HIV testing will remain voluntary as Fiji’s Public Health Act 1935 does not provide for mandatory testing, Health Minister Dr Ratu Atonio Lalabalavu has confirmed.
The confirmation comes as the Fiji Human Rights and Anti-Discrimination Commission called for Fiji’s response to the national HIV emergency to be grounded in human rights, warning against compulsory testing, unlawful disclosure of HIV status and discrimination.
Commissioner Chantelle Khan said the Government’s declaration of the HIV outbreak as a national emergency must translate into urgent, coordinated and adequately resourced action that protects human rights and dignity.
“HIV is not only a public-health issue. It is a human rights concern affecting the rights to life, health, dignity, privacy, equality and freedom from discrimination,” Ms Khan said.
The commission said any emergency powers used in response to the outbreak must have a clear legal basis and be lawful, necessary, proportionate and time-bound.
It warned that emergency measures must not be used to justify compulsory HIV testing, unlawful disclosure of a person’s status, arbitrary detention or restrictions based solely on HIV status.
“Every HIV statistic represents a person; a rights-holder entitled to dignity, healthcare, privacy and equal treatment.”
The commission also called for expanded voluntary and confidential testing, uninterrupted access to antiretroviral treatment and stronger prevention, counselling, harm-reduction, and maternal and child health services.
The commission said fear, blame and punishment could discourage people from seeking testing and treatment, while trust, accurate information and accessible services would help save lives.
