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
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