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People living with HIV have the right to:

  • be treated with dignity and respect.

  • to be free of discrimination.

  • to enjoy the highest attainable standard of physical and mental health.

  • have control over our own health and make informed decisions about how we live with HIV.

  • choose when and if we want to tell anyone we have HIV, and to have that information kept private and confidential.

  • choose which therapies or treatments to use, refuse treatments or therapies we do not feel comfortable with.

  • have a full and active sex life with any partner(s) we choose.

  • be involved with and have access to social support, networks and communities where we feel a sense of belonging and connection.

  • have access to an adequate standard of living for our health and well-being.

  • actively participate in decisions and policies which affect us.

Challenging us about how we express any of these rights is discriminatory, and illegal under the Human Rights Act 1993.

Legal obligations

If we use a condom, we do not have a legal duty to tell our partner we have HIV before having vaginal and anal sex.

If we do not use a condom, we DO have a legal duty to tell our partner we have HIV before having vaginal and anal sex, regardless of our viral load.

Telling healthcare professionals

There is no legal requirement for us to share that we have HIV before having any type of medical examination or treatment or if we are receiving care and support services at home or in a specialist care facility.

All healthcare professionals are required to use standard precautions to avoid the transmission of blood-borne infections and pathogens. However, telling a healthcare professional about our HIV could help them to provide us with better care.

Not only do people living with HIV have the legal right to keep our HIV confidential, but we also have the right to expect others who know, to also keep the information confidential. This is a legal requirement under the Privacy Act.

Making a complaint

If the support and services we receive is not acceptable, or we feel our rights have not been upheld, we can ask to change our healthcare provider or make a complaint. The nationwide Health & Disability Advocacy Service is free, confidential, and completely independent.