Emergency measures being considered in response to Fiji’s HIV outbreak must not be used to justify compulsory HIV testing, unlawful disclosure of HIV status, arbitrary detention or discrimination.
This has been highlighted by the Fiji Human Rights and Anti-Discrimination Commission after Minister for Health Dr Ratu Atonio Lalabalavu declared HIV a national crisis, with Government introducing a formal needle and syringe programme alongside expanded testing, treatment and prevention measures as 1 in 60 adults in Fiji are living with HIV.
Dr Lalabalavu has assured that there will be no mandatory testing as it is not in the HIV Act.
Human Rights Commissioner Chantelle Khan says any extraordinary powers used by Government must have a clear legal basis, defined purpose, scope and duration.
Khan says the measures must be lawful, necessary, proportionate, time-bound, non-discriminatory and subject to appropriate oversight.
The Commissioner adds that Fiji’s response to the national HIV emergency must be centred on human rights and human dignity.
She says HIV is not only a public health issue, but also a human rights concern affecting the rights to life, health, dignity, privacy, equality and freedom from discrimination.
She says fear, blame and punishment could drive people away from testing and treatment, while trust, accurate information and accessible healthcare can save lives.
She says the Commission is calling for the expansion of voluntary and confidential HIV testing, uninterrupted access to antiretroviral treatment and strengthened prevention, counselling, harm-reduction, and maternal and child health services.
She says people living with HIV and affected communities must be meaningfully involved in developing and monitoring the national response.
Khan says no person should be denied healthcare, employment, education, housing or any other service because of their actual or perceived HIV status.
