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| Recognising the imperative necessity for
concerted action by all Malaysian to halt the spread of HIV, |
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| Recognising the paramount importance of
HIV/AIDS awareness and knowledge among all sectors of the population, |
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| Recognising that no programme of awareness,
education and knowledge can fully succeed in Malaysia without
incorporating and integrating the shared religious and ethical
values of multi-ethnic Malaysia, |
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| Recognising that there is wide-spread discrimination
and prejudice against persons living with HIV/AIDS, and their
partners, families and caregivers, |
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| Recognising that the escalating HIV/AIDS
epidemic will have an adverse impact on the socio-economic development
of the nation, thus endangering the achievement of Malaysia's
Development Policy as enshrined in Vision 2020, |
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| THIS CHARTER sets out a basic framework
of shared rights and shared responsibilities incumbent upon
all in Malaysia. |
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| 1. |
Every individual shall
have the right to accurate and unambiguous information
on HIV/AIDS. |
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| 2. |
The federal and state
governments shall have the responsibility to provide HIV/AIDS
information and education for the general public. |
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| 3. |
A National AIDS Resource
Centre shall be set up and made accessible to everyone
and shall be supported by information from government,
the private sector, non-governmental organisations and
other related agencies. |
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| 4. |
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All government agencies and
non-governmental organisations, the private sector
and other related agencies shall, where appropriate,
coordinate their policies and activities in relation
to HIV/AIDS. |
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In the development of policies,
people living with HIV shall be consulted. |
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| 5. |
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Every individual shall be made
aware of universal precautions. |
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Education on universal precautions
shall be the joint responsibility of the federal
and state governments, non-governmental organisations,
the private sector and other related agencies. |
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| 6. |
On the basis of compassion,
forgiveness and tolerance as preached and practised by
all religions, there shall be unconditional acceptance
of people living with HIV/AIDS and affected individuals.
HIV/AIDS support and care services shall be set up for
people living with HIV/AIDS and existing ones shall be
strengthened, in consultation with them. |
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| 7. |
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People living with HIV shall
have the right to insurance coverage. |
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HIV shall be viewed like any
other existing medical condition for the purpose
of coverage. |
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| 8. |
The rights and responsibilities
embodied in the Patient's Charter shall apply whether
an individual is HIV infected or not. |
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| 1. |
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Every individual has the responsibility
to protect himself or herself and others. |
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This shall include, among other
things, the responsibility to inform his or her
spouse or sexual partner of his or her HIV status. |
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In the case of polygamous relationships,
a partner with HIV has the responsibility to inform
all other partners in that relationship. |
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An individual shall have the
right to refuse sex if he or she believes that he
or she is at risk of being infected by his or her
partner. |
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| 2. |
Responsible behaviour shall be emphasised
in all relationships. |
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| 3. |
All individuals affected
by HIV/AIDS have the right to be treated with care, consideration,
respect and dignity without discrimination of any kind. |
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| 4. |
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All individuals shall have the
right to anonymous testing. |
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All individuals have the right
to confidentiality. Confidentiality should be maintained
at all times unless circumstances, within the spirit
of the Charter, deem otherwise. |
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| 5. |
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People living with
HIV shall have the right to marry provided that
prior to the marriage, the HIV status is disclosed
to the partner and premarital counselling addressing
the special issues involved is given to the couple. |
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Proper and effective counselling
shall be made available and accessible to enable
such couples to make an informed choice with regard
to their reproductive roles. |
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| 6. |
All people living with
HIV shall have the same rights to shelter as any other
individual. An individual's tenancy shall not be terminated
on the ground of his or her HIV status or the HIV status
of a member of his or her household. |
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| 7. |
There shall be no restrictions
on an individual's mobility solely on the basis of his
or her HIV status. |
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| 8. |
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Prior to HIV testing, trained
counsellors shall provide adequate counselling. |
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Informed written consent shall
be obtained unless circumstances do not permit. |
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Post-test counselling shall,
as far as possible, be provided by the same counsellor. |
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| 1. |
All healthcare workers
shall be adequately educated and sensitised to HIV/AIDS
issues to enable them to carry out their duties and responsibilities
without prejudice and discrimination. This shall form
part of the continuing medical education requirements.
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| 2. |
Healthcare workers shall be responsible
for having themselves tested for HIV if they perceive
themselves to be at risk. |
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| 3. |
Healthcare workers shall have the
right to have their HIV status kepi confidential. It is
not essential for patients to know the HIV status of healthcare
workers where it has no bearing on their medical management
and treatment. |
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| 4. |
A healthcare worker who is HIV positive
shall have the right to continue working subject to approval
and regular review by suitably qualified specialists with
regard to his or her ability to continue in his or her
line of work within his or her profession. |
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| 5. |
Healthcare workers shall provide
primary care to all people living with HIV/AIDS. Transferrals
and referrals shall be made only when facilities are inadequate. |
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| 6. |
Healthcare workers shall provide
the same standard of nursing and medical care to all people
living with HIV/AIDS as is provided to other patients. |
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| 7. |
Healthcare workers shall have the
right to a safe working environment. They shall be provided
with: |
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adequate personal protection
equipment; |
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care and support especially
counselling and stress management |
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compensation / insurance for
occupationally acquired diseases |
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| 8. |
Every healthcare worker shall strictly
follow universal precautions to protect themselves and
their patients. |
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| 9. |
Patients who are HIV positive shall
be encouraged to inform the attending health care workers
of their HIV status. Information about a patient's HIV
status shall be restricted to doctors, nurses, trainees
and other authorised personnel on a need to know basis. |
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| 1. |
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No individual shall be required
to be tested for HIV or be required :0 disclose
his or her HIV status as a pre-condition for employment. |
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In the limited situation where
an occupation may involve a real risk of transmission,
the prospective employee may be required to undergo
an HIV test. In such cases, the party requiring
the test shall inform the prospective employee of
this requirement before the test. All conditions
governing testing shall be followed. |
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| 2. |
An employee's HIV status shall not
be the sole criterion for disqualification from any form
of employment except in the limited situation where an
occupation may involve a real risk of transmission. |
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| 3. |
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People living with HIV shall
have the right not to disclose their HIV status
unless their jobs involve a real risk of transmission
to others. |
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Disclosures shall not lead to
any loss of benefits, loss of income or retirement
benefits. |
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| 4. |
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People living with HIV/AIDS
shall have the right to continue in employment as
long as they are able to work and so long as they
pose no current danger to themselves, their co-workers
and other individuals in the work environment and
to workplace processes. |
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If necessary, an employee living
with HIV I AIDS shall be reassigned to a more appropriate
work environment without any loss of benefits. |
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| 5. |
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During employment, there shall
be no mandatory testing for HIV. Testing shall be
informed and voluntary. |
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Testing during employment shall
be a medical decision for the benefit of the employee
and shall not be the basis for renewing his or 1er
employment contract. |
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| 6. |
Termination of employment on medical
grounds for a person with AIDS shall be the same as for
any other disease. |
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| 7. |
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Confidentiality in the workplace
shall be maintained at all times. |
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Information in medical records
shall be kept confidential between doctor and employee
only. |
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| 8. |
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All employers, employees. their
unions and their families shall have access to appropriate,
factual information and education regarding HIV/
AIDS and preventive measures. |
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Every employer shall provide
information on HIV/AIDS to their employees and shall
link such information with staff development programmes. |
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The education of employers shall
be the joint-responsibility of government, non-governmental
organisations and employer associations with emphasis
on the economic impact of HIV. |
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| 1. |
All individuals affected
by HIV/AIDS shall have equal access to schools and educational
institutions. |
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| 2. |
Laws and policies shall not hamper
the development and dissemination of HIV/AIDS educational
materials. |
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| 3. |
Educational materials shall incorporate
shared religious values and principles to ensure responsible
behaviour. |
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| 1. |
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HIV testing shall be made available
to all inmates. |
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Testing shall be voluntary and
only with informed written consent after pre-test
counselling. |
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| 2. |
Counselling and support services
shall be provided to all HIV positive inmates and their
families, from within and outside the prison system. |
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| 3. |
There shall be no segregation on
the ground of HIV status in prisons and detention centres
except for: |
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medical reasons; |
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the protection of the HIV positive
inmate; |
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the protection of the other
inmates if the HIV positive inmate is a real risk
to others. |
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All inmates shall have the right
to confidentiality. |
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Confidentiality shall be maintained
at all times and as far as possible shall be breached
only with the consent of the HIV positive inmate. |
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Records shall be kept confidential
with restricted access to those who need to know. |
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| 5. |
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All inmates, staff and their
respective families shall have access to appropriate,
factual information and education regarding HIV/AIDS
and preventive measures. |
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The education of inmates and
staff of prisons and detention centres shall be
the responsibility of government and non-governmental
organisations. Prisons and detention centres shall
allow inmates access to appropriate harm reduction
methods. |
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