Minister explains new AIDS law
Yesterday we reported on a series of measures approved by Cabinet to prohibit a person from knowingly spreading the AIDS virus. Minister of Human Development and head of the National AIDS Commission, Dolores Balderamos Garcia, says the new initiative will take the form of an amendment.
Dolores Balderamos Garcia, Min. of Human Dev.
“An amendment to the criminal code that will criminalise the knowing transmission of HIV, would call the attention of persons that they cannot carry on with reckless behaviour.”
Ann-Marie Williams
“DO you see this as a deterrent to people being tested?”
Dolores Balderamos Garcia
“Not really. I think that our campaign must continue, and I want to assure the general public that we’re not taking away anybody’s human rights by passing this piece of legislation. What we’re basically saying is that if you are going to do this kind of thing, then you will pay the penalty. Yesterday Mr. Rodel Beltran Perera did mention that in their counselling and in the work that the Alliance Against AIDS does, they have noticed that a lot of people, when they get into the rage and the anger and the denial, when they find out they are HIV, say “well if I’m going to die I’m gonna take a bunch of people with me.” That is why we have to call serious attention to persons who might engage in risky behaviour.”
Ann-Marie Williams
“If someone has been found guilty, they could go to prison for up to ten years after it becomes law. Are there any plans to maybe set aside a special section of the prison to put these people because where will they go?”
Dolores Balderamos Garcia
“Like I said, it’s not going to happen overnight. Somebody has to come forward and make a complaint. Then it has to be properly investigated, there has to be a court case, and yes, indeed if someone is convicted, the sentence is up to ten years for a sexual assault. Now, if this person is HIV positive and in prison, then one must still try to preserve the confidentiality of the person as much as possible because we all have basic human rights. But if it is known, then again, that person has to see counselling, that person has…”
Ann-Marie Williams
“But you also have to try to quarantine them too because you don’t want them to go in there and spread it.”
Dolores Balderamos Garcia
“Well, one would hope that after being convicted, the person would have had that wakeup call. But yes, we have a responsibility as a government to try to preserve the life of every HIV positive person, every person living with HIV or AIDS.”
The law will also provide that, in the public interest, a person cannot consent to acts which cause bodily harm, such as the transmission of the AIDS virus, especially where the state will have to bear the cost of medical treatment.
