10.1. What are my legal and human rights for everyday life?

Human rights protect individuals and groups against actions (or the lack of actions) that affect their freedom and human dignity.
Everyone has the right to have their dignity respected and protected. A person or institution hospital or company) may not insult or damage any person by their words or actions.
Freedom and security includes the right to:
* Make decisions about reproduction (having children)
* Security and control over your body
* Not to be subjected to medical or scientific experiments without informed consent
* Make your own decisions about medical treatment and pregnancy, e.g. you cannot be forced to test for HIV
* Not to be treated in a cruel or degrading way by any person or institution
Privacy
If you have HIV or AIDS, this information is private; you have the right to keep it to yourself. An employer or hospital cannot force you to tell them or force you to have a blood test to find out your status.
Freedom of expression
You have the right to freedom of expression, which includes freedom to receive or give out information or ideas. This right is important, particularly when it comes to making sure the correct information about how to prevent HIV is available in schools or prisons.
Freedom of association
You can associate with any person or organisation you choose. You cannot be forcefully separated from other people.
Freedom of movement and residence
You have the right to enter, remain in and to live anywhere in the country. If you have HIV or AIDS, you are free to move around the country. You cannot be forced to live in a separate place away from the rest of the community.
Freedom of trade, occupation and profession
You have the right to choose a trade, occupation (job) or profession freely. People with HIV or AIDS can choose what kind of work they want to do, e.g. you may not be told that you cannot be a doctor, a teacher or a healthcare worker.
Labour relations
You have the right to fair labour practices. No-one may be unfairly discriminated against at work.
Environment
You have the right to an environment that is not harmful to your health or well-being. This right is important for people with HIV living in state institutions such as prisons or psychiatric hospitals.
Housing
You must be given access to adequate housing. You cannot be evicted from your home or have your home demolished without an order of court. People living with HIV or AIDS may not be refused a subsidy or loan to buy a house. Evicting a person from a house or flat because of their health is also unlawful.
Education
Everyone has the right to a basic education, including adult basic education. If you have HIV or AIDS, you have the same right as other people to education. A school cannot refuse to educate you or your child because you have HIV or AIDS.
Just administrative action
Everyone, whose rights have been negatively affected by administrative actions, has the right to be given written reasons. If you feel that you are being refused a social service (e.g. a house or education) for unfair reasons, you can demand these reasons in writing.
Arrested, detained and accused persons
Everyone who is detained, including every sentenced prisoner, has the right to conditions of detention that protect their dignity. Prisoners cannot be treated in a discriminatory or undignified way just because of their HIV status.
Access to information
Everyone has the right to have access to any information that is held by another person and that is needed to carry out or protect his rights. If you feel you are being discriminated against because of a policy, you can demand to see that policy and then challenge it in a court.
You have the same right with private institutions (e.g. companies) when it comes to information that may be kept about you (eg. your medical records). This right may also include the right of people who are held in state institution (such as prisons) to have access to education and life-skills training on issues such as HIV AND AIDS.
Health care, food, water and social security
* Everyone has the right to have access to health care services, including reproductive care (care in pregnancy, birth and beyond).
* Everyone also has the right to social security, including, if they are unable to support themselves and their dependants, suitable social assistance.
* No person may be refused emergency medical treatment.
* Hospitals or doctors cannot refuse to treat a person with HIV or AIDS.
* People with HIV or AIDS have the right to disability grants if they are too ill to support themselves or their families.
* If you work in a place where you have access to someone's medical records, it may be unlawful for you to talk about that person's HIV status - unless the person has given you written permission to do this.


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