Whilst there have been improvements in legal protection for people living with HIV, other developments have failed to respect the human rights of people living with HIV. We are continuing to campaign to protect people living with HIV from discrimination and working to help people understand and respect the needs and rights of people living with HIV.
The Equality Act
NAT warmly welcomes the new and comprehensive Equality Act, something which we have advocated for a long time. The main provisions of the Act, came into force in October 2010.
Amongst the important provisions in the new Act is the prohibition of discrimination by perception and association. This protection will make a real difference to the partners, families and carers of people living with HIV, as well as to those sometimes thought to be HIV positive such as gay or bisexual men.
NAT also welcomes the new single Equality Duty, which will replace the current Disability, Race and Gender Duties from April 2011. In addition to the general Equality Duty, certain public bodies have a specific duty to fulfil. You can see what NAT have been saying about this here.
NAT was pleased that the Act contained provisions to protect people from dual discrimination but is disappointed that subsequently the Government have decided not to bring this much needed protection into force. Many people experience discrimination based on their HIV status and sexual orientation and/or ethnicity and so this decision represents a backward step.
NAT is delighted by the inclusion within the Act of measures to strengthen employment tribunals’ enforcement powers. Previously employment tribunals could only make recommendations that directly benefit the person who has been discriminated against. The Act allows employment tribunals to make broader recommendations in discrimination cases, which will benefit the wider workforce and help to prevent similar types of discrimination occurring in the future.
We are also very pleased by the inclusion within the Equality Act of a ground breaking clause that will for the first time see the prohibition of health questionnaires prior to an offer of employment. This is a significant step forward towards the end to discrimination in recruitment for people living with HIV. NAT played a key role in the campaign to prohibit the use of these questionnaires that have enabled less scrupulous employers to filter out applicants with a disability or long term health condition.
Click here to read the Equality Act in Full
HIV and Employment Research Project
NAT has long been involved in campaigning for a fair deal for people living with HIV at work. Our employment research, Working with HIV, shows that overall the picture is a positive one, but discrimination does still go on and many people living with HIV are unaware of their employment rights.
Find out more about workplace discrimination.
Blood donation
On 8 September the Department of Health announced a change to blood donation rules - England, Scotland and Wales will end the lifelong ban on blood donation for any man who has ever had oral or anal sex with another man. Instead there will be a one year deferral - see the joint press release from NAT, THT and GMFA here.
NAT secured the review undertaken on the MSM blood donation policy, and with THT, GMFA and Stonewall were amongst the members of a working group of SaBTO (the Advisory Committee on the Safety of Blood, Tissues and Organs) which made this recommendation. Many tens of thousands of men will be able to donate blood for the first time as a result of this rule change but of course sexually active gay men will remain unable to donate - this is because of the window periods during which Hepatitis B (one year) and HIV (maximum three months) may not be picked up in blood service screening. NAT believes the new policy is the best response to current evidence, maximising those who can donate while protecting the safety of the blood supply. Gay men are encouraged to comply with the new rules. These rules should, however, be kept under review in the light of any new evidence.
Whilst the rule change for gay men is good news - there were two disappointments. Northern Ireland has not adopted the change - NAT will be writing to the Northern Irish Minister. And there was also a working group recommendation to end the lifelong ban on sex workers giving blood - this was rejected. NAT believes there is no evidence to support this lifelong ban and will continue to campaign for its removal.
NAT had secured the review by arguing that -
- newer and more reliable testing technology made earlier estimates of risk outdated,
- equalities legislation required SaBTO to reassess their policies in light of new anti-discrimination obligations, and
- keeping the issue 'under review' was inadequate as a response to concerns; a commitment to a proactive, comprehensive and timetabled review of the evidence was necessary.
For the exchange of letters with SaBTO, which secured the current review, see below:
12 November 2008 Letter from NAT to SaBTO asking that SaBTO undertake a review of the lifetime bans currently in place in relation to blood donation.
8 December 2008 Response from SaBTO to NAT
19 December 2008 Follow-up letter from NAT to SaBTO
24 February 2009 Response from SaBTO to NAT
12 March 2009 Press Release by National Blood Service ‘Blood policy review to follow new research'
11 December 2009 Letter from NAT to SaBTO following SaBTO’s public meeting on the issue of lifelong blood donation exclusions
20 January 2010 Response from SaBTO to NAT