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Perceptions of the Population of the Republic of Moldova - Soros ...

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<strong>Perceptions</strong> <strong>of</strong> <strong>the</strong> <strong>Population</strong> <strong>of</strong> <strong>the</strong> <strong>Republic</strong> <strong>of</strong> <strong>Moldova</strong> on Discrimination: Sociological Study 22The discrimination <strong>of</strong> <strong>the</strong> poor in relations with <strong>the</strong> authorities is manifested by <strong>the</strong> limited access <strong>of</strong><strong>the</strong>se people to <strong>the</strong> decision-making process at <strong>the</strong> local level. Thus, <strong>the</strong>y are not involved in <strong>the</strong>community activities and in <strong>the</strong> decision-making process and nobody cares about <strong>the</strong>ir opinions.HIV-positive personsAccording to <strong>the</strong> general public DPOI, HIV-positive persons are discriminated most upon employment(-42), at workplace (-38), in education institutions (-30), in relations with authorities (-25), in hospital/clinic (-19) (see Table 2).The experts also mentioned during <strong>the</strong> conducted Delphi study and focus group discussions <strong>the</strong> highlevel <strong>of</strong> discrimination <strong>of</strong> HIV-positive persons in <strong>the</strong> labor, education and health fields. Thus, in respect <strong>of</strong>discrimination in <strong>the</strong> labor field, <strong>the</strong> experts noted that even though under <strong>the</strong> <strong>Moldova</strong>n legislation <strong>the</strong>reis no requirement to submit a HIV status certificate upon employment, many companies ask for such adocument and consequently HIV-positive persons are instantly prevented from getting a job.“I know a case when a person applying for an administrative position with a territorial medical institutionwas requested to take all medical tests, including <strong>the</strong> HIV test. It was really ridiculous, since that person was <strong>of</strong>pre-retirement age.”In <strong>the</strong> experts’ opinion, even when <strong>the</strong> employer does not ask for a HIV-status certificate, <strong>the</strong>re areo<strong>the</strong>r ways to determine whe<strong>the</strong>r a person is HIV-positive. One situation would be <strong>the</strong> requirement tosubmit <strong>the</strong> military service record, which includes, under <strong>the</strong> existing legislation, <strong>the</strong> HIV status <strong>of</strong> <strong>the</strong>person in question. An indirect way to ascertain <strong>the</strong> HIV status <strong>of</strong> a person is <strong>the</strong> requirement to submit amedical certificate when <strong>the</strong> person in question took a sick leave. The medical certificate will usually specify<strong>the</strong> disease.“The Ministry <strong>of</strong> Health issued two decrees regarding <strong>the</strong> manner <strong>of</strong> indicating <strong>the</strong> disease suffered in <strong>the</strong>medical certificate and none <strong>of</strong> <strong>the</strong>se prevents <strong>the</strong> chance <strong>of</strong> disclosing <strong>the</strong> HIV status. Thus, pursuant to onedecree issued in March 2010, all medical certificates shall specify <strong>the</strong> disease from which <strong>the</strong> person concernedsuffered, and under <strong>the</strong> decree issued in July, <strong>the</strong> medical certificate can include only <strong>the</strong> code assigned to <strong>the</strong>disease in question under <strong>the</strong> international medical classification. The simultaneous existence <strong>of</strong> twocontradicting decrees leaves room for interpretations and inconsistent application by <strong>the</strong> medical personnel.Ano<strong>the</strong>r negative factor is <strong>the</strong> limited access <strong>of</strong> doctors to <strong>the</strong> decrees and regulations issued by <strong>the</strong> Ministry <strong>of</strong>Health, which are not collected in a single database.In <strong>the</strong> <strong>Republic</strong> <strong>of</strong> <strong>Moldova</strong>, if you have to submit a sick leave medical certificate, it will include <strong>the</strong> diagnosisand that is a problem for people infected with HIV, hepatitis or tuberculosis. Such a diagnosis can be reason fordiscrimination. When you submit a medical certificate indicating that you suffer from diabetes, everybody wouldshow compassion, but if <strong>the</strong> certificate shows that you have a sexually-transmitted disease it is obvious thateverybody will think that you are an immoral person and will change <strong>the</strong>ir attitude towards you. There is toomuch personal, intimate information which in my opinion should not be disclosed to o<strong>the</strong>r people.”In <strong>the</strong> experts’ opinion, although trade unions should take consistent measures to protect <strong>the</strong> rights <strong>of</strong>HIV-positive persons, <strong>the</strong> decree on HIV testing for people practicing certain pr<strong>of</strong>essions was approved with<strong>the</strong> trade unions’ consent. Likewise, <strong>the</strong>re is a list <strong>of</strong> pr<strong>of</strong>essions compiled under <strong>the</strong> law, which cannot bepracticed by HIV-positive persons.As regards <strong>the</strong> discrimination in <strong>the</strong> health field, <strong>the</strong> experts mentioned that <strong>the</strong>re is still a practice <strong>of</strong>writing in red ink <strong>the</strong> code <strong>of</strong> HIV on medical records <strong>of</strong> <strong>the</strong> HIV-positive persons. This code is well-knownby all medical workers and not only.In <strong>the</strong> same context, <strong>the</strong> experts mentioned <strong>the</strong> existing discriminatory practice regarding <strong>the</strong> HIVpositivepregnant women who are forced to give birth only in specially designated hospitals.“Even in <strong>the</strong>se hospitals <strong>the</strong> doctors who received extensive training in <strong>the</strong> area refuse to make plannedbirth-related surgeries, maintaining that women in question can give birth naturally. Such an attitude can beexplained most <strong>of</strong> <strong>the</strong> times by <strong>the</strong> fear to come in direct contact with <strong>the</strong> blood <strong>of</strong> HIV-positive women.”The experts mentioned during <strong>the</strong> discussions that <strong>the</strong> level <strong>of</strong> tolerance <strong>of</strong> doctors towards <strong>the</strong> HIVpositivepersons is even lower than that <strong>of</strong> <strong>the</strong> general public, standing at only 2% according to somerecent sociological surveys. Medical personnel <strong>of</strong>ten refuse to treat HIV-positive persons or perform certainprocedures, particularly those which involve direct contact with blood; refuse to admit HIV-positive persons

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