HIV Legal Aid. Региональная сеть правовой помощи людям с ВИЧ

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Decisions of national courts

The Decree of the Civil and Administrative Board of the Supreme Court of Justice of Moldova, issued on April 15, 2010

05.09.2015

On December 30, 2008 B.V. applied to the Military Center of the Chisinau municipality (hereinafter referred to as the Center) for issuance of his military identification card to be able to apply for the identity card and driving license. The Medical Board of the Center has found that B.V. was unfit for military service and excluded him from the military records on the grounds that he was seropositive. B.V. was given the certificate № 35, in which it was stated that B.V. was unfit for military service on the basis of the paragraph №5 of the List of conditions and illnesses to determine fitness for military service, approved by the Decree №177 of the Ministry of Defence on June 30, 2003 (hereinafter referred to as the certificate). At public agencies, where B.V. had to present the certificate, he learned that the paragraph referred exclusively to HIV/AIDS. It had caused a profound mental suffering to B.V., because any person at any moment could find out about his condition, which could lead to his complete isolation.

B.V. had requested to cancel the certificate and to issue a new one which doesn't breach the confidentiality of his status, and to compensate his moral damages estimated as 10 000 lei.

On December 1, 2009 the Cassation Board of Chisinau issued a decision on the cancellation of the certificate, obligated the Center to issue another certificate, which would maintain medical confidentiality, without any reference to the reason for exclusion from the military records and to recover the moral damages of 500 lei in favour of B.V.

The Civil and Administrative Board of the Supreme Court of Justice concluded that the actions of the Center for the issuance of the certificate were regulated by the law. The Chamber also pointed out that the conclusion that the defendant's confidentiality was breached is erroneous, since the paragraph №5 includes many diseases other than HIV / AIDS.

The Board also noted that the certificate of being unfit for military service was not a public document and so it should have been presented to a narrow circle of the authorities of the state, and hiding the fact of having immunodeficiency syndrome could be dangerous to the society under certain conditions.

In the light of the aforementioned, the Board decided to satisfy the cassation appeal of the Centre to reverse the decision of the trial court to make a new decision to dismiss the B.V.'s lawsuit to the Center.

The text of the judgement in Russian (see the link)

 

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Собственное бессилие столь же опасно, как чье-то насилие
Станислав Ежи Лец

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