On October 22, 2019 the advocate of UHHRU public reception office in Odessa Yulia Lisova won one more legal case on PL HIV rights protection.
For two years already the Network of UHHRU public reception offices protect the rights of HIV-infected clients. The advocate of UHHRU public reception office in Odessa Yulia Lisova explains why only a few lawsuits on PL HIV rights violation are filed with court, why lawsuits sometimes are dragged for a long time and whether the courts are unbiased in the cases where HIV+ clients are involved.
“In my professional activity as a lawyer of UHHRU reception office in Odessa, in the framework of the project providing free support to the people living with HIV, I often deal with violation of the rights of people in this category. Only a few lawsuits are filed with court and there are two reasons for that: 1) part of the issues we manage to resolve through pre-court dispute resolution; 2) people in this category, as a rule, have negative experience of communication with the state authorities, thus they unwillingly go to court to protect their rights. But I can say from my experience that I did not notice any bias in such cases on behalf of the court.
If to talk specifically of this case, the following is characteristic for it – active position of the client – the father of the child. From the very beginning he was prepared to stand up for his rights in the court, actively participated in preparation of the lawsuit. Such readiness of the client is an important factor and the key to success.
The lawsuit was filed on July 1, 2019. It was heard during one court session on October 22, 2019. Long period of time between filing the lawsuit and consideration of the case is explained by general courts loading.
The main task in the court proceeding was to prove that the father fulfilled his duties of child support and upbringing. And the mother, which received alimony for child’s support, did not fulfill her parental duties at all.
In fact, this case can be an example of unbiased attitude to farther, regardless of his health condition, and his gender (as a rule, they unwillingly entrust children to men for upbringing). In particular, guardianship authorities supported the father”.
Photo Crisis Media Center
Ukrainian Helsinki Human Rights Union implements the project the project “Development of the legal network for protection of the people living with HIV/AIDS, representatives of key PLHIV communities and persons ill with TB” with the financial support of the Charitable organization “All-Ukrainian Network of the People Living with HIV/AIDS” in the framework of implementation of the project “Releasing the Burden of TB and HIV infection through creation of the open access to timely and quality diagnostics and treatment of the TB and its resistant forms, expanding evidence based prevention, diagnostic and treatment of HIV infection, and creation of stable and sustainable health protection systems”, which is implemented with the financial support of the Global Fund to Fight AIDS, TB and Malaria.
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