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Sexual Health Exchange, 1997 - no. 3
Mexico
An environment that respects the rights of persons living with HIV/AIDS (PHAs) is vital in contributing to the sustainability of work done by organizations in the field of HIV/AIDS. To respond to discriminatory behaviour towards PHAs, the Mexican National Commission for Human Rights (CNDH) therefore created a special programme in 1994.
Their objectives were twofold: to attend to complaints of discrimination filed by PHAs and to modify the confrontational attitudes of social groups who feel the rights of the non-infected majority are being infringed upon by the rights of those affected by the virus.
This leaflet produced by CNDH addresses discrimination against PHAs within the context of the Universal Declaration of Human Rights
CNDH first formed a task force of people trained in medical aspects of HIV infection. This group made recommendations regarding violations of PHAs' human rights based on three cases it heard. One complaint was filed by a group of PHAs confined in a prison; they were not receiving necessary medicines. The other complaints were from PHAs who did not receive the medical attention stipulated in the Official Mexican Norm for the Prevention and Control of HIV. The Commission then published a Manual for the Attention of Complaints regarding HIV/AIDS, which was distributed to the 31 state Human Rights Commissions of Mexico.
CNDH next reached out to educate the public; their staff participated in academic events and conferences and offered training courses. It also published three booklets and developed a study called "AIDS and Discrimination", which identified the forms of discrimination in Mexico.
The Commission cooperates with government institutions by holding conferences and training courses for workers in the health services, where most cases of human rights violations take place. It also cooperates closely with the National Board for the Prevention and Control of AIDS (CONASIDA) to assess clinical records, train the working group in charge of attending this type of complaint, and to channel complaints that require CNDH intervention.
Close contact is kept with NGOs. CNDH holds training workshops with them, provides them with counsel on human rights violations, and supports and participates in different events that they organize. Two leaflets are provided for distribution, one focusing on AIDS-related discrimination and the other on basic rights to which imprisoned PHAs are entitled.
CNDH has encountered a number of problems in its work. For example, it has not been possible to circumvent bureaucratic procedures used by some governmental institutions; for this reason, some complaints cannot be handled with the speed that is especially required in work for persons who are ill. The complexity of some complaints further necessitates multi-disciplinary action to achieve comprehensive solutions; unfortunately, the workload of CNDH staff is sometimes too heavy to permit this approach.
Nevertheless, the Commission's programme can point to several achievements. Noteworthy is the satisfactory resolution of a high percentage of complaints presented by PHAs. In addition, CNDH has helped improve the situation for PHAs in detention, including recognition by the penitentiary authorities of their responsibility to protect PHAs' rights to adequate health care. CNDH has also contributed towards diminishing prejudicial attitudes towards PHAs, with the result that more people have involved themselves in HIV/AIDS work - a necessary condition for sustaining programmes.
Eduardo San Miguel Aguirre, Comisión Nacional de Derechos Humanos, Carretera Picacho-Ajusco No. 238, Edificio Torre 2, 4o piso, Col. Jardines en la Montaña, Delegación Tlalpan, C.P. 14210, Mexico City, Mexico; Tel: 52-5-631-0040, ext. 358; Fax: 52-5-631-2633; e-mail: secrejec@fmdh.cndh.org.mx
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