A/HRC/10/47
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have sex with men, people who use drugs, sex workers and prisoners were indentified as
vulnerable populations for which targeted interventions have been developed. Refugees can also
receive antiretroviral therapy if they have acquired refugee status. Asylum-seekers can only
receive such therapy if they have insurance coverage, they are under the age of 18 or if they are
pregnant.
20. In its report, the Government of Serbia provided information on a number of existing laws
which concern people living with HIV. A law on infectious diseases requires people with
infectious diseases to follow medical orders such as obligatory use of condoms and safe sex to
prevent HIV transmission. The health-care law requires people to provide complete information
on their health condition to competent health professionals and to follow prescribed therapy written consent is required if a patient wants to stop treatment. This law also permits persons
bound by professional secrecy (e.g. doctors) to disclose private information to competent
authorities in order to protect the public, and health professionals may disclose information on
the HIV-positive status of individuals to adult family members without the consent of the patient,
to avoid a health risk to a family member. The 2005 Criminal Code criminalizes the transmission
of HIV - this includes negligent transmission and exposure to HIV, regardless of whether the
virus has actually been transmitted. To date, only one case for such a criminal offence has been
brought to the courts and is still pending; it remains to be seen how the courts will interpret and
implement this provision.
21. In Serbia, employers are not allowed to undertake pre-employment HIV testing, but
employees have a duty to inform their employers of their HIV status. The non-disclosure of
HIV-positive status may be a legitimate ground for requesting a divorce. People living with
AIDS or HIV-positive people who develop opportunistic infections are entitled to disability
benefits and they may also benefit from social welfare.
22. The Government of Singapore provided information on its national AIDS programme
which focuses on prevention and education, detection of HIV-infected cases and managing HIV
prevention. Significant funding has been allocated for HIV education for the general public, in
the workplace and in schools, as well as for campaigns for at-risk groups such as sex workers
and their clients and men who have sex with men. Together with the Singapore National
Employers Federation, the Government has developed an HIV workplace policy. HIV is a
legally notifiable disease in Singapore but the confidentiality of people living with HIV is
protected by law.
23. Information provided by the Government of Switzerland highlighted the fact that the
national programme of HIV and AIDS is based on human rights standards as provided for in the
Constitution, the European Convention on Human Rights and other applicable international
human rights conventions. Heterosexual sex is the main mode of HIV transmission in
Switzerland and in the last few years the number of HIV-positive women has increased. HIV
interventions are gender-specific and targeted programmes have been developed to reach
vulnerable groups such as female migrants and sex workers. A recent study undertaken by the
Swiss AIDS Transmission Survey indicates that 61 per cent of all new infections in women
take place in stable relationships. Sex education is available for children in school, where
gender-specific HIV-prevention messages are promoted. Efforts to combat HIV are based on
partnerships with civil society and the national programme on HIV has identified the following
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