Dominican Republic: Availability of and access to treatment for HIV/AIDS, including social, private and international support and assistance; treatment of people with HIV/AIDS, including in cases where the person is part of a sexual minority, by society and when seeking treatment; recourse available for sexual minorities with HIV/AIDS in cases of discrimination in obtaining treatment (2011-2013)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 5 May 2014 |
| Citation / Document Symbol | DOM104879.E |
| Related Document(s) | République dominicaine : information sur l'accès aux traitements contre le VIH ou le sida et la disponibilité de ces derniers, y compris l'aide et le soutien offerts par les secteurs public et privé ainsi que par des organisations internationales; traitement qui est réservé aux personnes atteintes du VIH ou du sida, y compris dans les cas où ces personnes appartiennent à une minorité sexuelle, par la société et lorsqu'elles tentent d'obtenir un traitement; assistance offerte aux membres de minorités sexuelles atteints du VIH ou du sida qui sont victimes de discrimination lorsqu'ils cherchent à obtenir des traitements (2011-2013) |
| Cite as | Canada: Immigration and Refugee Board of Canada, Dominican Republic: Availability of and access to treatment for HIV/AIDS, including social, private and international support and assistance; treatment of people with HIV/AIDS, including in cases where the person is part of a sexual minority, by society and when seeking treatment; recourse available for sexual minorities with HIV/AIDS in cases of discrimination in obtaining treatment (2011-2013), 5 May 2014, DOM104879.E , available at: https://www.refworld.org/docid/537db38a4.html [accessed 30 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
1. Legislation
Law No. 135-11, enacted by the President of the Dominican Republic on 7 June 2011, is a juridical frame guaranteeing that the rights included in the Constitution, the laws and international conventions also apply to people with HIV/AIDS (Dominican Republic 2011, Art. 1). The Law provides rights to comprehensive health care, confidentiality, procreation and free association; it bans the unlawful dismissal of employees with HIV/AIDS; and it addresses discrimination in employment and education (ibid., Ch. 3). Sources indicate that the new law replaces the law adopted in 1993 (Acento and Agencia EFE 14 June 2011; Corresponsales Clave 15 June 2012).
However, sources indicate that the 2011 law violates the human rights of people with HIV/AIDS, particularly with Articles 78 and 79 (ibid.; HIV Justice Network 22 June 2012). Article 78 stipulates that a person with HIV/AIDS who does not inform his or her sexual partner about their condition will face between two and five years imprisonment (Dominican Republic 2011). Article 79 indicates that a person with HIV/AIDS who intentionally spreads the disease will be subjected to a prison term of 20 years (ibid.). HIV Justice Network, a global information and advocacy group for individuals and organizations working to end the use of laws criminalizing people with HIV/AIDS (HIV Justice Network n.d.), indicates that the law promotes the "criminalisation, persecution and seclusion of people living with HIV" (ibid. 22 June 2012). Corresponsales Clave, a group of international correspondents that provides HIV/AIDS-related information (Corresponsales Clave n.d.), indicates that the law also [translation] "lays the foundation for the perpetuation of discriminatory attitudes and acts and stigmatization" against people with HIV/AIDS (ibid. 15 June 2012).
2. Statistics
A report produced by the National Council on HIV and AIDS (Consejo Nacional del VIH y SIDA, CONAVIHSIDA), the government agency that administers programs to fight HIV/AIDS (Dominican Republic n.d.), indicates that, as of December 2013, around 43,984 people were infected with HIV/AIDS in the Dominican Republic (ibid. 2013, 7). The report indicates that the number of newly infected people decreased from 2,636 in 2007 to 1,372 in 2013, and the number of deaths from HIV/AIDS decreased from 3,388 in 2007 to 1,339 in 2013 (ibid.). The report also indicates that the number of people receiving antiretroviral treatment as of December 2013 was 23,064 (ibid., 18). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3. Services and Effectiveness
Information on government and international support services was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
The CONAVIHSIDA report indicates that there are 77 state-run treatment centres in 30 provinces, which provide services to HIV patients, up from 3 in 2000 (Dominican Republic 2013, 17, 24). The report indicates that antiretroviral treatments would be administered by the Dominican System of Social Security (Sistema Dominicano de Seguridad Social); however, the Basic Health Plan (Plan Básico de Salud) excludes the provision of antiretroviral medicines due to the [translation] "high" cost (ibid., 31). The increase in the coverage for antiretroviral treatments left a budgetary gap of US$3,809,865 in 2013 (ibid., 22). As of the date of the report, around 7,635 people with HIV/AIDS were covered by the subsidized health care plan (ibid., 30). Hoy Digital, an electronic news agency based in Santo Domingo, quotes the Director of CONAVIHSIDA as saying that [translation] "'certain groups'" face discrimination when receiving treatment for HIV/AIDS, particularly female adolescents, sex workers, homosexuals and drug addicts (2 Dec. 2012). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The CONAVIHSIDA report indicates that 59.62 percent of the companies it surveyed had implemented anti-discrimination policies for people with HIV/AIDS (Dominican Republic 2013, 28). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
In May 2013, the UN Development Programme (UNDP) and CONAVIHSIDA organized a consultation of civil society organizations on the situation of HIV/AIDS in the country (UN 4 Dec. 2013, 2). Approximately 120 people representing NGOs, government agencies and observers participated (ibid., 3). The findings of the consultations include the following:
there is a lack of specialized attention for disabled people with HIV;
there is employment discrimination in the private sector, including dismissals from employment when an employee turns out to be HIV positive, or when the spouse of the employee is HIV positive;
immigrants who are HIV positive are refused permanent residency or their permanent residency is not renewed;
there is discrimination in schools and health care centres;
there is police discrimination and abuse;
there is a lack of medicines as well as delays in providing medicines to HIV/AIDS patients;
medicines for HIV are not included in the subsidized Basic Health Plan (ibid., 10-37).
The US Country Reports on Human Rights Practices for 2013 for the Dominican Republic indicates the following:
Persons with HIV/AIDS faced discrimination, especially in the workplace. According to UNAIDS, there were approximately 41,000 persons with HIV/AIDS in the country.
Although the law prohibits the use of HIV testing to screen employees, Human Rights Watch and Amnesty International reported that workers in various industries faced obligatory HIV testing in the workplace. Many workers or patients found to have the disease were not hired, were fired from their jobs, or were denied adequate health care. (US 27 Feb. 2014, 40)
Country Reports 2013 also states that nine percent of the prison population was HIV/AIDS positive and "[e]fficient logistics and timely transportation to and from the hospitals were a problem. Many inmates could not attend their monthly appointments" (ibid. 5-6).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Acento with Agencia EFE. 14 June 2011. "La nueva ley del VIH-SIDA." [Accessed 25 Apr. 2014]
Corresponsales Clave. 15 June 2012. Vladimir Encarnación Jáquez. "Ley de SIDA en República Dominicana: una apuesta por el retroceso." [Accessed 25 Apr. 2014]
_____. N.d. "Quiénes somos." [Accessed 1 May 2014]
Dominican Republic. 2013. Consejo Nacional para el VIH y el SIDA (CONAVIHSIDA). Memoria Anual 2013. [Accessed 24 Apr. 2014]
_____. 2011. Ley No. 135-11. [Accessed 25 Apr. 2014]
_____. N.d. Consejo Nacional para el VIH y el SIDA (CONAVIHSIDA). "¿Quiénes somos?" [Accessed 1 May 2014]
HIV Justice Network. 22 June 2012. "Dominican Republic: Urge President Fernández to Repeal HIV Criminalisation Laws." [Accessed 1 May 2014]
_____. N.d. "About Us." [Accessed 1 May 2014]
Hoy Digital. 2 December 2012. Lily Luciano. "La realidad del SIDA en el país." [Accessed 25 Apr. 2014]
United Nations (UN). 4 December 2013. United Nations Development Programme (UNDP). Diálogo nacional sobre el VIH y el Derecho: Resumen ejecutivo de informe y recomendaciones República Dominicana. [Accessed 25 Apr. 2014]
United States (US). 27 February 2014. Department of State. "Dominican Republic." Country Reports on Human Rights Practices for 2013. [Accessed 1 May 2014]
Additional Sources Consulted
Oral sources: Attempts to contact representatives of the Consejo Nacional del VIH y SIDA and Solidarity Alliance for Combating HIV/AIDS were unsuccessful.
Internet sites, including: Al Momento; Amnesty International; Dominican Republic - Ministry of Health; Dominican Today; ecoi.net; El Nuevo Día; Factiva; Fédération internationale des ligues des droits de l'homme; France TV; Freedom House; Global Network of People Living with HIV; Human Rights Watch; Minority Rights Group International; Noticias Sin; Observatorio Político Dominicano; Reporters sans frontières; Stigma Index; United Nations - Refworld, UNAIDS, UNICEF, UNWomen; United States - Agency for International Development; World Bank.
