A/HRC/44/55 61. Of particular concern is the continuous practice of criminalization of HIV transmission. While the Government partly addressed this issue on 19 July 2019, when the notorious article 157 of the Criminal Code of Belarus on the transmission of HIV was amended,60 the number of prosecutions for transmission in Belarus remains worryingly high. The amended article 157 still includes a provision on criminal liability for knowingly exposing another person to HIV, even in cases where there was only a perceived risk of transmission but no transmission actually occurred. The Special Rapporteur stresses that the criminalization of HIV does not change behaviours or the rate of transmission, and disproportionally affects vulnerable categories of people. Access to adequate health care in detention facilities 62. According to article 45 of its Constitution, Belarus is committed to the principle of universal access to health care, in particular free treatment at State health-care institutions. However, people held in detention facilities do not have adequate access to quality health care. The Special Rapporteur is concerned about the lack of qualified medical staff, as well as the lack of independence and impartiality of medical staff, in detention facilities. 63. In Belarus, medical services and staff at detention facilities are segregated from mainstream health-care practitioners. This is because they fall under the jurisdiction of the penitentiary system and, ultimately, of the Ministry of Interior (Department of Sentence Enforcement), and not under the jurisdiction of the Ministry of Health. Therefore, decisions on health-care matters are made by penal administrators instead of independent health-care actors. The Special Rapporteur was informed of cases when, owing to the low quality of medical assistance in detention facilities, the health of prisoners had deteriorated and had resulted in disability.61 The Special Rapporteur stresses that being deprived of their liberty, prisoners rely fully on the State’s provision of health care, and it is the responsibility of the State to respect, protect and fulfil the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 64. Of particular concern is access to health care for children in detention facilities. The Special Rapporteur received first-hand information about extremely poor hygiene and nutrition, including the unavailability of basic nutriments, including milk products and animal proteins, that are necessary to a child’s healthy development. The penitentiary authorities forbid families from providing inmates with medicine and vitamins, and this limitation extends to detained minors, in violation of their right to be treated in a manner that takes into account the needs of persons of their age. Access to adequate health care for members of armed forces 65. According to reports, the quality of health care provided for members of the armed forces is low. Of a separate concern are the health assessments of potential recruits and the practice of recruiting persons who are in poor health. The Special Rapporteur was informed that in some cases, recruits with serious health conditions did not receive a waiver and were recruited to the armed forces, which led to the deterioration of their health and, in one case, led to death. The Special Rapporteur notes that the State is responsible for providing adequate health care for members of its armed forces, including quality medical assistance, adequate living conditions and appropriate food, in line with the international human rights obligations of Belarus. 2. Right to work Women 66. Women continued to face gender discrimination and stereotyping at work throughout the reporting period. According to recent studies, 89.6 per cent of women in 60 61 The revised article 157 of the Criminal Code of Belarus decriminalized the transmission of HIV or exposure of a person to HIV by another person when the person exposed or infected had been warned in advance that the other person had HIV and, having been advised, knowingly agreed to acts that led to HIV exposure. See https://timeact.org/platon-mne-drug.-no-zhizn-lyudej-dorozhe.html. 13