VolumeVol. 53 • Number No. 1 • January - March 2015 Back

Legal Prescription

Anonymous HIV Testing

Authors: Rodel V. Capule

DOI: 10.65564/pjim.7c0683d11d

Date of Publication: March 2015


Abstract

Sexually transmitted infections, particularly HIV, remain deeply stigmatized conditions that compel individuals to guard their privacy. This article discusses the constitutional right to privacy of persons living with HIV and the legal safeguards established under the Philippine AIDS Prevention and Control Act of 1998. It explains the provisions for anonymous HIV testing—both unlinked and voluntary anonymous methods—and highlights their importance in protecting individuals from discrimination, harassment, and breaches of confidentiality. Anonymous testing remains essential for encouraging testing among those who fear social exposure of their HIV status.
 


References

  1. Gostin, Lawrence O., Hodge, Jr., James G., “Piercing the veil of secrecy in HIV/AIDS and other Sexually Transmitted Diseases: Theories of privacy and disclosure in partner notification”; Duke Journal of Gender Law & Policy, Volume 5:9 1998
  2. Doe v. City of New York, 15 F. 3d 264 (2d Cir. 1994)
  3. Section 3(b), Republic Act 8504 otherwise known as the “Philippine AIDS Prevention and Control Act of 1998”
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  5. Resolution No. 1, IRR of Rule 4, Section 29, “Testing, Screening and Counseling”, Republic Act 8504 otherwise known as the “Philippine AIDS Prevention and Control Act of 1998”
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