes them particularly vulnerable to sexual violence in France, which multiplies their risk of contracting HIV by four, according to a 2018 study.

The sexual health center staff is also trained to recognize violence and can offer psychological help if need be.

HIV remains taboo among African migrants

In some cases, when pregnant women are accompanied by their partner, the partner also accepts to get tested. But the medical staff wish they would do that more often. “HIV is still taboo for some people, especially in Africa. People are afraid of being stigmatized and rejected in their family, so they do not get tested,” says Dr. Florence.

“Today, many people live healthy lives with the virus without transmitting it to their partner thanks to medical treatment,” says the doctor. “If people do not get tested, the virus can worsen, and they risk transmitting it to others.”

“There’s no shame in getting an STI when one has an active love life,” says Dr. Florence. The most important is to wear a condom with the new partner from the beginning to the end of intercourse and to get tested regularly when you change sexual partners.”

Other less well-known STIs such as chlamydia and gonorrhea are also often detected and treated at the sexual health center.

Those STIs do not always provoke symptoms, such as urinary pain or a burning sensation or unusual yellow discharge for women. Nevertheless, those two STIs need to be taken seriously because they can cause infertility for women and testicular infections for men. They are detected by sampling urine and swabbing the vagina, throat, or anus.

One can get STI tested and treated for free in France at any CeGIDD, and in many other places. Here is a website where you can find a place near you.

Hôtel-Dieu’s sexual health center

Phone: 0142348300 / Email : css.paris.htd@aphp.fr

Hours : From 9 am to 7 pm from Monday to Friday, excepted Tuesday (open from 1:30 pm to 7 pm) with or without an appointment

Address : Hôtel Dieu, 1 place du Parvis Notre-Dame (6th floor – galerie A1), Paris. Metro stop : Cité (line 4) / Hôtel de Ville (lines 1 and 11) / Châtelet (lines 1, 4, 7 et 14).

Russia: Court finds refusal to let migrant woman stay in Russia because of her HIV status unlawful

Court in Krasnodar invalidates refusal to allow a foreigner with HIV to stay in Russia

Translated via Deepl.com. For original article in Russian, please scroll down.

The Krasnodar Territory Department of the Russian Federal Consumer Rights Protection and Human Health Control Service decided that Uzbek citizen X. was undesirable in Russia because of her HIV positive status. The Leninskiy Court in Krasnodar found the ban discriminatory and unlawful.

The foreigner went to court to challenge the decision to ban her from staying in Russia, pointing out that her parents, brother and sister reside in Russia and have Russian citizenship, and she has never violated the law. When Rosia appealed to Rospotrebnadzor to cancel the decision, they replied that the procedure for cancellation or suspension under this category was not regulated by law and that the contested decision could only be cancelled on the basis of a court decision.

The court found that under the law On the Prevention of the Spread of Disease Caused by HIV in the Russian Federation, foreigners and stateless persons with such status may stay in the country if they do not violate administrative and criminal law. The Russian Constitutional Court has also confirmed the illegality of such restrictions.

As a result, the Leninskiy Court in Krasnodar ordered the regional department of Rospotrebnadzor to reverse the decision on the undesirability of the Uzbekistani citizen, who is now allowed to enter the country.

Суд в Краснодаре признал незаконным отказ во въезде в Россию иностранке с ВИЧ

Управление Роспотребнадзора по Краснодарскому краю приняло решение о нежелательности нахождения в России гражданки Узбекистана Р.Р. из-за ее положительного ВИЧ-статуса. Ленинский суд Краснодара признал запрет дискриминационным и незаконным.

Иностранка обратилась в суд, оспаривая решение о запрете пребывания в России, указав: ее родители, брат и сестра проживают в России и имеют российское гражданство, она ни разу не нарушала законодательство. Когда Розия обратилась в Роспотребнадзор с требованием отменить решение, там ответили – порядок отмены или приостановления по этой категории законодательно не урегулирован и отмена оспариваемого решения возможна только на основании решения суда.

Суд установил, что по закону “О предупреждении распространения в Российской Федерации заболевания, вызываемого ВИЧ” иностранцы и лица без гражданства с подобным статусом могут находиться в стране, если не нарушают административное и уголовное законодательство. Незаконность такого ограничения подтверждает и Конституционный суд России.

В итоге Ленинский суд Краснодара обязал региональное управление Роспотребнадзора отменить решение о нежелательности пребывания гражданки Узбекистана, которой теперь разрешен въезд в страну.

Cyprus: Decision to deport HIV positive student on the grounds of “carrying an infectious disease” is reversed

Deportation of HIV student halted after uproar

The civil registry and migration department on Saturday responded to being lambasted for ordering the deportation of a third-country student because he was HIV positive, saying they would be issuing him a residence permit under certain health conditions.

The Aids Solidarity Movement earlier in the day condemned the deportation order, labelling it an act of “severe discrimination” and calling for the reversal of the decision.

According to the statement, the student was informed by the civil registry and migration department on March 16 by letter that he would be deported on March 21 on the grounds of “carrying an infectious disease”.

The movement said that this decision completely ignored letters of support from both the Gregorios treatment centre and the Solidarity Movement itself, as well as the guidelines of the World Health Organisation, which state “that when a person living with HIV has an undetectable viral load, due to the effective medication they receive, they cannot transmit the virus, even through unprotected sex”.

“The student has access to medication from his country, does not burden the state in any way in relation to his antiretroviral treatment or medical supervision, and does not pose a risk to public health,” the statement added.

Moreover, with the student’s written consent, the movement sent his medical results, along with a note from Doctor Ioannis Demetriades, the head of the Gregorios Clinic and the head of the ministry of health’s HIV and Aids programme, to the migration department’s acting director, asking that the student be allowed to complete his studies.

“We denounce this serious discrimination based on the HIV status of an individual and demand the immediate change of the decision from all the competent bodies of the state that support human rights,” the statement concluded.

Later on Saturday a statement from the migration department said it would in the end be issuing the residence permit after receiving a confirmation from the competent medical services of the state that the student was not contagious.

The condition of the permit is that the student receive regular health checks at the Gregorios Clinic.

It added that it had only been following the law, which “prohibit entry into the country, or carry out deportations for those persons who are carriers or suffer from communicable or infectious diseases and which are a danger to public health”.

Cyprus: Migration Department cancels deportation of undetectable HIV-Positive student after backlash

Deportation of HIV student halted after uproar (Updated)

The Aids Solidarity Movement earlier in the day condemned the deportation order, labelling it an act of “severe discrimination” and calling for the reversal of the decision.

The condition of the permit is that the student receive regular health checks at the Gregorios Clinic.

Russia: Laws that restrict migrants with HIV and deny them medical care increases the burden on the health care system

Legal barriers to migrants with HIV are not working

Automated translation via Deepl.com. For original article in Russian, please scroll down.

Laws that restrict the stay of foreign nationals with HIV, as well as the denial of free medical care, may be one of the causes of a hidden epidemic, writes the EECA Regional Platform.

The Regional Expert Group on Migrant Health conducted research in two EECA countries, Armenia and Uzbekistan. The aim was to identify the legal barriers to HIV faced by citizens of the countries who have returned from migration.

Challenges for migrants with HIV

Social isolation and stigmatization, lack of permanent relationships, language barriers, unstable material resources, and limited access to health care services are the main challenges faced by labour migrants with HIV.

Inability to obtain a legal patent because of HIV infection leads to administrative offences:

Among migrants: illegal labour activities, commercial sex services
Among the citizens of host countries: illegal sale of patents and HIV certificates etc.

The problem with getting ARV treatment leads to resistance and a general deterioration of the health of migrants living with HIV. This ultimately increases the burden on the health care system: patients’ opportunistic infections need to be intensified, ART regimens need to be changed, etc. Moreover, returning migrants contribute to the spread of HIV in their home countries.

Currently, the Russian Federation, which receives the largest number of migrants from the EECA region, is one of 19 countries that restrict the stay of foreign nationals with HIV. People living with HIV entering Russia specify visiting relatives, tourism/travel or medical treatment as the purpose, rather than employment.

At the end of 2021, a law came into force in the Russian Federation which requires foreign nationals to be tested for HIV, banned substances and dangerous infectious diseases every 3 months. But foreign business associations, as well as the media, have reacted quite sharply to the Russian law. The business community sent a letter to the Russian Government asking it to simplify the rules and not to subject highly qualified specialists to testing.

Законодательные барьеры для мигрантов с ВИЧ не работают

Законы, которые ограничивают пребывание в стране иностранных граждан с ВИЧ, а также отказ в бесплатной медицинской помощи, могут быть одной из причин скрытой эпидемии, пишет Региональная Платформа ВЕЦА.

Региональная экспертная группа по здоровью мигрантов провела исследование в двух странах ВЕЦА — Армении и Узбекистане. Целью было определить правовые барьеры в связи с ВИЧ, с которыми сталкиваются граждане стран, вернувшиеся из миграции.

Проблемы мигрантов с ВИЧ

Социальная изоляция и стигматизация, отсутствие постоянных отношений, языковой барьер, нестабильный материальный уровень, ограниченный доступ к медицинским услугам — основные проблемы, с которыми сталкиваются трудовые мигранты с ВИЧ.

Невозможность получения легального патента из-за наличия ВИЧ-инфекции ведет к административным правонарушениям:

среди мигрантов: незаконная трудовая деятельность, коммерческие секс-услуги;
среди граждан принимающей страны: нелегальная продажа патентов и сертификатов об отсутствии ВИЧ-инфекции и т.д.

Проблема с получением АРВ-терапии приводит к резистентности и общему ухудшению здоровья мигрантов, живущих с ВИЧ. Это в конечном итоге повышает нагрузку на систему здравоохранения: необходимо усиливать лечение оппортунистических инфекций пациентов, менять схему АРВТ и т.д. Более того, вернувшиеся домой мигранты способствуют распространению ВИЧ в своих странах.

В настоящее время Российская Федерация, принимающая наибольшее количество мигрантов из региона ВЕЦА, является одной из 19 стран, которые ограничивают пребывание иностранных граждан с ВИЧ. Люди, живущие с ВИЧ, въезжая в Россию, указывают в качестве цели не трудоустройство, а посещение родственников, туризм/путешествие или лечение.

В конце 2021 года в РФ вступил в силу закон, согласно которому иностранные граждане обязаны каждые 3 месяца сдавать анализ на ВИЧ, запрещенные вещества и опасные инфекционные заболевания. Но зарубежные бизнес-ассоциации, а также СМИ достаточно остро отреагировали на российский закон. Бизнес-сообщество направило письмо в Правительство РФ с просьбой упростить правила и не подвергать проверке высококвалифицированных специалистов.

Russia: Medical documents showing negative HIV status and no drug addiction required for stays over 90 days

Migrants may be required to provide the Ministry of Internal Affairs with a certificate of the absence of HIV infection

Automated translation – For original article in Russian, please scroll down

MOSCOW, November 19. / TASS /. Labor migrants and foreign citizens who have arrived in Russia for a period of more than 90 days may be obliged to provide the Ministry of Internal Affairs with medical documents showing the absence of drug addiction and HIV infection from December 29. This follows from the draft order prepared by the Ministry of Internal Affairs of the Russian Federation, which was reviewed by TASS.

“To approve the procedure for submission by foreign citizens and stateless persons who arrived in the Russian Federation for purposes not related to the implementation of labor activities, for a period exceeding 90 calendar days, or for the purpose of labor activity, to the territorial body of the Ministry of Internal Affairs of the Russian Federation <…> documents confirming the passage of a medical examination for the presence or absence of the fact of their use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, infectious diseases that pose a danger to others, <…> and a disease caused by the human immunodeficiency virus (HIV -infection) “, – the document says. At the same time, it is noted that “this order comes into force on December 29, 2021”.

As follows from the document, foreigners must submit medical documents to the Ministry of Internal Affairs within 30 days from the date of expiration of the previously issued medical documents confirming that they have passed a medical examination. In the event that a foreign citizen has not reached the age of 18 or is recognized by a court as incompetent, documents can be submitted by one of his parents, guardians or trustees.

“Medical documents can be submitted at the place of residence of a foreign citizen on paper – directly to the migration department of the territorial body of the Ministry of Internal Affairs of Russia, or to an enterprise or an authorized organization, or in the form of an electronic document signed with an enhanced qualified electronic signature, using the federal state information the system “A single portal of state and municipal services (functions)” to the territorial body of the Ministry of Internal Affairs of Russia, “the draft order says.

In the event that the documents are drawn up in a foreign language, then they must be translated into Russian, the correctness of which must be notarized. Upon admission, the authorized person must check the full compliance of the documents with the established standards, and then issue a certificate of receipt. At the same time, if a migrant submits medical documents in electronic form, then an electronic message is sent to him about their acceptance no later than the working day following the day they were received. Subsequently, information about the receipt of medical documents is entered into the information system of the Ministry of Internal Affairs of Russia, intended for the provision of public services, within three working days from the date of their receipt.

Мигрантов могут обязать предоставлять в МВД справки об отсутствии ВИЧ-инфекции

Приказ может вступить в силу 29 декабря

МОСКВА, 19 ноября. /ТАСС/. Трудовых мигрантов и иностранных граждан, прибывших в Россию на срок более 90 дней, могут обязать с 29 декабря предоставлять в МВД медицинские документы об отсутствии у них наркозависимости и ВИЧ-инфекции. Это следует из подготовленного МВД РФ проекта приказа, с которым ознакомился ТАСС.

“Утвердить порядок представления иностранными гражданами и лицами без гражданства, прибывшими в РФ в целях, не связанных с осуществлением трудовой деятельности, на срок, превышающий 90 календарных дней, либо в целях осуществления трудовой деятельности, в территориальный орган МВД РФ <…> медицинских документов, подтверждающих прохождение медицинского освидетельствования на наличие или отсутствие факта употребления ими наркотических средств или психотропных веществ без назначения врача либо новых потенциально опасных психоактивных веществ, инфекционных заболеваний, представляющих опасность для окружающих, <…> и заболевания, вызываемого вирусом иммунодефицита человека (ВИЧ-инфекции)”, – говорится в документе. При этом отмечается, что “настоящий приказ вступает в силу с 29 декабря 2021 года”.

Как следует из документа, представить медицинские документы в МВД иностранцы должны в течение 30 дней со дня истечения срока действия ранее выданных медицинских документов, подтверждающих прохождение ими медицинского освидетельствования. В случае, если иностранный гражданин не достиг 18 лет или признан судом недееспособным, документы может представить один из его родителей, опекунов или попечителей.

“Медицинские документы могут быть представлены по месту пребывания иностранного гражданина на бумажном носителе – непосредственно в подразделение по вопросам миграции территориального органа МВД России, либо в предприятие или уполномоченную организацию, либо в форме электронного документа, подписанного усиленной квалифицированной электронной подписью, с использованием федеральной государственной информационной системы “Единый портал государственных и муниципальных услуг (функций)” в территориальный орган МВД России”, – отмечается в проекте приказа.

В том случае, если документы составлены на иностранном языке, то они подлежат переводу на русский язык, верность которого должна быть нотариально засвидетельствована. Уполномоченное лицо при приеме должно проверить полное соответствии документов установленным нормам, после чего выдать справку об их получении. При этом, если мигрант подает медицинские документы в электронном виде, то ему направляется электронное сообщение об их приеме не позднее рабочего дня, следующего за днем их получения. В последующем сведения о получении медицинских документов вносятся в информационную систему МВД России, предназначенную для предоставления государственных услуг, в течение трех рабочих дней с даты их получения.

New Zealand: HIV no longer blocks residency in New Zealand, but mandatory testing stays

Immigration removes HIV from list of high cost conditions

HIV is no longer considered a high cost condition following a policy review by the Immigration Minister. However, NZ is still among just 18 countries that will require migrants to get an HIV test for a visa or residence.

HIV infection has been removed from Immigration New Zealand’s list of medical conditions deemed likely to impose significant costs or demands on New Zealand’s health services after a review.

Immigration NZ has a list of more than 40 medical conditions, including HIV, deemed to impose “significant costs” on the public health system and/or education services.

Migrants seeking to apply for a work to residence visa have to complete a character test, which includes a police check, as well as a medical check known as the Acceptable Standard of Health (Ash) test.

New Zealand’s publicly-funded health services are tax-funded and provide universal coverage for citizens, residents, and people on work visas staying for more than two years.

An Immigration NZ medical assessor determines whether the applicant is unlikely to impose significant costs on health services to pass the medical test. If applicants don’t meet the Ash requirements then they can seek a medical waiver.

For more than a decade, Immigration NZ has kept the threshold of “significant costs” at $41,000 per year within a period of five years from the date the assessment against health requirements is made or a lifetime if it is a chronic condition.

After years of advocacy, Immigration NZ has decided to remove HIV infection from the list.

However, New Zealand will continue to require HIV testing as a requirement for visa applicants intending to stay for more than 12 months, along with all other existing examination and test requirements.

INZ policy integration director Nick Aldous says the decision to remove HIV infection from Immigration NZ’s list of high-cost health conditions is because it is now considered to be a manageable chronic illness, and treatment costs are no longer considered significant.

However, Aldous says the continued testing requirement for visa applicants intending to stay in the country for more than a year is because HIV is still considered a serious chronic illness and can present a risk to public health given it’s easily spread through unprotected sexual contact and sharing contaminated needles.

The change came into effect on October 15.

According to the United Nations AIDS Still Not Welcome report published in 2019, 203 countries, territories and areas did not have any HIV-related restrictions on entry, stay and residence.

“We are so glad that the tireless mahi over many years has resulted in this step towards dismantling HIV stigma at an immigration level and has brought our country’s policies closer in line with the latest scientific and public health recommendations. It’s a proud moment.”
– Jason Myers, New Zealand AIDS Foundation

New Zealand is among 18 countries that still did, including Australia and Israel.

In a letter to the New Zealand AIDS Foundation, Immigration NZ chief medical officer Rob Kofoed said the removal of HIV infection from the list meant the individual health circumstances of each visa applicant with the condition could be assessed on a case by case basis.

INZ was previously obliged to determine that a resident visa applicant with HIV did not have an acceptable standard of health.

New Zealand AIDS Foundation chief executive Jason Myers said the decision came as a relief.

With appropriate treatment, he said, people living with HIV who maintained undetectable viral load do not transmit the virus through sexual contact, and treating HIV here no longer poses significant costs on the public health budget.

“We are so glad that the tireless mahi over many years has resulted in this step towards dismantling HIV stigma at an immigration level and has brought our country’s policies closer in line with the latest scientific and public health recommendations. It’s a proud moment.”

Myers did not comment on the requirement for testing still being part of the visa and residence process.

An Indian migrant, who did not want to be named, told Newsroom he is relieved by the news.

The man who was tested positive for HIV last year says INZ’s policy added to the anxiety and uncertainty he felt when he first learnt of his diagnosis.

“There is still a lot of stigma attached to it back home. I had many sleepless nights. I didn’t know how to tell my family back home, or work,” he says.

“I contacted lawyers last year who told me it is going to be really hard to apply for residency because it’s not up to acceptable health standards.”

But the man says removing the condition from the high cost list was “life changing” for him.

“I feel like the battle is finally over. No more having to convince immigration and the Ministry of Health. I think it’s a celebration for migrants.”

But he says INZ should do away with the ongoing requirement of testing for HIV, as it has removed it from the list of medical conditions.

“It’s irrelevant. If they’re removing it from the list, then why would you want to do the test? That’s not clear to me.”

Green Party MP Ricardo Menéndez March is seeking a full review of the “ableist” medical requirements from Immigration Minister Kris Faafoi.

Menéndez March said ideally the list should be removed from the health criteria qualifying residency, saying he was disappointed that migrants would still be required to undertake HIV tests for visas.

“For too long the Government has stigmatised migrants living with HIV and prevented them from being able to obtain visas on the basis of their diagnosis.

“Mandatory HIV testing for migrants only compounds to the existing stigma and the Ministry of Health released a report making it clear HIV testing should remain voluntary and only undertaken with the patient’s knowledge, consent and understanding that an HIV test is recommended.”

Disability advocates have also been calling on INZ to remove these medical requirements.

Faafoi told Newsroom last week he planned to review the Ash threshold.

“The details of the health requirements are still being worked through and will be made publicly available once immigration instructions have been signed.”

The Ash requirements for the newly announced one-off 2021 Resident Visa would not be reviewed, he said.

“The health requirements will be limited and will only screen for the most serious health conditions.”