HIV forced test for gays and foreigners planned

Saxony Anhalt plans HIV and hepatitis compulsory test for so-called risk groups

30.11.2012

The state of Saxony-Anhalt apparently plans a forced test for so-called „HIV and hepatitis risk groups“. This meant groups of people such as homosexuals, foreigners, homeless people and drug addicts, as the Robert Koch Institute noted. The planned Land Law is met with strong criticism from the numerous interest groups and the opposition.

If it were up to the Ministry of the Interior in Saxony-Anhalt, foreigners, homosexuals, the homeless or addicts in the federal state should evidently undergo a compulsory HIV and hepatitis test. The controversial new regulation should be in the new „Law on public safety and order of Saxony-Anhalt“ to get integrated. The Minister of the Interior justified this measure with the argument that certain professional groups such as police officers or paramedics would have to be protected against infectious diseases. It is precisely those occupational groups who have more frequent contact with people who are infected.

So far, it was up to every human being to take such an HIV test. Even with suspected HIV infection, the patient had to give his consent. But the Minister of the Interior now wants that there is sufficient, if not specific circumstances to suspect that a „increased probability of infection“ could exist.

Robert Koch Institute reports medical and ethical concerns
According to a spokesman for the epidemiological department of the Robert Koch Institute (RKI), homosexuals, drug addicts, homeless people and foreigners are very likely to be assigned to this risk group. That's why you have too „serious ethical and medical concerns“ Registered. There are considerable doubts about such a compulsory test, since according to recent surveys „Only 0.05 percent of the total population in Saxony-Anhalt has been infected with the HI virus“.

The German AIDS Aid, the gay and life organization and the opposition also reacted with outrage. The state government let itself of „irrational fears“ guide and act on the bill „completely inappropriate“. With that „in no way protected police or other helping professions“, how the association wrote to the Minister of the Interior Holger Stahlknecht (CDU) in an open letter. Rather, be „gay-oriented people are stigmatized and discriminated against“.

Ministry of the Interior rejects allegations
The phones in the Ministry of Interior of Saxony-Anhalt are currently hot. Numerous outraged citizens and many journalists call the ministry, a speaker confirmed. Meanwhile one tries to appease: „The bill does not aim to discriminate against or discriminate against certain groups of the population“, so the speaker. Rather, the infection test „be arranged only under very specific conditions“. According to current plans, a judicial decision is required.

Such a case could be, for example, when a paramedic injured on the drug supply of an addicted person. Then it had to be clarified whether there was a health risk for the helper, according to the ministry. The same would apply to police officers who would be injured during a mission. The terminology „risk group“ would not be used at all. In no case should the test be based on the „Origin, gender or sexual orientation“ to be ordered. Only if some facts spoke for it and possibly an infection took place, the test would be ordered also under compulsion, if the concerning of the testing does not agree, so the Ministry spokesman.

Spongy formulations in the legal text
But in the bill that reads meanwhile completely different. There is literally: „A person can be physically examined if facts justify the assumption that it posed a danger to the life or limb of another person. "That is the case according to the law if it leads to a transmission of" particularly dangerous pathogens, especially hepatitis B Virus, hepatitis C virus or human immunodeficiency virus (HIV), may have come. "In addition, the test result should be usable for the prevention of danger „no health disadvantage“ suffer. Such a formulation leaves much room for maneuver. For how should the assumption be grounded in reality? Is it enough, if police officers „at your discretion“ think the person is infected?

The Federal Association of the Gay and Lesbian in Germany also criticizes that. The „Prerequisites for such a test are spongy, which is why people are only assigned to a risk group because of their external appearance“. This meant that almost everyone could be forced to do such a test by force - similar to an alcohol test. (Sb)

Picture: Andrea Damm