Question & AnswerQ&A (Republic Act No. 11166)
The short title of Republic Act No. 11166 is the "Philippine HIV and AIDS Policy Act."
The response is anchored on the principles of human rights upholding human dignity.
HIV Testing refers to any facility-based, mobile medical procedure, or community-based screening modalities that are conducted to determine the presence or absence of HIV in a person's body. It is confidential, voluntary, accompanied by counseling, and only conducted with the informed consent of the person.
Persons Living with HIV (PLHIV) refer to any individual diagnosed to be infected with HIV.
Compulsory HIV testing is allowed when it is necessary to test a person charged with certain criminal offenses related to serious physical injuries or rape, to resolve relevant issues under the Family Code, and as a prerequisite for donation of blood in compliance with the Organ Donation Act and National Blood Services Act.
Penalties range from imprisonment of six months to seven years and fines ranging from Fifty thousand pesos to Five hundred thousand pesos depending on the severity and the person breaching confidentiality. Health professionals and those handling medical records have higher penalties.
Discriminatory acts include rejection or termination of employment based on HIV status, discrimination in learning institutions, travel and habitation restrictions, shelter restrictions, prohibition from public office, exclusion from credit and insurance, denial of health services and burial services, bullying, and other analogous acts based on actual, perceived, or suspected HIV status.
The Secretary of Health is the permanent Chairperson of the PNAC.
The PNAC is mandated to develop the AIDS Medium Term Plan (AMTP), ensure its implementation, strengthen government and CSO collaboration, develop policies and guidelines, monitor progress, mobilize funds, recommend policies, and coordinate with foreign and international organizations on HIV and AIDS.
Consent for voluntary HIV testing of minors aged 15 to below 18 shall be obtained from the minor without the need for parental or guardian consent, respecting the principle of evolving capacities of the child. Proper counseling must be provided.
The law protects any person involved in provision of HIV and AIDS services from suit, arrest, prosecution, and liability related to their delivery of such services, except for acts violating the provisions of the Act.
It is unlawful for media and social media entities to disclose the name, picture, or any identifying information of PLHIV or any confidential HIV and AIDS information without prior written consent of the individual except as provided by relevant laws.
The education includes basic and age-appropriate instruction on causes, transmission modes, prevention, and treatment of HIV and AIDS and other STIs, incorporating human rights-based principles, stigma reduction, and referral mechanisms for key populations and vulnerable communities.
DOH is responsible for coordinating the National HIV and AIDS Prevention and Control Program, maintaining the monitoring and evaluation program, setting testing and treatment guidelines, accrediting facilities and counselors, and ensuring delivery of HIV services based on the AMTP.
PLHIV shall not be deprived of employment, livelihood, micro-finance, or cooperative programs due to their HIV status. DSWD, DILG, DOLE, and TESDA shall develop policies to ensure economic empowerment and independence for PLHIV.