On January 7th, the Court of Appeal of Santiago dismissed, at first instance, a complaint about the protection of journalist and activist for sexual diversity, Victor Hugo Robles, filed against Health Minister Emilio Santez, accusing the public authority of criminalizing people living with HIV / which he calls the "HIV campaign of terror".
Sponsored by a specialist in healthcare law, Esteban Arevalo, a community activist on HIV / AIDS, known as El Che de los Gees, appealed in the form of a subsidy to the Supreme Court, which accepted the Constitutional Protection Order to appeal to the Court of Appeal .
"It is clear from the merits of the minutes that the defamation filed in the case reveals facts that might constitute a violation of the guarantees of the ones referred to in Art. 20 of the Constitution of the Republic and therefore the complaint. It had to be accepted for processing. For these reasons and the provisions of Art. 20 of the Political Constitution of the Republic and the self-approving of that court, the contested resolution of 7 January, two thousand and nineteen, is repealed and in its place it is declared that the remedy raised is admissible and the procedure has to be given. Sign up and come back, "says the Third Chamber of the Supreme Court, integrated between Ministers Marie Evgenia Sandoval and Gloria Anna Cevesic.
The legal measure shows that on December 30, 2018, the Ministry of Health published a video that is part of a campaign in the context of the HIV / AIDS problem that the country presents us. This registry immediately triggered hundreds of reactions among social network users, both HIV-positive and the complainant, as well as civil society organizations working on the issue, criticizing the "discriminatory" tone of video in various ways and its a "police" message, widely perceived by the national press.
"Although the constitutional action of the defense is not a popular act," adds the court action, "there is a video released and distributed by the defendant, in addition to direct involvement of the complainant who is a person living with HIV; , riots and cross-criticism in public opinion, including the Medical Association.
Victor Hugo Robles assesses the determination of the Supreme Court because "it obliges the Ministry of Health to report (without) reasons for a campaign being interrogated by social organizations, medical corporations and parliamentarians involved in the matter."
Likewise, he said: "This will allow greater involvement of social organizations and care in preventive messages sent to the population, ensuring respect for human rights of people living with HIV / AIDS in Chile".
"Discrimination and criminalization by Chile is illegal and ethical, because it is government officials and institutions who are obliged to abide by the AIDS Act that establishes non-discrimination for people living with HIV / AIDS," he said. activist