Are the ambitious UNAIDS 90-90-90 targets for 2020 realistic and achievable, considering the end goal of ending the AIDS epidemic by 2030?

By Alan Brand - 18 August 2015

Background

Ending the AIDS epidemic is more than a historic obligation to the 39 million people who have died of the disease. It also represents a momentous opportunity to lay the foundation for a healthier, more just and equitable world for future generations. Ending the AIDS epidemic will inspire broader global health and development efforts, demonstrating what can be achieved through global solidarity, evidence-based action and multi-sectoral partnerships.

Although many strategies will be needed to close the book on the AIDS epidemic, one thing is certain. It will be impossible to end the epidemic without bringing HIV treatment to all who need it.

As the world contemplates the way forward following the 2015 deadline for the targets and commitments in the 2011 Political Declaration on HIV and AIDS, a final target is needed to drive progress towards the concluding chapter of the AIDS epidemic, promote accountability and unite diverse stakeholders in a common effort. Whereas previous AIDS targets sought to achieve incremental progress in the response, the aim in the post-2015 era is nothing less than the end of the AIDS epidemic by 2030.

In December 2013, the UNAIDS Programme Coordinating Board called on UNAIDS to support country- and region-led efforts to establish new targets for HIV treatment scale-up beyond 2015. In response, stakeholder consultations on new targets have been held in all regions of the world. At the global level, stakeholders assembled in a variety of thematic consultations focused on civil society, laboratory medicine, paediatric HIV treatment, adolescents and other key issues.

Powerful momentum is now building towards a new narrative on HIV treatment and a new, final, ambitious, but achievable target:

• ·        By 2020, 90% of all people living with HIV will know their HIV status.
• ·  By 2020, 90% of all people with diagnosed HIV infection will receive sustained antiretroviral therapy.
• ·        By 2020, 90% of all people receiving antiretroviral therapy will have viral suppression.

A personal researched perspective on the 90-90-90 UNAIDS targets.

The Benefits of Knowing Your Status

Knowing ones HIV status is no longer a death sentence and as such like many other health conditions testing and screening is the first step to living a healthy life. Knowing your status is empowering oneself  through the gaining of knowledge while engaging with medical practitioners who specialise in HIV treatment and care so that regular monitoring of the effects of the HI virus on one’s immune system will ensure that you can initiate treatment at the most effective time. It also ensures that one has the ability to find psychological support through support networks and support groups and hence one is fully able to take responsibility for one’s life. Not knowing ones status denies one the ability to make these important choices and is simply foolishness. Some of the benefits of knowing your status include:

•  Knowing your HIV status will help you to reduce the risk of transmitting the virus to others
• Knowing your HIV status can alleviate the stress and anxiety of thinking that you may be infected but not knowing your actual HIV status.
• If you test negative for HIV, you can make decisions and take steps that will help you remain HIV negative.
• If you test positive for HIV, you can seek medical treatment earlier. Early medical treatment can slow the progress of HIV and delay the onset of AIDS. Pregnant women who test positive for HIV can take action to prevent their baby from becoming infected with HIV

Point-of-care Testing

HIV-related point-of-care testing (POCT) technologies have become widely available, and they serve as a catalyst to attaining the UNAIDS-led 90-90-90 HIV treatment targets by improving access to diagnostics in resource-limited countries. The treatment targets aim to accomplish specific goals by 2020 – the first 90-target being that 90% of people living with HIV know their HIV status. Increasing access and maintaining the high-quality of POCT is essential to better patient outcomes and achieving an AIDS-free generation.

In its continued efforts to improve the quality of POCT, the African Society for Laboratory Medicine (ASLM) recently partnered with the World Health Organization (SEARO and WPRO regional offices), PEPFAR, the US Centres for Disease Control and Prevention (CDC), and other global partners, to organise a regional consultation in Phnom Penh, Cambodia, aimed at improving the quality of HIV and syphilis POCT.

A new 'Phnom Penh Statement' gives momentum to the global conversation aimed at improving access and increasing the quality of HIV testing. The Statement endorses the UNAIDS 90-90-90 HIV treatment targets and captures the principle of the rapid test quality improvement initiatives under way in Africa.

The benefits of early and sustained antiretroviral therapy

Definition:

Viral suppression is defined as, literally, suppressing or reducing the function and replication of a virus. When discussing antiretroviral therapy for HIV, a regimen is considered to be highly successful if it reduces a person's viral load to undetectable levels. The term "viral load" refers to the number of copies of HIV per mL of blood, i.e. the amount of virus in the blood.

In general, people with HIV need to use a combined antiretroviral therapy (cART - also known as highly active antiretroviral therapy or HAART) to achieve long term viral suppression - where the level of circulating virus in the blood remain quite low or undetectable.

Benefits: - Prevention of transmission:

Antiretroviral therapy (ART) for HIV infection provides lasting protection against the sexual transmission of the virus from infected men and women to their HIV-uninfected sexual partners, investigators from the HIV Prevention Trials Network (HPTN) have reported at the 8th International AIDS Society (IAS) Conference on HIV Pathogenesis, Treatment and Prevention in Vancouver, Canada in July 2015.

Benefits: - Improved health for the HIV infected individual:

People, who start antiretroviral therapy (ART) immediately after HIV diagnosis, while their CD4 cell count is still high, rather than waiting until it falls below 350 cells/mm3 have a significantly lower risk of illness and death, according to long-awaited findings from the START trial. The final study results were presented on Monday at the Eighth International AIDS Society Conference (IAS 2015) in Vancouver, Canada, and published simultaneously in the July 20 advance edition of the New England Journal of Medicine.

These findings suggest that HIV causes persistent immune system damage soon after infection, and "clearly indicate that ART should be provided for everyone regardless of CD4 count,"

It is well known that starting ART before CD4 cell counts fall to low levels dramatically reduces the frequency of opportunistic illness and improves survival. A growing body of evidence shows that earlier treatment is associated with decreased disease progression and death, as well as minimising the risk of onward transmission of HIV.

Viral suppression a key to the success of the UNAIDS targets?

To be successful, HIV test-and-treat programs in South Africa need to focus more on getting patients to return for ongoing treatment. Fewer than half of patients who tested HIV-positive at a Johannesburg, South Africa, clinic returned to complete eligibility testing for antiretroviral therapy (ART), according to a new study. The study, published in the journal PLOS ONE, tracked 380 patients who had tested positive for HIV. Researchers found no evidence that 142 of them returned for a blood draw—a CD4 count measuring levels of infection-fighting white-blood cells—that would determine eligibility for ART treatment. Of the remaining 238, only about 39 percent completed eligibility testing for ART within three months.

Of those who had blood tests showing they were eligible for ART treatment, 88 percent initiated ART within six months. Among the 185 patients in that ART cohort, 22 transferred out and were excluded from further analysis. Of the remaining 163, 81 percent were retained in care through two years of treatment. About 9 percent of the patients who either never had a blood draw or never returned to the clinic were known to have died.

Factors contributing to dropping out from and returning to HIV treatment

Dropping out was associated with drug/alcohol use, unstable housing/homelessness, psychiatric disorders, incarceration, problems with HIV medications, inability to accept the diagnosis, relocation, stigma, problems with the clinic, and forgetfulness.

Returning to obtain assistance and treatment was associated with health concerns, substance abuse treatment/recovery, stable housing, and incarceration/release, positive feelings about the clinic, spirituality, and assistance from family/relocation.

Patients aged between 15 and 24 years are significantly more likely to drop out of HIV care compared to individuals in other age groups. The research was conducted in four sub-Saharan African countries and involved patients newly entered HIV care or initiating antiretroviral therapy (ART) between 2005 and 2010. Patients in the 15- to 24-years age group were significantly more likely to be lost to follow-up compared to both younger and older age groups.

This study provides important insights on program outcomes previously not sufficiently described. In addition to confirming attrition 1 year after starting ART the study found that youth were substantially more likely than young adolescents and older adults to die or be lost to follow-up before initiating ART.

These findings suggest that test-and-treat programs must focus on retention, particularly in the pre-ART period, in order to reduce morbidity, mortality, and transmission.

Conclusion:

The tools and strategies now exist to end the AIDS epidemic by 2030. However, getting there requires unprecedented action now to scale up early antiretroviral therapy, as delay will merely allow the epidemic to continue to outpace the response. While new thinking and new ways of operating will be needed to achieve these ambitious targets, the partnerships that have enabled the AIDS response to make history provide a firm foundation on which to embark on a worldwide effort to end the AIDS epidemic by 2030. Hence the 90-90-90 UNAIDS targets for 2020 are key to achieving this goal and although ambitious can be achieved. 

First reactions – (On being Diagnosed HIV+) – Living positively with HIV.

By Alan Brand, 01 December 2015 (Article for World AIDS Day 2015)

People react in many different ways when they hear that they have HIV. You might carry on as if nothing has happened, you may search out lots of information, or you might find it difficult to accept the news.

You may blame yourself. But HIV does not infect people because they ‘deserve it’ – having HIV does not mean you are a wicked, immoral or stupid person.

Most people get HIV from a sexual partner. You might not have known about HIV at the time, or not thought you were at risk, or you might have decided not to worry about it for once. All these are very normal, human things to do.

You may blame someone else. If you think you know who passed HIV on to you, you may understandably feel angry with them.

But they may not realise that they have HIV. Very often, HIV is passed on by people who have only had it for a few months themselves, usually without knowing.

Or they may have known and not told you. Perhaps things would be better if they had done. But many people are afraid of telling others, because they feel ashamed, or are worried about being rejected. It’s not easy to tell. We’ll look at how to tell other people later. 

Keeping an eye on your health

You can’t tell from someone’s physical appearance, if they have HIV or not. And you can’t always know how good their health is. But blood tests can show how HIV is affecting your health. Whether or not you are taking treatment, it’s important to have some tests done regularly.

One important test is called a CD4 count and is a measure of the strength of your immune system. A low CD4 count means that HIV is damaging your immune system. A higher CD4 count shows that your immune system is stronger. Another test is called a viral load. It’s a measure of the amount of HIV in a sample of blood. If you are taking treatment, the viral load test shows how well your treatment is working – the lower it is the better.

Have these tests done every 4 to 5 months. They will help you and your doctor make decisions about your health and treatment.

Quick guide to test results:

CD4 counts (An important monitor to determine when to embark on treatment as it measures the strength of your immune health)

·         Between 500 and 1200 = usual for people who do not have HIV

·         Above 350 = HIV treatment is not usually recommended

·         Below 350 = HIV treatment is recommended

·         Below 200 = There is a higher risk of illness and infections, so HIV treatment is recommended

Your doctor may give your CD4 results as a percentage

·         Above 29% = similar to CD4 count of above 500

·         Below 14% = similar to a CD4 count of below 200

Viral Load (An important monitor to determine how well your ARV treatment is working as it measures the amount of HIV in a sample of blood)

·         Between 100,000 and 1 million = High

·         Between 10,000 = for people with HIV not on treatment, this is low

·         Below 50 = known as an “undetectable” viral load. The aim of HIV treatment is to have an undetectable viral load also known as viral suppression.

IMPORTANT POINTS:

·         CD4 and Viral load tests give essential information about the effects HIV is having on your immune health and hence your bodies response to infections and illness.

·         The aim of HIV treatment is to have a very low (or undetectable) viral load and a high CD4

·         When the CD4 count is low, the viral load is usually high. This situation is not good.

·         When the CD4 count is high, the viral load is usually low. This is much better.

·         If your CD4 count has dropped to 350 or below, it is recommended that you start ARV treatment.

·         The result of treatment should be that the CD4 is going up, and the viral load is going right down to undetectable levels.

HIV treatment

HIV treatment involves taking tablets (ARV’s) once or twice a day. ARV treatment stops the virus from reproducing and reduces the amount of HIV inside your body. If there is less HIV, there is less damage to your immune system, and you are less likely to get ill.

And if there is less HIV in your body fluids, you are less likely to pass on HIV (for example to a sexual partner, or to your unborn child during pregnancy).

The aim of HIV treatment is to have an ‘undetectable’ viral load – this means there is only a tiny amount of HIV in the body. ARV treatment is not a cure – they cannot totally wipe out HIV from your body.

HIV treatment helps you stay well by reducing the amount of HIV in the body. All ant-HIV drugs (ARV) try to prevent HIV infecting new cells. But different types of drugs do this in different ways. A combination of two to three different types of drugs provides a powerful attack on HIV. The aim of treatment is an “undetectable viral load” – very low levels of HIV in the blood.

Should I take HIV treatment?

Not everybody with HIV chooses to take anti-HIV drugs straightaway. Treatment will usually be recommended:

·         if your CD4 count is below 350,

·         if HIV is making you ill,

·         if you have another health condition such as hepatitis or TB,

·         if you are pregnant, or

·         if you want to take it in order to reduce the risk of passing HIV on to a sexual partner.

N.B: By knowing your status early you will give yourself enough time to find out about your options and make the right decisions in time.

Taking drugs on time

HIV treatment only works well if it is taken exactly as prescribed.

This is often called ‘adherence’, and it means taking the drugs:

·         at the right times,

·         at the right dose, and

·         following any advice about food and drink.

The nurses, pharmacists and doctors at your clinic can help you with this. You may need to develop a routine that helps you remember to take the drugs at the same time each day.

If you sometimes forget to take your pills, the drugs you are taking may stop working properly. If this happens you would need to change your treatment.

KEY POINTS ON ADHERANCE:

·         It is essential to take all your doses of HIV treatment at the right times and in the right amounts.

·         Taking anti-HIV (ARV’s) drugs regularly will mean that there is always enough of the drug in your body. This will keep HIV under control.

·         Not taking ARV’s as prescribed can result in HIV becoming resistant to the drug treatment choice you are on and can result in HIV being harder to treat in the future.

Looking after your health

As for anyone else, taking care of your health involves more than popping pills.

It will also help if you can:

·         Getting sufficient rest and sleep is important so that you can wind down and strengthen your immune system.

·         Eating a balanced diet to maintain a healthy weight gives you energy and ensures that you get the nutrients your body needs.

·         Get some exercise, which is good for the heart, lungs, circulation and mobility.

·         Give up smoking, if you are a smoker.

·         Talk to people and seek support (isolation and stress are bad for your health too).

As well as improving your physical health, all these things are good for your feelings and emotional wellbeing. For example, exercise can make you feel more relaxed and energised.

During difficult times, you may find that you use more alcohol or drugs. They may help you to forget, or to stop thinking about things. While they may offer temporary relief, relying on them is likely to make your feelings harder to deal with in the long run. Too much drink or drug use usually brings its own problems.

Seven ways to look after your health:

1.     Eat a balanced healthy diet

2.     Get some exercise

3.     If you are a smoker consider giving up smoking

4.     Get enough rest and sleep

5.     Talk to people and get a support for example: join a support group.

6.     Attending your clinic appointments and have regular blood tests.

7.     Take anti-HIV (ARV) drugs, if your blood tests show that you need to. 

Why are women at higher risk of contracting HIV?

Women’s Day Awareness Article

2015

By Alan Brand - Positively Alive - 09 August 2015

In this fact sheet we review specific biological factors in women that make it more or less likely that HIV can be sexually transmitted.

Fast Facts

•          It is estimated that 12.2% of the South African population (6.4 million persons) are HIV positive. This is 1.2 million more People Living with HIV than in 2008 (10.6%, or 5.2 million). The main route of HIV transmission is through heterosexual sex.
•         HIV prevalence in young women 20 - 24 is at 17.4% which is three times higher than in men of the same age, 5.1%. Within the 25 - 29 year age group HIV prevalence amongst women is 28.4% whilst in men of the same age group it is 17.3%.
•         Only 43.5 per cent of male youth (aged 15-24 years) and 40.6 per cent of females of the same age group can correctly identify ways to prevent sexual transmission of HIV and reject major misconceptions about HIV transmission.
•         Women (especially young women and girls) face increased risks of HIV infection, these calls for more effective enabling interventions. Risk-enhancing factors include alcohol abuse, violence against women and socioeconomic insecurity there are many people accessing ARVs which has a huge impact on available domestic resources.

Before we explore why genetically women are more at risk of HIV transmission, lets first look at some important basic information on HIV transmission in general.

How does HIV infection occur?

For infection to occur two things must happen.

·         The virus must find a way to enter your bloodstream.

·         The virus must “take a hold” (find a T/cell with a CD4 and CCR5 receptor which the virus needs to enter the body’s cells) 

Think of it with the word SAD

S = Sufficient quantities of the virus

A = Access into the body

D = Duration

There must be sufficient quantity of the virus to infect you, and it must enter your body in an efficient manner, and their needs to be enough time for this to happen.

There are only three ways in which this can happen:

·         Unprotected sexual acts with an infected person

·         Through infected blood e.g. in sharing needles

·         Prenatally from mother to child during pregnancy or at birth, and through breast milk.

Body fluids!

Body fluids can be divided into those, which contain sufficient quantities of the virus to be infectious. These are:

Blood (100% if HIV Viral load present)

Semen (75% if HIV Viral load present)

Vaginal secretions (50% if HIV Viral load present)

Breast milk (Low but still possible with prolonged breast feeding if HIV Viral load present)

For transmission of HIV to happen, body fluids infected with the virus must pass from the already infected person into the bloodstream of another. HIV can do this through contact with the thin linings of various openings in the body and openings in the skin. These linings contain concentrations of the cells to which HIV attaches to enter the body. The sexual organs of both men and women have such linings.

This is why unprotected sexual acts are the most common route for HIV transmission. The chance of transmission is greatly increased if the lining or skin is inflamed or damaged, for example when another sexually transmitted disease is present.

On the other hand there are other body fluids, which do not contain sufficient quantities of the virus to be infectious.  These are:

Saliva

Sweat

Tears

Urine

How do you get HIV?

• Infection through sexual practices.
• Semen / vaginal fluid coming into contact with the thin linings of various openings in the body and openings in the skin.
• Infection through blood. (Blood products)
• Intravenous drug users.
• Blood transfusions. (Since 1985 all blood is tested for HIV)
• Needles, ear piercing, razor blades, dental tools, (unsterilized)
• Infection from mother to child.
• Across the placenta: - during pregnancy.
• During birth:  damaged lining/skin
• Breast milk:

So why are women at greater risk of HIV?

The risk of transmitting HIV from men to women is much higher than from women to men. This is in part because of the much larger surface area of the vagina and cervix compared to the areas of the penis where transmission can happen (foreskin, urethra and small tears on the head of the penis).

Women are exposed to considerable amounts of seminal fluid during sex, if ejaculation occurs.

The vagina is particularly vulnerable to invasion by bacteria, viruses and other germs. It is an ideal place for bacteria to grow, as it is warm and moist. It also provides an easy entrance into the body.

Women with low levels of the hormone oestrogen may be at increased risk for transmission of HIV because low oestrogen levels directly affect the vaginal wall, making it thinner so HIV can more easily pass through the wall.

How does HIV get into the body through the female genital tract?

The vagina has various defence mechanisms against infection. These help to protect a potential foetus developing in the uterus.

The walls of the vagina are made up of mucous membrane that is thicker than the mucous membrane in other places where HIV transmission often happens, such as the rectum or cervix.  The walls of the vagina have ten to twelve overlapping layers of epithelial cells, which create a strong barrier against germs such as viruses and bacteria.

The vagina is also home to a number of “friendly” bacteria species (for example, Lactobacilli) which are thought to give some protection against less friendly bacteria (for example, Gardnerella vaginalis) as well as viruses that might infect the body.

It used to be thought that HIV can only get through the walls of the vagina through small tears or sores in the mucous membrane. Recent research suggests that HIV can pass between or through healthy cells. This means that HIV can still infect women even if the vaginal mucous membranes are healthy and intact.

Unlike the vagina, the mucous membranes lining the cervix and uterine walls have only a very thin layer of cells (often just one layer thick) and so it is much easier for viruses like HIV to cross into the body through the cervix and possibly the uterus.

Because the cervix acts as a barrier to protect a potential foetus, it is home to a large number of immune cells. Many of those immune cells are CD4+ cells, which are the cells that HIV is most able to infect.

What about sexually transmitted infections?

Women are at more risk for sexually transmitted infections (STIs) than men. In addition, women often have fewer obvious symptoms, and therefore don’t get treatment until the infection has been present for a long time. 

Having an STI increases the risk of HIV transmission in several ways:

•         All STIs cause inflammation of the mucous membrane. Inflammation is the body’s immune response to an infection or irritation. When the mucous membrane is inflamed, a large number of immune cells come to the area to fight the infection.
•         Many of those immune cells will be CD4+ cells or other immune cells that are involved in HIV transmission. In addition, when cells are fighting off an infection, they become activated. Activated CD4+ cells are more easily infected by HIV.
•         Some STIs also cause open lesions or sores, which offer an easy way for the virus to get into the body and cause an infection.

Why are women at higher risk of being affected by HIV?

·         Some women may be unaware of their male partner’s risk factors for HIV (such as injection drug use or having sex with other men) and may not use condoms.

     

      The risk of getting HIV during vaginal sex without a condom or other protection such as PrEP is much higher for women than it is for men, and anal sex without a condom or PrEP is riskier for women than vaginal sex without a condom or PrEP.

·         

      Women may be afraid that their partner will leave them or even physically abuse them if they try to talk about condom use.

·         

      Some sexually transmitted diseases (STDs), such as gonorrhoea and syphilis, greatly increase the likelihood of getting or spreading HIV.

·         

      Women who have been sexually abused may be more likely than women with no abuse history to engage in sexual behaviours like exchanging sex for drugs, having multiple partners, or having sex with a partner who is physically abusive when asked to use a condom.

·         

      Some HIV infections among women are due to injection drug and other substance use—either directly (sharing drug injection equipment contaminated with HIV) or indirectly (engaging in high-risk behaviours while under the influence of drugs or alcohol).

What is “SAFER SEX”?

“Safer Sex” Means: - Sexual practices, which involve the use of condoms for penetrative anal or vaginal sex, and the use of many different forms of experiencing sexual pleasure without placing people at risk of HIV transmission.

Always talk to your regular or potential sexual partner about safe sex.

Alan Brand

Employee Wellness Consultant and Specialist HIV and Employee Wellness Training Provider

www.positivelyalive.co.za

Rights to Confidentiality and Privacy – The Law

Dear Alan,

Please accept my apology for missing the group, I really wanted to attend but sometimes the best planned events still get hijacked.

I need some advice that you might be able to help me with.

I’m separated at the moment from my spouse and divorce proceedings are about to start (I’m all fine with that) but my lovely husband has been making gentle and other very clear statements that he will disclose my + status to all my clients and ruin my life if I do anything to upset him. He is a registered 

Dr with the AHPCSA but when I contacted them to ask about Dr/patient confidentiality I was told that it doesn’t extend to spouses and that the law becomes very grey in this matter.

Today he stated that if he finds out I’m having sex he will inform the person that I’m HIV+ and trying to kill them knowingly.

I’m not stupid and know that most of his claims are tactics to keep control over me but we both know that should he go ahead, even if I can prove the contrary, the damage would have been done.

He told his sister about my status as she sent me a SMS today to say she will make it public knowledge should I go against her brother in any way, so the ship has sailed as far as him disclosing my status goes.

I can lose my business and everything if he discloses my status in this way.

Is there any legal protection to stop him...no point in legal action afterwards, I need something that will stop him from disclosing to anyone else.

Sorry for the long message but I think you get the idea of what I mean and need.

If you know of anything or could direct me to a link or anything I will be forever grateful to you.

Kind regards,

P

Dear P, I look forward to seeing you at one of the support meetings again soon.  It is totally against the law and our constitution to disclose the HIV status of another person without their consent.  The Allied Health Professions Council of South Africa (AHPCSA) is incorrect it is not a grey matter as the rights of people with HIV are clearly defined by the South African constitution, as well as their own guidelines. It is very clear based on the law that even a threat to disclose another person’s status is illegal for the purposes that your ex-partner is threatening to do so. 

I recommend you contact the AIDS Legal Network on 0214478435 or visit their website for more details on www.aln.org.za also the AIDS Law project now called + Section 27 would be able to assist you. Visit www.section27.org.za contact details are 011 356-4100.

Also you can contact the Section27 advice centre on 011 356-4117

By doing this now they could assist you to notify your ex that if he continues to threaten you or breaches your right to privacy he will and can face litigation.

To better understand your rights let’s look at what the Laws in South Africa have to say about HIV and confidentiality/privacy;

The South African Constitution

The Constitution of South Africa protects the rights of people living with HIV. It doesn't allow discrimination and protects people’s right to privacy and confidentiality. In South Africa, there aren't any laws that force people to tell others about their HIV status. People who do test positive should tell their partner, so that they can be protected and also have an HIV test. People with HIV/AIDS in South Africa are protected by the Bill of Rights and have the same rights which protect all citizens.

• There can be no discrimination against anyone who has HIV/AIDS.
• Test results cannot be shown to anyone else without the permission of the person who had the test.

The Basic Rights of people living with HIV/AIDS

• People living with HIV infection and AIDS should have the same basic rights and responsibilities as those which apply to all citizens of the country.
• People with HIV infection or AIDS are entitled to make their own decisions about matters that affect their marriage and having children. Counselling about the consequences of their decisions should be provided.
• People with HIV and AIDS have the right to confidentiality and privacy about their health and HIV status.
• Information about a person’s HIV status may not be disclosed to anybody without that person’s fully informed consent.
• After death, the HIV status of the deceased person may not be disclosed to anybody without the consent of his or her family or partner – except when required by law.
• Medical schemes may not discriminate against any person on the basis of his or her state of health.
• People have a moral and legal obligation to tell their sex partners if they are HIV positive.
• Insurance companies may not unfairly refuse to provide an insurance policy to any person solely on the basis of HIV/AIDS status.
•  All people have the right to proper education and full information about HIV and AIDS and how to prevent it.

The Basic Rights of people living with HIV/AIDS at Workplace

• Employers may not discriminate against HIV-positive employees or victimise them in any way.
• No person may unfairly discriminate against an employee in any employment policy or practice (e.g. recruitment, appointment, remuneration, training and development, promotion, transfer and dismissal) on the grounds of his or her HIV status.
• No HIV-positive employee has to disclose his/her HIV status to his/her employer.
• Information and education on HIV and AIDS, as well as access to counselling and referral, should be provided in the workplace.

HPCSA guidelines on patients’ HIV status

Sharing information within the healthcare team about a patient’s HIV status is only permissible if the patient has given consent or if it is clinically indicated.

• Ethics, the South African Constitution (Act 108 of 1996) and the law recognise the importance of maintaining the confidentiality of the HIV status of a patient.
• The test results of HIV positive patients should be treated with the highest possible level of confidentiality.
• Confidentiality regarding a patient’s HIV status extends to other health care practitioners. Other health care professionals may not be informed of a patient’s HIV status without that patient’s consent unless the disclosure is clinically indicated. For treatment and care to be in the best interests of the patient, the need for disclosure of clinical data (including HIV and related test results), to health care practitioners directly involved in the care of the patient, should be discussed with the patient.
•  The decision to divulge information relating to the HIV status of a patient must always be done in consultation with the patient.

The HPCSA states: “In the management of an HIV positive patient it is important that the health care practitioner gives due consideration to other health care professionals who are also involved in the management of the same patient (eg where necessary, and with the patient’s consent, informing them of the HIV status of the patient).”

HPCSA - Disclosure in the public interest

• The National Health Act makes an exception to the rule of confidentiality if non-disclosure of a patient’s personal health information would pose a serious threat to public health.
• HPCSA guidance states that, for disclosure to be justified, the risk of harm to others must be serious enough to outweigh the patient’s right to confidentiality. If you judge that this is the case, you should attempt (if it is safe and appropriate) to obtain the patient’s consent first, but should go ahead with disclosure to the appropriate authorities if this is not forthcoming.
• Carefully document the reasoning beside your decision to disclose, together with details about any discussions you may have had with colleagues in the course of your decision-making

It is hence clear from all of the above that your ex-partner may not disclose or breach your rights to confidentiality and hence disclose your HIV status to 3^rd parties, even if he is a medical practitioner, when the intent or purpose of so doing has but one aim aimed and that is to destroy your rights to privacy and confidentiality. 

He may not disclose your HIV status to persons he suspects you might be engaging with even if the relationship is of a sexual nature unless he has proof that you are engaging sexually without having taken precaution to protect the person from exposure and/or based on the assumption that you are placing the person at risk. He can only do so from a medical practitioner’s responsibility to protect 3^rd parties point of view, if he knows for a fact and has evidence that you are not protecting the 3^rd party (sexual partner). 

He still can only do that after having discussed the matter with you first and attempted to provide you with counselling aimed at correcting your behaviour and only after providing such counselling, if you still refuse to protect 3^rd parties, may he warn you that he has an obligation to breach protect 3^rd parties and hence is considering disclosing your HIV status to the 3^rd party that he knows, for a fact you are placing at risk. Clearly this is not his intent and hence he is simply doing this, not in his medical capacity, but as an avenging ex-lover/partner. And this is against the law.  

It is also important to always remember that one’s right to privacy does not give one the right to place others at risk and hence, keep secrets or tell lies. Informing your sexual partners of your HIV status is your responsibility and you should always insist on taking precautions not to transmit HIV to your sexual partners.         

Love and light

Alan Brand

Employee Wellness Consultant and Specialist HIV and Employee Wellness Training Provider

www.positivelyalive.co.za