12.07.2015 Views

Download this publication - AIDS Data Hub

Download this publication - AIDS Data Hub

Download this publication - AIDS Data Hub

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

F. POTENTIALS AND LIMITATIONS OF ADMINISTRATIVEPROCEEDINGSThe availability of administrative proceedings is a good development forPLHIV whose rights were violated. This is in light of the various settingswhere acts of discrimination and violations take place, with medicalpractitioners and employees of educational institutions among the possibleperpetrators. Lawyers and other legal practitioners are not yet seen assuch, but they could be potentially, if and when litigation of HIV-related casesgoes into full swing. Experiences of other sectors (women groups forinstance), show how lawyers and judges have exhibited discriminatorytendencies against disadvantaged sectors during trials, whether intentionalor out of ignorance. In the same breath, law enforcers are not yet seen aslikely perpetrators, but it is not inconceivable that they could be, e.g., throughextortion. (It can be noted that in one documented case of arrest of menwho have sex with men, extortion had been attempted by some policemen.)Similar to most mechanisms, administrative proceedings also do not carrymeasures to protect confidentiality.The adversarial nature of administrative proceedings can also discouragewould-be complainants. It is not unusual to hear complainants beingthreatened, especially if the erring government officials occupy powerfulpositions.And just like litigation, there is no guarantee for success. As earliermentioned, a number of justifications can be cited by perpetrators in theirdefense (e.g., refusal of admission into a hospital can be justified by claimingthat the hospital lacks the necessary equipment or personnel).RELEVANCE OF THE VARIOUS MECHANISMS TO THE PLIGHT OF PLHIV IN THE INTRODUCTION PHILIPPINES 55

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!