QuestionsQuestions (Republic Act No. 11166)
RA 11166 is the “Philippine HIV and AIDS Policy Act.” It repealed for that purpose Republic Act No. 8504, the “Philippine AIDS Prevention and Control Act of 1998.”
The law anchors the response on human rights and human dignity; prohibits discrimination based on HIV status and other attributes; guarantees confidentiality and non-compulsory HIV testing unless otherwise provided; ensures non-discriminatory HIV/AIDS services; and adopts a multi-sectoral, whole-of-government approach with meaningful inclusion of persons affected by HIV/AIDS.
It is unfair or unjust treatment based on grounds including HIV status (actual or perceived) and various personal attributes, which nullifies or impairs the recognition or enjoyment of rights and freedoms of persons similarly situated.
It is the duty of medical practice to keep patient-provided information and health status private, with limited sharing only among medical practitioners involved in professional care, who are also bound by confidentiality. It applies to health workers and any person who acquires such confidential information in an official capacity.
Voluntary HIV testing is done after pre-test counseling with the person’s willing submission. Compulsory HIV testing is imposed without consent due to lack of consent, use of force/intimidation, as a prerequisite for employment/other purposes, or other circumstances where informed choice is absent.
The PNAC must include specified government agencies (e.g., DOH, DepEd, DOLE, DSWD, DILG, CSC, CHED, NYC, PIA, DBM) and representatives from organizations of persons living with HIV and AIDS and NGOs for key populations. Except for government agency members, PNAC members are appointed by the President.
Examples: (1) develop the AIDS Medium Term Plan (AMTP) and ensure its operationalization; (2) strengthen collaboration among government agencies and CSOs in implementing the response; (3) develop guidelines/policies; (4) monitor progress and evaluate impact; (5) mobilize funds and partners and ensure foreign-funded programs align with the national response; among others.
It is a six-year national multi-sectoral strategic plan to prevent and control HIV and AIDS. It must include targets/strategies, prevention/treatment/care/support components, operationalization and implementing agencies (including responsible offices), and the budgetary requirements with an investment plan and identified funding sources.
NASPCP coordinates with PNAC for implementation of the health sector’s HIV/AIDS and STI response as identified in AMTP. The Epidemiology Bureau maintains a monitoring and evaluation program: it determines and monitors magnitude/progression and collects/evaluates medical reports with anonymous coding, and submits quarterly/annual reports to PNAC.
It requires age-appropriate HIV/AIDS education and information dissemination to reduce risky behavior, lower vulnerabilities, and promote human rights. It expressly states HIV/AIDS education and information dissemination form part of the constitutional right to health.
Using standardized PNAC information, they must integrate age-appropriate instruction on causes, modes of transmission, and prevention of HIV/AIDS and other STIs in curricula (including alternative/indigenous learning systems), with human-rights-based principles and information to promote stigma reduction, plus referral mechanisms for key populations and vulnerable communities.
The law encourages voluntary HIV testing and requires written consent from the person taking the test. It provides HIV testing availability under circumstances such as guidance for minors and consent rules under Section 29, and specific circumstances for provider-initiated and routine testing under subsequent sections (and compulsory testing only when allowed under Section 30).
(1) Ages 15 to below 18: consent is obtained from the child without needing parent/guardian consent. (2) Below 15 and pregnant or high-risk: eligible for testing with assistance of a licensed social worker/health worker; consent from the child without parent/guardian consent. (3) Other cases below 15 or mentally incapacitated: consent obtained from parents/legal guardian; if not located or refused, obtained from licensed social worker/health worker; the minor’s assent is also required.
It may be allowed only when: (a) necessary to test a person charged with specified offenses (injuries, rape, simple seduction) under the Revised Penal Code (as amended); (b) necessary to resolve relevant issues under Executive Order No. 209 (Family Code); and (c) as a prerequisite in donation of blood under RA 7170 (Organ Donation Act is referenced elsewhere; blood donation is specifically under RA 7170 and RA 7719).
DOH must accredit facilities; develop guidelines ensuring informed consent, voluntariness, confidentiality, availability, and delivery by qualified DOH-accredited providers; set standards for HIV counseling; accredit institutions that train counselors; provide accessible routine provider-initiated counseling/testing in all health settings; and ensure free pre-test and post-test counseling in government facilities. No HIV testing without informed consent.
DOH must establish a program providing free and accessible ART and opportunistic infection medication to all PLHIV enrolled in the program, designate treatment hubs (public and private), and develop a manual of procedures for management.
Workplace discrimination includes rejection of job application, termination, or other discriminatory policies in hiring, employment benefits, promotion, or assignment solely/partly based on actual/perceived/suspected HIV status. Learning institutions discrimination includes refusal of admission, expulsion, segregation, harsher disciplinary actions, or denial of benefits/services solely/partly based on actual/perceived/suspected HIV status.
The confidentiality and privacy of any individual tested/exposed/with HIV or HIV-related illness must be guaranteed. Violations include: (1) disclosure of confidential HIV/AIDS information without written consent (unless otherwise provided by law); and (2) media disclosure that identifies persons living with HIV/AIDS or confidential information without prior written consent (subject to exceptions under referenced laws).