My rights
Rights are basic things that everyone is entitled to, no matter who they are, in order to live well and be free of others’ control or maltreatment. Laws are created in order to protect these rights.
In this section, find out how your rights are protected as someone living with HIV in different situations. Also, learn more about the law around the reckless transmission of HIV and how to protect yourself and others.
The Equality Act
In the UK, the Equality Act protects people from being treated badly because of who they are. There are many different identities that are protected under this law, called ‘protected characteristics’. These include race, gender, sexual orientation, gender identity, age, disability, and religion/belief, among others.
People living with HIV are specifically protected under the disability characteristic. Whilst most people living with HIV may not feel disabled, there are many health conditions that are protected under this characteristic. The important thing is that this law exists to protect people with HIV in different spaces from being treated differently or discriminated against because of their HIV, including in relationships, school or university, work, and when accessing healthcare.
Confidentiality
Another right to be aware of is your right to confidentiality. Confidentiality means that information about your health cannot be shared with anybody else unless you have given your explicit permission for this to happen. If you are under 16, your parents or carers may have to agree to share information on your behalf. If someone in a professional role breaks your confidentiality, including a teacher or health worker, they can be prosecuted.
Sex and relationships
In the UK, you do not have to tell anyone you are dating or having sex with about your HIV status. You have a right to privacy and to share your HIV status with another person when and how you want to.
However, if you know about your HIV, do not take steps to prevent it being passed on, and do pass it on to a sexual partner, this could result in legal action being taken against you.
Reckless transmission of HIV
You may have seen stories in the news about people living with HIV being taken to court for the ‘reckless transmission of HIV’ – the intentional or reckless transmission of HIV to another person. This is very rare, but it’s important to understand the law in this area in order to protect yourself and others.
In order to be tried for this offence, you would need to have done all of the following:
- Known you had HIV when you had sex with the person
- Known how HIV was transmitted when you had sex with the person
- Didn’t tell the person you had HIV
- Didn’t protect the other person from contracting HIV, e.g. with a condom
- The person got infected with HIV from having sex with you.
So, even though you don’t have to tell a sexual partner about your HIV, you do have to ensure they are protected. Knowing you have an undetectable viral load when you have sex, for example, or using a condom. Condoms protect against other STIs and prevent unplanned pregnancies, so even people who have an undetectable viral load should consider using them.
Keep in mind that whilst this is the law in the UK, it may be different in another country. Elsewhere in the world, you may have to legally tell someone about your HIV status before having sex, even when there is no risk of passing on HIV.
Read more: Search the HIV Criminalisation Database
My rights at school and university
Everyone has the right to education. You do not need to tell your school, college, or university about your HIV if you don’t want to. And if you do, you have the right to confidentiality. Read more about your rights in education settings.
My rights at work
Thanks to recent campaigns, no jobs are now off-limits to people living with HIV in the UK. Some jobs require you to share your status, such as if you want to beomce a dentist, midwife, or join the armed forces. Read more about your rights in the workplace.
Universal precautions
Someone with a job that involves touching bodily fluids (like blood, semen, saliva, vaginal
fluid etc.) needs to ensure they follow ‘universal precautions’.
Universal precautions are a set of rules to stop infection from one person to another. For example, under universal precautions, a dentist or surgeon must ensure the equipment they use is clean. Or a nurse must wear gloves if they are putting plasters on a cut or taking blood. People who work in hospitals, GP surgeries, or dentist surgeries must follow these rules. The rules are the same for everybody and ensure that everyone is protected. This means you do not have to tell people about your HIV in certain settings.
Healthcare
Your rights in healthcare include confidentiality and protection from discrimination. Healthcare professionals must not tell anyone else information about your health unless you give them permission to. If you are under 16, a doctor will need to get permission from your parent or carer before sharing this information.
You are allowed to ask to see your medical records (the documents, or computer files with details of all your health information), if you want to know what they say and where they are held. You also have a right to discuss your healthcare plan with your HIV clinic and tell them if you think things are not working well for you. You should always be asked about your views and wishes in relation to your healthcare. Find here a checklist to help ensure you cover your main concerns in clinic appointments.
Dentists
You do not have to tell your dentist that you have HIV. They may ask when you join the surgery, but you do not have to give them this information. Dentists have to follow universal precautions so they do not need to know if you have HIV for safety reasons. They cannot refuse treatment because of your HIV.
However, it may be helpful to tell them. If a dentist prescribes medication, it is important to find out how it will interact with your HIV medication. But if you don’t feel comfortable mentioning this to your dentist, talk to your HIV doctor about it instead.
Tattoos and piercings
If you live with HIV, you can have piercings and tattoos, as long as you are over 18, or have permission from your parents. All tattoo and piercing studios should be following universal precautions. This means all equipment (like needles) will be clean. No one can refuse to give you a tattoo or piercing because you have HIV.
Sport
There is nothing stopping you from taking part in sports and other activities. If you feel like you have been prevented from taking part in a sport because of your HIV or treated unfairly, tell someone. You may have been discriminated against, and this is illegal. Talk to your nurse, doctor, social worker, or to us here at Chiva. We can work out what to do next, together.
