Legal and Regulatory Regulation of Medical Care for HIV-Infected Citizens in the Republic of Armenia

The Republic of Armenia, including the Republic of Armenia, has experienced severe socio-economic and demographic consequences as a result of the global spread of the disease caused by HIV-infection.

The Republic of Armenia has a Republican AIDS Center, which was established to prevent and control HIV-infection in the Armenian population.

In order to protect the rights and legal interests of the Armenian population, the National Assembly passed the ‘Law on the Prevention of the Disease Caused by Human Immunodeficiency Virus’, dated February 3, 1997.

According to the content of this law, the state guarantees the following:

First, systematic information to the Armenian population, including through the mass media, about available measures to prevent HIV infection.

Second, the availability of medical examinations to detect HIV infection (both open and anonymous).

Third, the free provision of all types of qualified and specialized medical care to HIV-infected citizens of the Republic of Armenia.

Article 25 of the Law of the Republic of Armenia ‘On Medical Care, Population Services’ provides funding for targeted programs aimed at AIDS prevention, treatment and social protection of HIV-infected people.

Practice shows that most people take precautions against those who are HIV-positive. Sometimes it even goes as far as restricting their rights and freedoms, which clearly contradicts the principles of the rule of law.

According to Article 6 of the Law “On the Prevention of a Disease Caused by HIV,” the fact of being infected with HIV in the territory of Armenia can in no way serve as a legal basis for restricting the rights and freedoms of those infected with the disease.

In other words, discrimination against Armenian citizens in any form based on their HIV status is prohibited in the Republic of Armenia.

For example, it is strictly prohibited to refuse to hire individuals infected with HIV in educational institutions or jobs. The rights and freedoms of such people may be limited only in exceptional cases and only by the RA Law.

According to Article 10 of the Law of the Republic of Armenia, laboratory HIV testing to detect HIV infection is voluntary and anonymous.

According to Armenian legislation, citizens affected by HIV disease are entitled to compensation for the losses incurred due to the restriction of their rights (freedoms) that occurred due to the disclosure of information about their HIV status.

Article 14 of the RA Law “On the prevention of the disease caused by HIV infection” describes in more detail the rights of HIV-positive people.

As we all know, the block of rights of the subjects of legal relations cannot exist without a corresponding block of obligations. This has become an unavoidable axiom for the whole world.

In this context, the Armenian legislator has given the following responsibilities to citizens living with HIV:

First, such people must take all possible measures to prevent the spread of the disease.

Second, people living with HIV have an obligation to inform their partners before they become infected that they might be infected.

It is well known that HIV is naturally transmitted through sexual intercourse, during pregnancy, childbirth and breastfeeding, as well as through blood transfusions or the use of instruments that have been contaminated with HIV-infected blood.

For example, HIV can be transmitted when a person is pierced if the instruments were contaminated with HIV-infected blood.

Third, people infected with HIV in all circumstances must refuse to donate blood or other biological fluids, cells, organs and tissues for medical purposes.

Article 15 of the Law on the Prevention of Disease Caused by HIV infection deals with the rights of HIV-infected children and their parents or other legal representatives.

Parents (legal representatives) of an HIV-infected child have the right to

  • To stay with their child in the hospital jointly
  • Leave from work, for as long as they are required to be with their child
  • Receive the benefits established for their children and for themselves
  • To use their annual leave at any time convenient for them

It is important to note that in the Republic of Armenia, the length of time a parent is released from work to care for an HIV-infected child is included in his/her employment record.

According to Article 7 of the RA Law on ‘Prevention of disease caused by HIV’, foreign citizens and stateless individuals arriving in the Republic of Armenia for a period of more than 3 months shall be issued an Armenian visa if they can prove their lack of HIV infection.

If they do not provide this certificate, foreign nationals and stateless individuals must undergo a mandatory HIV test in the Republic of Armenia within one month.

According to Article 8 of the RA Law ‘On the Prevention of a Disease Caused by HIV Infection’, if HIV infection is detected in the bodies of foreign citizens and stateless persons in the Republic of Armenia, they are subject to administrative deportation from Armenia immediately