2023 Report on Human Rights Violations
PEOPLE LIVING WITH HIV ARE ADVOCATING FOR THEIR RIGHTS
Pozitif-iz Association highlights the rights violations faced by people living with HIV in its latest report. The report underscores that violations of the right to work and access healthcare are the most pressing issues. Foreign citizens in Turkey continue to experience challenges regarding their right to health access. Also, applications to Pozitif-iz for support from the regions affected by the earthquake have increased.
Pozitif-iz Association has published this year’s annual report on rights violations. 2023 Report on Human Rights Violations faced by HIV Positive Individuals showcases that since we started to publish rights violations reports in 2018, the number of applications and rights violations we have received has increased by more than 857 percent. This 8.6-fold increase in violations highlights the growing discrimination and stigmatization faced by people living with HIV.
In this report, applications received by Pozitif-iz Association in 2023 were anonymized and used as data. The report details the rights violations that people living with HIV experienced in 2023.
This report analyzes the quality and quantity of applications received by Pozitif-iz Association in 2023, as well as the types of rights violations experienced. At the end of the report, we tried to include findings and suggestions on why violations related to HIV have become entrenched despite the fact that Turkey has a patient rights legislation and it naturally covers people with HIV, how there are obstacles to seeking rights for people with HIV in Turkey, why people with HIV have difficulty in taking action against violations, and what civil society organisations and the state can do about all these.
In 2023, Pozitif-İz Association received a total of 360 applications from counselee reporting rights violations. While the proportion of applicants who experienced rights violations was approximately 28 percent in 2022, this rate increased to around 33 percent in 2023.
Intersectional rights violated together
For most of the rights violations classified by Pozitif-iz Association, several rights were violated together. These multiple violations predominantly involved breaches of the right to work legislation and health access legislation.
As a result of the counseling provided for the 360 applications received by Pozitif-iz Association, 17 applicants pursued legal remedies. Of these applicants, 42% sought assistance from the Association for violations related to health access legislation, 29% for issues concerning employment rights legislation, 9% for violations related to personal data protection laws, and another 9% for issues regarding travel and shelter rights. Additionally, 4% sought help for violations related to criminal law, 4% for family law violations, and the remaining 3% for violations based on military legislation.
The most frequently reported violations were related to access to health and labor rights.
When categorized by rights, the right to access health services was the most violated, accounting for 42 percent, followed by the right to work at 29 percent. Compared to the previous year, there has been a significant proportional increase in violations of the right to work. Violations of the right to work, which represented 19 percent of all violations in 2022, increased by 10 percent to 29 percent in 2023.
The issue of General Health Insurance (GHI) for foreigners persists
In 2023, as in 2022, a significant portion of the applications received by Pozitif-iz Association involved complaints about the GHI coverage for foreign citizens. Many of these complaints stemmed from the belief that individuals were infected with HIV before their GHI entry, which led to the exclusion of their medications and treatments from reimbursement. This was recorded as a violation of the right to access health services.
The difficulties foreigners face in accessing medications not only harm their personal health but also pose a broader public health challenge.
Applications from the regions affected by the earthquake increased
The impact of the February 6 earthquakes was reflected in the applications to Pozitif-iz Association. In 2023, the number of applications from Adana, Gaziantep, Hatay and Kahramanmaraş provinces rose compared to the previous year.
During the first week following the earthquake, transportation issues, poor communication and coordination, and the destruction of buildings housing health service providers made it difficult for people living with HIV to access health services and medications, causing significant fear and anxiety in these regions.
Insights from the Pozitif-iz Association
Cihan Tuğcu, the lawyer for the Pozitif-iz Association, shared the following insights on the applications: "Although there has not been a significant increase in the number of counseling sessions, the rise in applications involving rights violations can be attributed to both an increase in violations and greater awareness among individuals living with HIV about their rights and how to assert them. Individuals living with HIV who experienced rights violations chose to take action and assert their rights by reaching out to Pozitif-iz Association. The reluctance of most applicants who experienced rights violations to pursue legal action can likely be attributed to their preference for resolving issues through alternative means rather than litigation."
Highlighting that rights violations are a serious issue impacting not only individuals living with HIV but society as a whole, activist Çiğdem Şimşek, a board member of the Pozitif-iz Association, addressed those living with HIV with the following message: “Dear friends living with HIV, please don’t worry about whether you might experience a violation of your rights. It is important for you to know your rights and to assert them in any situation that arises. If you experience a rights violation, Pozitif-iz Association is always here to support you with both peer support and legal counseling services. HIV is a medical condition and a manageable health issue. You have the same rights as everyone else. Contact us before any potential violations occur. Let’s stand up for your rights together."
You can access the report via https://tls.tc/84TvT
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Reports on past years' human rights violations
2022 Report on Human Rights Violations and Legal Advice: https://tls.tc/GCTUT
2021 Report on Human Rights Violations and Legal Advice: https://tls.tc/z1JaN
2020 Report on Human Rights Violations and Legal Advice: https://tls.tc/56YMf
2018-2019 Report on Human Rights Violations and Legal Advice: https://tls.tc/omA0e
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About Pozitif-iz Association
Pozitif-iz is a non-governmental organization dedicated to empowering individuals living with HIV and their families, enhancing their physical, mental, and social well-being. In line with this mission, Pozitif-iz provides essential support and counseling services tailored to their needs. Additionally, Pozitif-iz works to combat stigma surrounding HIV and AIDS by spreading accurate, up-to-date information on the topic.
In addition to addressing HIV as a matter of individual and public health, Pozitif-iz views it through the lens of human rights and conducts its activities accordingly. The founders of Pozitif-iz are dedicated activists with over 15 years of experience in the field of HIV and AIDS, having committed themselves fully to this mission. Its members and volunteers come from a diverse array of professional backgrounds.
About the report:
“2023 Report on Human Rights Violations: People Living with HIV Are Advocating for Their Rights” was produced with the financial support of the European Union provided under the Etkiniz Programme. Its contents are the sole responsibility of Pozitif-İz Association and do not necessarily reflect the views of the European Union.
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