{"id":9334,"date":"2019-10-22T07:10:50","date_gmt":"2019-10-22T11:10:50","guid":{"rendered":"http:\/\/plataformalac.org\/?p=9334"},"modified":"2019-10-25T04:11:24","modified_gmt":"2019-10-25T08:11:24","slug":"new-law-on-aids-in-costa-rica-are-we-moving-forward-or-backwards","status":"publish","type":"post","link":"https:\/\/plataformalac.org\/en\/2019\/10\/new-law-on-aids-in-costa-rica-are-we-moving-forward-or-backwards\/","title":{"rendered":"New Law on AIDS in Costa Rica: Are we moving forward or backwards?"},"content":{"rendered":"\n

Source:<\/strong> corresponsalesclave.org<\/a><\/p>\n\n\n\n

In the\nsearch for a modern law for the HIV response in Costa Rica, a text that might\ncompromise women\u2019s freedom is being discussed these weeks.<\/h4>\n\n\n\n

By<\/strong>\nL\u00eddice L\u00f3pez Toc\u00f3n<\/p>\n\n\n\n

A new Law on HIV is being discussed\nsince 2014 in Costa Rica. This law aims at addressing the new challenges and\ndynamics of the epidemics in the country, with gender, diversity and human\nrights approaches as its foundations. However, the human rights-based approach\nseems to be tottering regarding women\u2019s situation.<\/p>\n\n\n\n

In the past few months, the inclusion of\nkey populations\u2014specially trans women and men who have sex with men\u2014and the\ngender approach in the regulation\u2019s wording were discussed. Legislators, civil\nsociety organizations and activists had to fight in a public debate to\nguarantee the rights of people most affected by the epidemics, dealing with\nreligious groups and conservative people who seek to cut off the rights of some\ngroups. That debate is already over. Nevertheless, women\u2019s right to information\nand self-determination is at risk.<\/p>\n\n\n\n

\"\"
A new section of the law would force all pregnant women to get tested for HIV, without their informed consent.<\/figcaption><\/figure><\/div>\n\n\n\n

<\/a>Article 23 of the original bill included\nexceptions to consent for HIV tests in two cases: \u201c(a) When a person has been\nappointed as guarantor, this person will decide whether or not to get tested by\nusing this safeguard, and (b) When people want to donate human biological\nproducts, including blood, ovules, blood products, breast milk, semen, organs\nand tissue.\u201d Nevertheless, through a motion, a new section is expected to be\nincluded in the article, which would force all pregnant women to get tested for\nHIV, without their informed consent.<\/p>\n\n\n\n

Christian and conservative factions\nstate the fetus should be protected over women\u2019s right to information and\nfreedom.<\/p>\n\n\n\n

The introduction of this section could\ncreate obstacles for the HIV response or reinforce stigma and discrimination,\nwhich contravenes the commitments made by Costa Rica in the Political\nDeclaration on HIV and AIDS in 2016.<\/p>\n\n\n\n

On a Technical Information Note the UN\nOffice sent the Congress a few months ago, the reasons why voluntariness to get\ntested must be ensured for everyone are listed: \u201cWillingness to get tested\nand informed consent [\u2026] are among the foundations of HIV care and of a human\nrights-based response, being part of international standards on this topic.\nBased on experience, evidence shows that forcing women to get tested has\nadverse effects; plus, it does not contribute to increasing diagnosis and the subsequent\nadherence to treatment, being rather a hindrance thereto. [\u2026] As for pregnant\nwomen, there are international recommendations and agreements that explicitly\nstate the need to remove\/avoid compulsory testing for pregnant women from and\nin legislations, as well as the recommendation of ensuring conditions that will\nencourage these women to get tested, such as information, guidance and\ncomprehensive counseling. [\u2026] If these conditions are ensured, it is very unlikely\nthat women will refuse to get tested for HIV.\u201d<\/em><\/a><\/p>\n\n\n\n

Different women organizations and human\nrights defenders have rejected this section and have claimed the State is\ncompelled to provide tests after providing information, educating and offering\nthe choice to get tested. However, these obligations are not being complied with.<\/p>\n\n\n\n

We talked to Guiselly Flores<\/strong>, President\nof the Peruvian Network of Women with HIV. Based on her experience, she told us\nthat \u201cIn light of this regulation, the situational analysis and interviews\norganizations of women with HIV have carried out regarding this topic show that\nforced testing has been a tool for discriminating and exercising violence\nagainst pregnant women.\u201d<\/em><\/p>\n\n\n\n

Flores added that violence suffered by\npregnant women forced to get tested without their consent has various\ndimensions. \u201cObstetric violence, because health facilities are the first\nplace where they are diagnosed; therefore, under this regulation, tests are\nquickly conducted without consent and proper counseling. Mistreatment continues\nduring pregnancy controls, labor and postpartum. Violence from the partner can\nbe seen as well, since women apparently get diagnosed first (though it is not\nreally that way) and are accused of being unfaithful or promiscuous. It will be\nmuch more difficult for them to negotiate safest sexual relationships, and they\nwill become the subject of constant mistreatment. If their partner is\nserodiscordant (he does not live with HIV), violence becomes worse. There is\nalso family and social violence because the regulation hastens information processes\nat the expense of confidentiality with respect to the family and community\ncontexts. For instance, women will be questioned for avoiding breastfeeding and\nwill be excluded from family reunions.\u201d<\/em><\/p>\n\n\n\n

The experience of the Peruvian Network\nof Women with HIV regarding its work with women with HIV reinforces what UN agencies\nand other international organizations anticipated. For this renown activist,\nlaws as those expected to be implemented in Costa Rica\u2014which are in force in\nPeru\u2014are counterproductive for the objectives of the HIV response and global\ngoals we want to achieve, particularly regarding the elimination of vertical\ntransmission.<\/p>\n\n\n\n

\u201cWe can clearly understand why many of\nour fellow pregnant women with HIV have run away from health services. They\nprefer giving birth with midwives or they attend private facilities. We know\nthat some of them have been harassed by health workers when they have not\nreturned to the facility, and they have been threatened with being reported to\nthe district attorney,\u201d<\/em>\nsaid Guiselly Flores<\/strong>.<\/p>\n\n\n\n

The bill is being discussed in Costa\nRica\u2019s Assembly of Deputies. We still have time to call for evidence-based\ndecision-making, not based on biases. People\u2019s rights must be at the center of the\nHIV response.<\/p>\n\n\n\n

All articles can be shared and\npublished provided the source is cited.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: corresponsalesclave.org In the search for a modern law for the HIV response in Costa Rica, a text that might compromise women\u2019s freedom is being discussed these weeks. By L\u00eddice L\u00f3pez Toc\u00f3n A new Law on HIV is being discussed since 2014 in Costa Rica. This law aims at addressing the new challenges and dynamics […]<\/p>\n","protected":false},"author":1,"featured_media":9241,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[66,74],"tags":[],"anho":[],"autor":[],"publicado_por":[],"palabras_clave":[],"class_list":["post-9334","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-about-response-aids-tb-malaria","category-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/posts\/9334","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/comments?post=9334"}],"version-history":[{"count":0,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/posts\/9334\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/media\/9241"}],"wp:attachment":[{"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/media?parent=9334"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/categories?post=9334"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/tags?post=9334"},{"taxonomy":"anho","embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/anho?post=9334"},{"taxonomy":"autor","embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/autor?post=9334"},{"taxonomy":"publicado_por","embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/publicado_por?post=9334"},{"taxonomy":"palabras_clave","embeddable":true,"href":"https:\/\/plataformalac.org\/en\/wp-json\/wp\/v2\/palabras_clave?post=9334"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}