KAZAKHSTAN. Law of the Republic of Kazakhstan of 5 October 1994 on the prevention of AIDS. (International Digest of Health Legislation, Vol. 46, No. 3, 1995, pp. 314-316.)

The principal provisions of this Law read substantially as follows:

"Definition of AIDS

1. AIDS (acquired immune deficiency syndrome) is a particularly dangerous infectious disease, associated with infection by the human immunodeficiency virus.

Agencies, establishments, and organizations conducting AIDS prevention and treatment

2. The Ministry of Health of the Republic of Kazakhstan, divisions and directorates (departments) of health, centres for the prevention and treatment of AIDS, blood transfusion posts, the Ministry of the Interior of the Republic of Kazakhstan, and other ministries and departments shall be among the agencies, establishments, and organizations that conduct, with the support of the mass communications media and social organizations, AIDS prevention and treatment.

It shall be the responsibility of the State to implement the range of necessary measures and the legal protection of citizens necessary to implement this Law.

Persons guilty of violations of this Law shall incur liability in accordance with the legislation in force.

Centres for the prevention and control of AIDS

3. Republic, provincial, and municipal centres for the prevention and control of AIDS' means establishments providing specialized preventive and therapeutic care of a particular type, involving a combination of therapeutic, diagnostic, prophylactic, and epidemic control measures, the aim being to assure the early detection and treatment of AIDS and the prevention of its spread.

Financing of measures for the prevention and control of AIDS

4. ....

The right of citizens of the Republic of Kazakhstan, aliens, and stateless persons to undergo medical testing for AIDS

5. Citizens of the Republic of Kazakhstan, aliens, and stateless persons residing or present on the territory of the Republic shall have the right to a voluntary, confidential, anonymous medical test in State health establishments, with a view to detecting infection by the human immunodeficiency virus.

Obligation of citizens of the Republic of Kazakhstan, aliens, and stateless persons to undergo medical testing for AIDS

6. Citizens of the Republic of Kazakhstan, aliens, and stateless persons shall be obliged to undergo medical testing should there exist sufficient grounds for presuming that they may be infected by the human immunodeficiency virus.

The principles and procedures for directing citizens for testing, and their treatment, shall be regulated by the Law of the Republic of Kazakhstan on the protection of the health of the population in the Republic of Kazakhstan.

Staff members of diplomatic, representational, and consular services of foreign States and other persons enjoying diplomatic privileges and immunities on the territory of the Republic of Kazakhstan may be tested for infection by the human immunodeficiency virus only with their consent. The Ministry of Health of the Republic of Kazakhstan shall reach prior agreement with the Ministry of Foreign Affairs of the Republic of Kazakhstan on proposals as to the need for such persons to undergo testing.

HIV-infected persons must be informed in writing on their condition by the health establishments that established the fact that they are infected. Such persons shall be required to comply with measures for the prevention of the spread of infection, established by the Ministry of Health of the Republic of Kazakhstan.

Aliens residing on the territory of the Republic who refuse to undergo testing or prophylactic surveillance, or who are infected by HIV or suffering from AIDS, shall be expelled beyond the borders of the Republic.

An alien whose husband or wife is a citizen of the Republic of Kazakhstan shall not be subject to expulsion.

Social protection of persons infected by the human immunodeficiency virus

7. Citizens of the Republic of Kazakhstan and stateless persons who are infected by HIV shall have the right to free supplies of medicaments and outpatient and inpatient care in State health establishments, as well as to reimbursement of expenses incurred by their travel to and from the place of treatment, these expenses being covered by the health establishments at their place of residence.

Children under 16 years of age who are infected by HIV or are suffering from AIDS shall be eligible for a monthly State allowance, amounting to 80% of the minimum wage.

If one of the parents is obliged to interrupt his or her work contract in order to take care of a child under 16 years of age who is infected by HIV or suffering from AIDS, he or she shall be entitled to retain his or her seniority without a break.

Children and young persons who are infected by HIV or suffering from AIDS shall have the right to be educated in a school establishment or in another educational establishment.

Dismissal, refusal of employment, and refusal of admission to an establishment for pre-school children or to an educational establishment, restrictions on other legitimate rights and interests of persons infected by HIV or suffering from AIDS, as well as restrictions on rights in the field of housing or other fields, in respect of the relatives and close associates of the above-mentioned persons, shall be prohibited.

Measures for the prevention of AIDS infection related to specific persons and professions

8. Medical and pharmaceutical personnel and workers in the service sector, who are infected by HIV, shall be liable to removal from their service functions, and transferred to other work.

HIV-infected persons may not be donors of blood, tissues, or organs.

Liability for infection by HIV

9. In the event that a person who is aware that he is infected knowingly exposes another person to a risk of HIV infection, or infects that person, the person responsible shall incur liability in accordance with the legislation in force.

Liability of persons for negligence in the fulfilment of their professional duties

10. Medical personnel and other persons working in the service sector who are guilty of negligence in the fulfilment of their professional duties, such as to entail HIV infection of other persons, shall incur liability in accordance with the established legislation.

Preservation of medical confidentiality

11. Medical personnel and other persons who become aware, in the performance of their professional duties, of information on persons who are infected by HIV or suffering from AIDS, shall be required to maintain confidentiality, protected by the Law, in respect of this information.

AIDS as an occupational disease

12. HIV infection of medical and pharmaceutical personnel, as well as the staff of medical research institutes and workers in the service sector, while performing their service and professional duties, shall be classified as an occupational disease.

Insurance of medical and other personnel against the risk of occupational infection by HIV and AIDS

13. Medical and other personnel who, in the performance of their functions, are liable to contract AIDS of occupational origin shall be required to take out compulsory State insurance. In the event of infection, disease, incapacity, or death due to AIDS, the persons concerned shall receive a lump-sum allowance, in accordance with the Law of the Republic of Kazakhstan on labour protection.

The right to the above-mentioned allowance shall also apply to persons infected by HIV or suffering from AIDS as a consequence of duties performed in an inappropriate manner by medical personnel and service workers in the service sector.

Benefits granted to medical personnel concerned with the prevention and treatment of AIDS

14. Medical personnel and service and technical personnel working in centres for the prevention and control of AIDS, other health establishments, agencies, or medical and research institutes, who are directly involved in the prevention, treatment and diagnosis of, and research on, AIDS, shall have the right to a shortened 6-hour working day, extra paid leave of 24 working days' duration, and a supplementary indemnity for professional risk amounting to 60% of the established salary."