A/HRC/41/52 avoid registering at State medical facilities out of fear of criminal responsibility and would therefore not receive the necessary treatment. 83 74. Registration in a State medical facility is compulsory to receive treatment free of charge. According to official data, as of 1 January 2019, 6,979 cases of HIV infection were registered in Belarus, while a total of 20,953 individuals are living with HIV. 84 However, people living with HIV often prefer not to register for fear of stigmatization. Incidental disclosure of personal medical data can lead to situations of discrimination. As an example, the Special Rapporteur was informed about the expulsion of a girl from school based on her HIV-positive status, which was disclosed by the school medical staff. Her classmates’ parents cleaned the classroom with chlorine and insisted that the girl be expelled. 75. Discrimination in the workplace for people living with HIV is also common. An emblematic example brought to the attention of the Special Rapporteur is the case of a man who used to work in a plantation until one of his co-workers found out about his HIVpositive status. The following day, his team issued an ultimatum, refusing to work unless he left. The same person then found a job as a cleaner in a kindergarten and was laid off due to pressure from parents and staff. 76. According to information received, derogatory language is commonly used in relation to people living with HIV and they are often associated with people who use drugs, prostitution or with male-to-male sex, which leads to further social stigma and isolation. The Special Rapporteur wishes to stress that it is up to the Government to fight discrimination against people living with HIV, including by designing information campaigns to combat stereotypes and prejudices. 2. Right to social security and right to work 77. In January 2018, presidential decree No. 1 “on promotion of employment of the population”85 replaced the notorious decree No. 3, introduced in 2015, which led to mass protests in February and March 2017. 86 Decree No. 1, originally developed to stimulate employment and self-employment, still contains controversial aspects such as the creation of a database of able-bodied unemployed citizens. 87 Although the decree underwent modifications throughout 2018, refining the criteria for inclusion in the list, the Minister of Labour and Social Protection announced in December that 500,000 people were registered on the list.88 78. The decision to include a person in the list is taken by local and administrative bodies, raising concerns about their independence and impartiality. People included in this list have to pay for State-subsidized services (gas, heating, hot water) at their full cost and will have to accept any work offered to them even if it does not correspond to their qualifications or wishes. These measures seem to put individuals, who are already unemployed, in a yet more vulnerable financial situation instead of providing positive incentives for them to find work. The Special Rapporteur is also concerned by the use of the decree against human rights defenders working for unregistered organizations. She would like to point out that everyone has the right to earn a living by work which he or she freely chooses or accepts. 89 On 18 March 2019, a lawsuit requesting compensation for moral damage filed by a housewife who was included in the list was rejected by a local court. She decided to appeal the decision. 90 83 84 85 86 87 88 89 90 See https://pereboi.by/2018/07/30/kriminalizatsiya-vich-v-belarusi-kritika-uchenyh-i-dannyepatsientskogo-monitoringa/ (in Russian). See www.belaids.net/v-belarusi-muzhchiny-ostayutsya-naibolee-uyazvimoj-gruppoj-v-otnosheniiinficirovaniya-vich/ (in Russian). See http://pravo.by/document/?guid=12551&p0=Pd1800001&p1=1&p5=0 (in Russian). See www.mintrud.gov.by/system/extensions/spaw/uploads/files/Dekret-3.pdf (in Russian). See https://belsat.eu/en/news/every-10th-employable-belarusian-on-social-parasites-list/ (in Russian). See /www.kp.by/online/news/3315047/ (in Russian). See International Covenant on Economic, Social and Cultural Rights, art. 6. See https://belsat.eu/ru/news/sud-otklonil-isk-bezrabotnoj-domohozyajki-k-tuneyadskoj-komissii/ (in Russian). 17

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents