PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
It is important for people who have HIV or AIDS to be aware of their rights. This includes rights with respect to discrimination and medical treatment. There are also protections in place regarding insurance.
Saskatchewan law prohibits discrimination on the basis of having HIV or AIDS. Like other medical conditions, HIV and AIDS are considered to be a disability. Individuals who are HIV positive or have AIDS are protected from discrimination in areas such as:
Employers cannot ask for your HIV status. They must agree to reasonable changes to the conditions of your job if needed. For example, being flexible with your work hours so you can attend medical appointments.
You cannot be denied access to services or facilities because you have HIV or AIDS. For example, restaurants and hotels cannot deny you service because of this.
Landlords cannot refuse to rent a property to you on the basis of your HIV or AIDS status. No one can refuse to sell property to you on this basis either.
School children who test positive for HIV or have AIDS have the right to attend school without any restrictions. The exception to this is if there is shown to be a significant risk to the child or to other children.
If you believe that you are being discriminated against because you have HIV or AIDS, contact the Saskatchewan Human Rights Commission. You may also wish to talk to a lawyer.
Contracts for insurance are allowed to discriminate based on a person’s disability such as HIV. This means insurance companies can refuse to insure someone based on a disability that they consider to risky to insure. The insurance company must act in good faith when making that decision, however.
A denial of insurance often comes in the form of not covering pre-existing conditions. This kind of policy will not cover claims made for health conditions that existed when the policy began. Other policies may specifically exclude coverage for HIV and AIDS. Some insurance companies may offer insurance policies specifically for people with HIV.
When you apply for insurance, the company may require an HIV test. If an HIV test is required, you should be informed about:
If you are already covered by an insurance policy when you test positive for HIV, the policy must continue according to its terms. Insurance coverage can still end for other reasons such as not paying your premiums. Since you did not have HIV when you took out the insurance, you are entitled to the insurance coverage you bought. If your insurance company refuses to pay for an HIV or AIDS-related claim, get legal advice.
You have the right to be fully informed about medical procedures or treatment you will receive including an HIV test. This is so that you can give informed consent. You also have the right to refuse medical treatment. For more information, see Consent to Medical Treatment.
Doctors and other health care workers have a legal duty to keep your medical information, such as your HIV status, confidential. This means they cannot release your medical information without your consent.
The exception to this is where the law permits or requires them to do so. Doctors and health care workers are required to report a positive HIV test or a diagnosis of AIDS to the province. In certain situations, the law may allow the release of your medical information without your consent. This may be the case, for example, where there is a legitimate concern that someone else is at risk of harm.
Always read the fine print if you consent in a release form to have your medical record provided to someone else such as an employer. You can tell your doctor not to disclose particular medical details.
In an emergency situation, a hospital cannot refuse to treat a patient unless the hospital does not have the proper facilities. In that case, the hospital has to assist the patient in getting emergency service elsewhere.
In a non-emergency situation, doctors and other health care workers have the right to refuse to treat a patient. However, this does not mean doctors are allowed to discriminate. If a doctor refuses to treat a patient because they have HIV or AIDS, a complaint can be made to one or both of the:
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!