German AIDS Aid: HIV tests must remain voluntary!

23.07.2012 13:16

In Saxony-Anhalt, HIV and hepatitis tests will soon be possible against the will of those affected under certain conditions. This is what the bill for an amended “Law on Security and Order” provides for, which was discussed in the first reading in the state parliament on July 13th and referred to the Interior Committee.

Deutsche AIDS-Hilfe rejects this bill as disproportionate. Carsten Schatz, member of the board of the German AIDS Aid, says:

“Such a law overrides fundamental rights. It opens the door to involuntary testing and therefore indiscriminate treatment of people who may be HIV-positive. It is not without reason that medical tests in Germany can only take place with the consent of those affected and in conjunction with appropriate advice. This claim is a valuable asset and must not be softened lightly. The decision for or against a test and the right time lies with the individual – and it must stay that way!”

An HIV test against a person's will is legally bodily harm; the diagnosis can have serious psychological and social consequences.

Saxony-Anhalt is now planning to allow tests if – as the justification for the bill states – people “were exposed to a particular risk of infection. Police officers and rescue workers in particular can be affected if, for example, they injure themselves with syringes or if their own open wounds come into contact with the body fluids of a person being arrested or an accident victim (…).”

Particularly serious: If the police assume there is “imminent danger”, the tests mentioned could even be possible without a court order.

The background is the possibility of “post-exposure prophylaxis” (PEP, “post-risk prevention”). In most cases, prompt treatment with HIV medication can prevent transmission of the virus. However, this treatment is also possible without an HIV test; Only in the rarest of cases is it not clear whether an infection is present or likely. In addition, an HIV test cannot provide reliable information in such situations because it only reliably shows whether someone is HIV-positive or -negative three months after a risk of infection.

DAH board member Carsten Schatz: “A far-reaching legal change is planned due to rare individual cases. This law is more due to great fears than actual needs. To undermine a fundamental right for this is completely disproportionate.”

On this issue, Deutsche AIDS-Hilfe offers itself as a discussion partner for decision-makers in politics and the associations of the above-mentioned professions. “We take the fears of people in medical professions and in police operations very seriously,” says Carsten Schatz. “We are happy to help counter these fears with helpful information.”