Johanna Westeson - The ICHRP

considered ‘risk groups.’ 145 Health officials believed that a policy of medical isolation and
criminalization was necessary to contain the spread of HIV, and severe criminal sanctions
were used to punish and isolate HIV-positive individuals. 146 In response to the
development of knowledge about the pandemic and under international influence, these
practices have to a large extent been abandoned in the former Soviet republics. Mandatory
HIV testing has been severely restricted.
For example, the 1995 Russian federal law On Prevention of the Spread in the Russian
Federation of Illness Caused by Human Immunodeficiency Virus (HIV) 147 generally
reflects international principles to effectively fight HIV/AIDS. The law bans
discrimination and guarantees to protect the interests of persons living with HIV. It also
sets forth the right to voluntary HIV testing. According to its Article 8, medical
examination in state, municipal, or private health institutions is to be carried out
voluntarily at the person’s request or with his/her consent. Moreover, at the person’s
request the voluntary medical examination may be anonymous. Pursuant to Article 9,
mandatory HIV testing is required only for donors of blood, body fluids, organs, and
tissues and for employees of particular professions, listed in a 1995 Government
resolution. 148 These professions include, inter alia, medical staff working at centers for
HIV-prevention and treatment and laboratory staff and others conducting scientific
research on HIV-related issues or on immunobiological drugs.
Even though the above list can be described as somewhat puzzling and discriminatory
towards persons who work in professions related to HIV treatment and research, the list is
limited in scope. It is noteworthy that traditionally marginalized groups, such as injecting
drug users, sex workers, and prisoners, cannot be tested without their consent. Testing
secretly or by force is totally prohibited.
The above-mentioned federal law on prevention and spread of HIV poses HIV-related
conditions on entry for foreign citizens. According to its Article 10 (“Conditions of entry
to The Russian Federation of foreign citizens and stateless persons”), non-nationals who
will come to Russia for more than three months will only get a visa subject to the
production of a certificate proving that they are not carriers of HIV. This provision does
not apply to members of diplomatic missions and consular institutions of foreign states and
to employees of international intergovernmental organizations and their families.
Additionally, the 2002 Federal Law on the Legal Status of Foreign Citizens in the Russian
Federation, 149 states that a foreign citizen will not be issued a residence permit or, if
previously issued, such permit will be terminated, if the alien cannot show a certificate that
145 See Zhores A. Medvedev, “Evolution of Aids Policy in the Soviet Union: Serological Screening 1986-7.”
BMJ. 1990 March 31; 300(6728): 860–861 [describing various testing campaigns, including the testing of
one million people in a matter of months]; Svetlana V. Polubinskaya & Elana Vassilieva, “HIV-Specific
Legislation in the Russian Federation.” 18 Med. & L. 351, 355-356 [national mandatory testing of some
groups and local testing of others, Nizshniy Novgorad imposes mandatory testing of people suspected of
using drugs, homosexuals, bisexuals, prostitutes, prisoners, and others.]
146 Medvevdev. [HIV-positive foreigners were deported and HIV-positive Soviets were isolated].
147 Dated 30 March 1995, only available in Russian. All translations in this section are unofficial, made by
Ukrainian lawyer and researcher for the project Oksana Shevchenko.
148 On Approval of List of Employees for Individual Occupations, Industries, Enterprises, Institutions and
Organizations that Pass a Compulsory Medical Examination to Detect HIV Infection During the Mandatory
Pre-Admission for Employment and Periodic Medical Examinations, Russian Federation Government
Resolution No 877, dated 4 September 1995. Only available in Russian.
149 Dated 21 June 2002, only available in Russian.
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