Greek Ombudsman

Athens, May 10, 2012 Press Release The disclosure of information and pictures of people living with HIV/AIDS offends human dignity and violates the rights of the patient The recent publication of photographs and personal data of HIV-positive people on grounds of protecting public health supported falsely and misleadingly that the protection of public intrest is an exercise that could not be combined with the parallel protection of fundamental civil rights, degrading the constitutional and European legal culture. The Greek Ombudsman has pointed out in past reports that measures of protecting public health could not violate rights of patients and people living with HIV/AIDS. The detection of infection by HIV of illegal female sex workers who were also addicted to drugs, apart from the need of medical care and treatment for the patients themselves, makes clear the need to take immediate measures to safeguard public health and to prevent wider dissemination of the HIV virus. These measures to serve the intended purpose however may not exceed the appropriate and necessary balance according to the constitutionally guaranteed principle of proportionality. The disclosure of individual data and photographs not only violates rights that are inextricably linked to the respect for human dignity and the status of every patient but is also an unsuitable measure for prevention and for the protection of public health. The fact that a significant number of people contacted the relevant departments in order to tes for HIV, confirms that the critical element in public information is not the publication of private information and photos (of a growing number) of HIV positive persons but the information about the existance of the virus to specific establishments or areas in the center of Athens. The recent events highlight in a dramatic way the negative effects of the failure to manage effectively a problem that constitutes a social phenomenon. Since the Law "Persons who are Paid to have Sex" came into power in 1999 and up to this day, the Greek Ombudsman has received a significant number of reports, the investigation of which has revealed severe difficulties in its implementation. In 2003, the Ombudsman produced a report which proposode improvemens to the legislative framework as a contribution to the then impending change. Finally, in view of the unwillingness to proceed with this legislative change, the Ombudsman in numerous subsequent interventions highlighted the obligation to implement the existing legislative framework, since this activity [sex work] remains uncontrolled, with implications on the protection of public health and safety but also on the human rights of those engaged in this activity. The Ombudsman intends to appeal directly to the relevant public agencies with specific proposals for the necessary legislative changes. More information: Roy Tzavara tel- +30 210 7289610, Angela Tzatha +30 210 7289627, Petros Parayios +30 210 7289625 and mob +30 6977 366424